Decision No. 16/2010/QD-TTg dated March 03, 2010 of the Prime Minister decision amending and annulling a number of provisions of the Operation Regulations of border-gate economic zones

THE PRIME MINISTER

Decision No. 16/2010/QD-TTg of March 3, 2010, amending and annulling a number of provisions of the Operation Regulations of border-gate economic zones

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 29, 2005 Investment Law;

Pursuant to the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export-processing zones and economic zones;

At the proposal of the Minister of Planning and Investment,

DECIDES:

Article 1. To annul a number of provisions on enterprise income tax incentives in the Operation Regulations of border-gate economic zones as follows:

1. To annul Clause 2, Article 18 of the Operation Regulation of Cau Treo International Border-Gate Economic Zone, Ha Tinh province, promulgated together with the Prime Minister’s Decision No. 162/2007/QD-TTg of October 19, 2007.

2. To annul Clause 3, Article 10 of the Operation Regulation of A Dot Border-Gate Economic Zone, Thua Thien Hue province, promulgated together with the Prime Minister’s Decision No. 64/2008/QD-TTg of May 22, 2008.

3. To annul Clause 2, Article 15 of the Operation Regulation of Moc Bai Border-Gate Economic Zone, Tay Ninh province, promulgated together with the Prime Minister’s Decision No. 140/2007/QD-TTg of August 24, 2007.

4. To annul Clause 3, Article 7 of the Operation Regulation of Dong Thap province Border-Gate Economic Zone, promulgated together with the Prime Minister’s Decision No. 166/2008/QD-TTg of December 11, 2008.

5. To annul Clause 3, Article 10 of the Operation Regulation of An Giang province Border-Gate Economic Zone, promulgated together with the Prime Minister’s Decision No. 65/2007/QD-TTg of May 11, 2007.

6. To annul Article 13 of the Organization and Operation Regulation of Bo Y International Border-Gate Economic Zone, Kon Tum province, promulgated together with the Prime Minister’s Decision No. 217/2005/QD-TTg of September 5, 2005.

7. To annul Article 20 of the Regulation on Lao Bao Special Trade-Economic Zone, Quang Tri province, promulgated together with the Prime Minister’s Decision No. 11/2005/QD-TTg of January 12, 2005.

Article 2. To amend and supplement a number of provisions on import duty and value-added tax incentives for under-24-seat cars of enterprises with their production and business establishments based in border-gate economic zones as follows:

1. To amend Article 17 of the Regulation on Lao Bao Special Trade-Economic Zone, Quang Tri province, promulgated together with the Prime Minister’s Decision No. 11/2005/QD-TTg of January 12, 2005, as follows:

“Article 17. Registration of road motor vehicles in Lao Bao Trade-Economic Zone

1. Road motor vehicles of investment and business organizations and individuals with their head offices officially registered in Lao Bao Trade-Economic Zone may have exclusive number plates of this Zone;

The Ministry of Public Security shall guide the registration and management of, and grant of number plates to, road motor vehicles according to this provision.

2. If road motor vehicles with registered number plates of Lao Bao Trade-Economic Zone operate outside this Zone, they are subject to management by competent police offices like foreign motor vehicles in transit via Vietnam. All vehicles with number plates of Lao Bao Trade-Economic Zone that illegally operate outside this Zone shall be handled under law;

3. Road motor vehicles with registered number plates of Lao Bao which are sold into the inland must comply with Vietnam’s current regulations on goods import and are subject to taxes under law;

4. Right-handed road motor vehicles are permitted to enter and exit Lao Bao Trade-Economic Zone for transporting goods and passengers between this Zone and Laos and neighboring countries. When entering inland Vietnam, these vehicles must comply with international agreements which Vietnam has signed or acceded to.

5. The provisions of Clauses 1, 2 and 3 of this Article apply through December 31, 2012.”

2. To amend Clause 1, Article 20 of the Operation Regulation of Cau Treo International Border-Gate Economic Zone, Ha Tinh province, promulgated together with the Prime Minister’s Decision No. 162/2007/QD-TTg of October 19, 2007, as follows:

“1. Goods and services produced and sold in Cau Treo International Border-Gate Economic Zone and those imported into this Zone are not subject to value-added tax. Particularly, under-24-seat cars imported by enterprises with their production and business establishments based in Cau Treo International Border-Gate Economic Zone into this Zone are exempt from value-added tax through December 31, 2012.”

3. To amend Clause 1, Article 21 of the Operation Regulation of Cau Treo International Border-Gate Economic Zone, Ha Tinh province, promulgated together with the Prime Minister’s Decision No. 162/2007/QD-TTg of October 19, 2007, as follows:

“1. Goods and services originating from inland Vietnam and those imported into Cau Treo International Border-Gate Economic Zone are exempt from export and import duties. Particularly, under-24-seat cars imported by enterprises with their production and business establishments based in Cau Treo International Border-Gate Economic Zone into this Zone are exempt from import duty through December 31, 2012.”

Article 3. To annul the provisions on state management of border-gate economic zones in the Operation Regulations of border-gate economic zones as follows:

1. To annul Chapter IV of the Operation Regulation of Lao Cai Border-Gate Economic Zone, Lao Cai province, promulgated together with the Prime Minister’s Decision No. 44/2008/QD-TTg of March 26, 2008.

2. To annul Chapter III of the Operation Regulation of Dong Dang-Lang Son Border-Gate Economic Zone, Lang Son province, promulgated together with the Prime Minister’s Decision No. 138/2008/QD-TTg of October 14, 2008.

3. To annul Chapter VI of the Operation Regulation of Cau Treo International Border-Gate Economic Zone, Ha Tinh province, promulgated together with the Prime Minister’s Decision No. 162/2007/QD-TTg of October 19, 2007.

4. To annul Chapter VI of the Regulation on Lao Bao Special Trade-Economic Zone, Quang Tri province, promulgated together with the Prime Minister’s Decision No. 11/2005/QD-TTg of January 12, 2005.

5. To annul Chapter IV of the Operation Regulation of A Dot Border-Gate Economic Zone, Thua Thien Hue province, promulgated together with the Prime Minister’s Decision No. 64/2008/QD-TTg of May 22, 2008.

6. To annul Chapter IV of the Operation Regulation of Moc Bai Border-Gate Economic Zone, Tay Ninh province, promulgated together with the Prime Minister’s Decision No. 140/2007/QD-TTg of August 24, 2007.

7. To annul Chapter IV of the Operation Regulation of An Giang province Border-Gate Economic Zone, promulgated together with the Prime Minister’s Decision No. 65/2007/QD-TTg of May 11, 2007.

8. The provisions on state management of border-gate economic zones uniformly comply with Chapter IV of the Government’s Decree No. 29/2008/ND-CP of March 14, 2008, on industrial parks, export-processing zones and economic zones, and other relevant legal documents.

Article 4. Implementation provisions

1. This Decision takes effect on May 1, 2010.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decision.-

Prime Minister
NGUYEN TAN DUNG