- 1Decision No. 189/1999/QD-TTg of September 20, 1999, ratifying the overall orientation planning for construction of Lao Bao trade area, Quang Tri province, till the year 2020
- 2Circular No. 11/1999/TT-BTM of May 11, 1999, guiding the implementation of The Prime Minister’s Decision No. 219/1998/QD-TTg of November 12, 1998 promulgating the regulation on the economic and trade development promotion area of Lao Bao, Quang Tri province
- 3Circular No. 04/1999/TT-TCHQ of June 18, 1999, guiding the customs procedures for export goods, import goods and transport means on entry or exit through the Lao Bao economic and trade development promotion area, Quang Tri province, under The Prime Minister’s Decision No. 219/1998/QD-TTg of November 12, 1998
THE PRIME MINISTER OF GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
No. 219/1998/QD-TTg | Hanoi, November 12, 1998 |
THE PRIME MINISTER
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Agreement on Economic, Cultural, Scientific and Technical Cooperation between the Socialist Republic of Vietnam and the Lao People’s Democratic Republic for the 1996-2000 period as well as for 1996 and 1997;
At the proposals of the Minister of Trade and the President of the People’s Committee of Quang Tri province
DECIDES:
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THE PRIME MINISTER OF GOVERNMENT
Phan Van Khai
ON LAO BAO TRADE AREA
(Issued together with Decision No. 219/1998/QD-TTg of November 12, 1998 of the Prime Minister)
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Lao Bao trade area shall encompass Lao Bao and Khe Sanh district towns and the communes of Tan Thanh, Tan Long, Tan Lap, Tan Lien and Tan Hop of Huong Hoa district, Quang Tri province.
1. Use infrastructure works and services in Lao Bao trade area in accordance with the regulations of the Management Board of Lao Bao trade area;
2. Enjoy preferences provided for in Chapter IV of this Regulation;
3. Transfer the land use right and architectural constructions according to the right land-use purposes of the approved projects. In cases where there is a change in a project’s initial investment purpose, the transfer of the land use right and/or constructions shall be effected only after it is approved by the competent agency(ies).
Article 6.- Enterprises of Lao Bao trade area shall have the following obligations:
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2. To fulfill their financial obligations as prescribed by Vietnamese law;
3. To comply with the regulations on border security and order; ensure labor safety and industrial sanitation; ecological and environmental protection and other regulations of the Management Board of Lao Bao trade area;
4. To follow the periodical and annual reporting regime in accordance with the provisions of law;
EXPORT AND IMPORT OF GOODS AND SERVICES
Raw materials, materials and goods, which have been purchased by enterprises of Lao Bao trade area from foreign markets but have not been fully used, and such enterprises’ substandard products and discarded materials still of commercial value, may be sold on domestic markets if all prescribed customs procedures are cleared.
The General Department of Customs shall authorize and guide the People’s Committee of Quang Tri province to implement the customs regulations and create favorable conditions for enterprises of Lao Bao trade area to conduct the above-said activities.
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Goods transported across borders or transited through Lao Bao trade area in Vietnam for further transportation to a third country shall have to comply with Vietnamese law.
The transportation of goods between Lao Bao trade area and the Delsavan trade area of Laos shall comply with the relevant agreements concluded between the Vietnamese Government and the Lao Government as well as the current regulations of each country.
- Gifts;
- Movable assets;
- Goods and appliances of diplomatic missions and international organizations working in Vietnam as well as goods and luggage of people entitled to diplomatic immunity.
- Goods which are banned from circulation in Vietnam;
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The import and/or export through Lao Bao trade area, of goods which are banned from import and/or export by Vietnam but not by Laos and other countries, must be permitted by the Prime Minister.
ENTRY, EXIT, RESIDENCE, TRAVELING AND COMMUNICATION
Lao nationals residing in other provinces as well as foreigners who enter Lao Bao trade area for market study and preparation for investment and/or business activities shall be exempt from entry and exit visas. Their stay duration in Lao Bao trade area shall not exceed 15 days. If they wish to visit other places of Quang Tri province or other provinces and/or cities of Vietnam, the Entry-Exit Management Agency (the Vietnamese Ministry of Public Security) shall grant them visas for multiple entries and exits for no more than 3 months at Lao Bao border-gate.
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2. Goods of Vietnamese origin brought into Lao Bao trade area and goods produced, processed, re-processed and assembled in Lao Bao trade area, when being exported, shall be exempt from export tax.
2. Goods of Lao origin which are imported from Lao Bao trade area into Vietnam shall enjoy import tax reduction under Decision No.181/1998/QD-TTg of September 21, 1998 of the Government.
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The purchase and sale of goods in service of the daily life of individuals working in Lao Bao trade area shall be effected in Vietnam dong.
