Decision No. 36/2006/QD-BTM dated December 15, 2006 of the Ministry of Trade promulgating the operation regulation of bonded zones in hi-tech parks

DECISION

PROMULGATING THE OPERATION REGULATION OF BONDED ZONES IN HI-TECH PARKS

THE MINISTER OF TRADE

Pursuant to the Government's Decree No. 29/2004/ND-CP of January 16, 2004, defining the functions, tasks, powers and organizational structure of the Ministry of Trade;

Pursuant to the Government's Decree No. 99/2003/ND-CP of August 28, 2003, promulgating the Regulation on Hi-Tech Parks;

After consulting the Ministry of Finance, the Ministry of Planning and Investment and the Ministry of Science and Technology;

At the proposal of the director of the Import and Export Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Operation Regulation of bonded zones in hi-tech parks.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO."

OPERATION REGULATION

OF BONDED ZONES IN HI-TECH PARKS
(Promulgated together with the Trade Minister's Decision No. 36/2006/QD-BTM of December 15, 2006)

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Regulation provides for the operation of bonded zones in hi-tech parks (below referred to as bonded zones for short).

Article 2.- Activities in a bonded zone

Bonded zone is a non-tariff zone with geographical boundaries marked by solid fencing walls to separate activities in the bonded zone from those in other functional areas in a hi-tech park and inland Vietnam, with gates and a customs office for conducting customs supervision, inspection and clearance for goods brought into and out of the zone. Activities in a bonded zone cover:

- Goods production and processing;

- International goods purchase and sale;

- Logistics services;

- Trade fairs and exhibitions;

- Goods and service display and introduction.

Article 3.- Establishment of a bonded zone

The establishment of a bonded zone shall be decided by the president of the People's Committee of the province or centrally run city where a hi-tech park is located after consulting the Ministry of Trade and the Ministry of Finance.

Article 4.- Entities entitled to operate in a bonded zone

1. Entities operating in a bonded zone (below referred to as bonded zone enterprises for short) include:

- Vietnamese traders;

- Branches and representative offices of Vietnamese traders;

- Branches and representative offices of Vietnam-based foreign traders.

2. The right of the subjects defined in Clause 1 of this Article to engage in business activities shall comply with the provisions of the Commercial Law and relevant laws.

Article 5.- Residence in a bonded zone

Except for officials and employees of bonded zone enterprises who are permitted by the Hi-Tech Park Management Board to stay overnight in the zone to work, no inhabitants (even foreigners) may permanently or temporarily reside in a bonded zone.

Chapter II

PROVISIONS APPLICABLE TO BONDED ZONES

Article 6.- Goods and service exchange

1. Goods and service exchange relations between a bonded zone and other functional areas in a hi-tech park and the domestic market are import and export relations under the provisions of Vietnamese law on customs, taxation, import and export.

2. Business activities defined in Article 2 of this Regulation must comply with Vietnamese relevant laws on goods and services banned or restricted from business or subject to conditional business.

3. Taxes on tools, stationery, food, foodstuff and other goods brought into a bonded zone in service of daily-life activities and offices of bonded zone enterprises shall be guided by the Finance Ministry.

Article 7.- Goods transportation

Imported and exported goods which are transported into or out of a bonded zone are subject to customs inspection and supervision in accordance with the Customs Law and other relevant laws.

Article 8.- Tax obligations

Bonded zone enterprises shall fulfill tax obligations under the Finance Ministry's guidance.

Article 9.- Management of entry into and exit from bonded zones

1. Only officials and employees of bonded zone enterprises and partners and guests of those enterprises may enter and exit the bonded zone.

2. The Hi-Tech Park Management Board shall coordinate with the bonded zone's customs office in promulgating regulations on the management of entry into, exit from, travel and other activities in, the bonded zone.

Article 10.- Other regulations on state management

1. Bonded zone enterprises are subject to other regulations on state management of the environment, fire prevention and fighting, sanitation, labor management, security and order in accordance with current Vietnamese law.

2. The Hi-Tech Park Management Board shall directly perform the state management of all activities of a bonded zone. The Management Board shall coordinate with concerned state agencies in managing, inspecting and examining according to their competence activities of bonded zone enterprises in accordance with law.

Article 11.- Preferences for bonded zone enterprises

Apart from the preferences mentioned in this Regulation, bonded zone enterprises are also entitled to other preferences applicable to hi-tech park enterprises according to current regulations.

Chapter III

IMPLEMENTATION PROVISIONS

Article 12.- Elaboration of management regulations

Based on the provisions of this Regulation and relevant laws, the Hi-Tech Park Management Boards shall elaborate specific regulations on the organization and management of bonded zones and submit them to the People's Committees of the provinces or centrally run cities where the hi-tech parks are located for approval.

Article 13.- Relevant provisions

Other provisions related to the operation of bonded zone enterprises which are not mentioned in this Regulation shall comply with the Hi-Tech Park Regulation, Vietnamese relevant legal documents and treaties to which Vietnam has signed or acceded.