ORGANIZATION OF MANAGEMENT OF LAO BAO TRADE AREA
The Ministry of Trade, the Ministry of Defense, the Ministry of Public Security, the Ministry of Construction, the Ministry of Finance and the Ministry of Planning and Investment; the General Department of Customs, the General Department of Tourism, the General Land Administration and the concerned agencies shall coordinate with the People’s Committee of Quang Tri province in organizing the effective management of operations of the Management Board of Lao Bao trade area.
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1. To ratify the overall development planning, plans and regulation on operations of Lao Bao trade area, lists of development investment projects and detailed plans to be carried out in Lao Bao trade area; direct the elaboration of the plan for the construction of Lao Bao trade area and submit it to the competent levels for approval, and exercise the management of the projects in strict compliance with the approved plan; decide the ratification of Group B- and C- construction investment projects, based on the agreement reached with the Ministry of Planning and Investment;
2. To set up the Lao Bao trade area’s infrastructure construction and development company which shall be a State enterprise;
3. To coordinate with the ministries and branches stipulated in Article 35 of this Regulation in organizing the management of Lao Bao trade area;
4. To direct and create conditions for the Management Board of Lao Bao trade area in fully performing their assigned tasks as defined in this Regulation;
5. To direct the Management Board of Lao Bao trade area in receiving and evaluating dossiers of direct investment in Lao Bao trade area by business organizations and individuals and issuing licenses thereto, as authorized by the Ministry of Planning and Investment or the Ministry of Trade;
6. To direct the People’s Committee of Huong Hoa district and other provincial functional agencies in coordination with the Management Board of Lao Bao trade area to take measures for ensuring social security, order and safety, thus creating favorable conditions for the operations of enterprises of Lao Bao trade area;
7. To reach agreement with the authorities of the Lao province of Savanakhet on the principles for coordination, administration and management of operations of Lao Bao trade area and Delsavan trade area on the basis of the Government�s Regulation, and in conformity with the special friendship between the peoples of the two countries as well as their current respective legislation.
Article 37.- The Management Board of Lao Bao trade area shall have the following tasks and powers:
1. To elaborate the development planning, plans and the regulation on operation of Lao Bao trade area and submit them to the People’s Committee of Quang Tri province for ratification, popularize such planning, plans, projects and regulation, and organize and inspect the implementation thereof;
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3. To grant, withdraw business licenses and investment licenses as authorized respectively by the Ministry of Trade and the Ministry of Planning and Investment, after consulting the People�s Committee of Quang Tri province; to monitor and inspect the compliance with the granted licenses;
4. To set levels of prices and charges to be effected in Lao Bao trade area and submit them to the competent State agency(ies) for consideration and promulgation;
5. To grant business registration certificates, certificates of goods’ origin in Lao Bao trade area and other certificates when mandated by the competent State agency(ies);
6. To act as the main body in settling problems arising in the course of formulation and execution of investment and business projects and take part in operations of Lao Bao trade area;
7. To coordinate with agencies prescribed in Article 35 of this Regulation and the local administration in ensuring that all activities in Lao Bao trade area conform to this Regulation and the operation charter of Lao Bao trade area.
8. To manage the construction projects financed by the sources of investment capital budget in Lao Bao trade area.
9. To coordinate with the Management Board of Delsavan trade area of Laos in ensuring that operations of the two trade areas comply with the agreements concluded between the Government of the Socialist Republic of Vietnam and the Government of the Lao People’s Democratic Republic as well as the agreements made between Quang Tri province and Savanakhet province.
All budget revenues in Lao Bao trade area must be remitted into the State budget.
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1. Handling of civil and commercial disputes in Lao Bao trade area:
The Management Board of Lao Bao trade area shall have the responsibility to conciliate disputes arising in the process of operation of enterprises of Lao Bao trade area as well as disputes between enterprises of Lao Bao trade area and organizations and/or individuals outside the area;
In case of unsuccessful conciliation, the disputes shall be settled in accordance with the provisions of Vietnamese law.
2. Criminal cases occurring in Lao Bao trade area shall fall within the jurisdiction of courts as prescribed by Vietnamese law.
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THE PRIME MINISTER OF GOVERNMENT
Phan Van Khai
- 1Decision No.11/2005/QD-TTg of the Prime Minister of Government, promulgating the Regulation on Lao Bao special trade-economic zone, Quang Tri province
- 2Decision No.11/2005/QD-TTg of the Prime Minister of Government, promulgating the Regulation on Lao Bao special trade-economic zone, Quang Tri province
Decision No. 219/1998/QD-TTg of November 12, 1998 promulgating the regulation on Lao Bao area of Quang Tri province, where economic and trade development is encouraged
- Số hiệu: 219/1998/QD-TTg
- Loại văn bản: Quyết định
- Ngày ban hành: 12/11/1998
- Nơi ban hành: Thủ tướng Chính phủ
- Người ký: Phan Văn Khải
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 27/11/1998
- Ngày hết hiệu lực: 04/02/2005
- Tình trạng hiệu lực: Hết hiệu lực