Laws of Vietnam

DECISION

Promulgating the Regulation on rewards for the 2005 export turnover amounts in excess of the 2004 export turnover

THE MINISTER OF TRADE

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on rewards for the 2005 export turnover amounts in excess of the 2004 export turnover.

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

For the Minister of Trade
Vice Minister
PHAN THE RUE

Article 1.- Reward consideration

This Regulation provides the consideration and grant of rewards for the 2005 export turnover amounts achieved in excess of the 2004 export turnover (hereinafter referred to as rewards for overachieved turnover) for a number of goods items.

Article 2.- Scope of application

2.1. This Regulation on rewards for overachieved turnover applies to the 2005 export turnover amounts in excess of the 2004 export turnover in US dollar (USD), calculated at FOB price at Vietnamese ports (or by similar modes of goods delivery). For export turnover collected in other currencies, it shall be converted into USD at the time of payment.

2.2. This Regulation does not apply to cases of export of goods for debt payment, on-the-spot export, export into export-processing zones, export under entrustment, export for processing, export as aid to foreign countries, export under agreements or contracts subject to the Government's intervention; temporary import of goods for re-export; transfer of goods from border gate to border gate; or export of goods as barter.

2.3. Goods eligible for rewards for overachieved turnover include 13 kinds and groups of goods items: meat of all kinds; vegetables and fruits of all kinds; tea of all kinds; sutchi catfish, Basa bocourti and shrimp; rice of all kinds; coffee of all kinds; handicrafts, fine-arts and rattan and bamboo articles; groundnut; pepper; (processed) cashew nuts; plastic products; mechanical products; and wood products.

For goods belonging to groups of vegetables and fruits of all kinds; handicrafts, fine-arts, and rattan and bamboo articles; plastic products; and mechanical products, goods eligible for rewards shall be those which had been rewarded by the Trade Ministry for overachieved turnover in 2003.

Article 3.- Subjects entitled to reward consideration

Traders of all economic sectors that are set up and operate under the provisions of Vietnamese law, directly conduct export and meet the conditions set in Article 4 below shall be considered for reward according to this Regulation.

Article 4.- Reward consideration conditions

- Traders that export goods out of the 13 kinds or groups defined in Clause 2.3, Article 2 of this Regulation.

- In 2004, a minimum export turnover of USD 100,000 was earned for each goods item; and of USD 500,000 particularly for rice, coffee kernel and wood products; in 2005 such goods items were also exported.

- Having complete and valid dossiers.

- For foreign-invested enterprises, they must fulfill their export obligations specified in their investment licenses.

Article 5.- Reward consideration dossiers

5.1.A dossier of application for reward consideration comprises:

- An official letter stating the trader's achievements and requesting reward consideration (including general information and data on the trader's achievements as guided in a set form), made in two copies, one to be filed and the other sent to the reward-considering agency (the Trade Ministry).

- A list of the 2004 export turnover, made according to a set form, with the relevant bank's certification of the actually collected foreign currency amounts, enclosed with originals and copies of the export dossier set, including exports declarations certified by border-gate customs offices and the commercial bank's credit notices.

(Dossier-receiving units shall return to traders originals of exports declarations and banks' credit notices after comparing them with their copies).

For foreign-invested enterprises: reports on the fulfillment of export obligations under investment licenses, with the certification of their managing agencies. Such a report shall be made in 2 copies (one to be filed and one sent to the reward-considering agency - the Trade Ministry).

- A list of the 2005 export turnover, made according to a set form, with the relevant bank's certification of the actually collected foreign currency amounts, enclosed with originals and copies of the export dossier set, including exports declarations certified by border-gate customs offices and commercial bank's credit notices.

(Dossier-receiving units shall return to traders originals of exports declarations and banks' credit notices after comparing them with their copies).

For foreign-invested enterprises: reports on the fulfillment of export obligations under investment licenses, with the certification of their managing agencies. Such a report shall be made in 2 copies (one to be filed and one sent to the reward-considering agency - the Trade Ministry).

For a number of specific cases, in the course of reward consideration, dossier-receiving agencies may request enterprises to supply additional documents related to reward consideration.

5.2. Traders' dossiers of application for reward consideration shall be sent to one of the two dossier-receiving agencies, specifically:

- The words "Dossier of application for consideration for reward for overachieved export turnover" shall be written on the dossier envelope.

+ To be sent to the Trade Ministry (the Import and Export Department), 21 Ngo Quyen street, Hanoi, for traders managed by central agencies.

+ To be sent to Trade Services and/or Trade and Tourism Services of provinces or centrally run cities (collectively referred to as provincial/municipal Trade Services), for other traders headquartered in such provinces or cities.

- The deadline for dossier submission is May 1, 2006 (according to the postmark of the sending post office).

Article 6.- Reward levels

Traders that have recorded overachieved export turnover shall be given pecuniary rewards, calculated on the 2005 export turnover value in excess of the 2004 turnover at the following levels:

Article 7.- Receipt of dossiers

7.1. The Trade Ministry shall receive dossiers of independent cost-accounting traders managed by central agencies, including enterprises set up under decisions of the Prime Minister, ministers, heads of ministerial agencies, ministerial-level agencies or Government-attached agencies.

7.2. Provincial/municipal Trade Services shall receive dossiers of traders managed by localities, which are headquartered in provinces or cities, including state enterprises set up under decisions of presidents of provincial/municipal People's Committees and enterprises set up under the Enterprise Law or the Law on Foreign Investment.

Article 8.- Evaluation of dossiers

8.1. The Trade Ministry (the Import and Export Department) shall evaluate dossiers and propose rewards for traders defined in Clause 7.1, Article 7 of this Regulation.

8.2. Provincial/municipal Trade Services shall evaluate and propose rewards for traders defined in Clause 7.2, Article 7 of this Regulation; then send reports on evaluation results, made according to set forms, to the Trade Ministry, enclosed with commercial banks' certification of the 2004 and 2005 actually collected export turnovers of enterprises (copies certified and sealed by enterprises), traders' official letters requesting reward consideration, made according to a set form, and reports on the fulfillment of the 2004 and 2005 export obligations under investment licenses (for foreign-invested enterprises); and keep traders' evaluated dossiers.

Article 9.- Reward consideration

9.1. The Trade Ministry shall consider the grant of rewards.

9.2. Basing himself on the state budget estimates for rewards, the Trade Minister shall decide on rewards for traders that meet the set conditions.

9.3. Rewards shall be considered in the fourth quarter of 2006.

Article 10.- Publication of rewards, payment of rewards, use of reward money

10.1. The Trade Ministry's decisions on rewards shall be made public.

10.2. The Finance Ministry shall decide to make state budget deductions from the Export Support Fund as export reward for traders that meet the conditions set in this Regulation and transfer them into traders' accounts under the Trade Minister's reward decisions.

10.3. Traders shall account reward money amounts as enterprise incomes for offsetting expenses and/or rewarding collectives and/or individuals inside or outside their establishments that have contributed to strengthening and promoting the establishments' export activities.

Article 11.- Responsibilities of traders and relevant agencies for declaring and considering rewards for overachieved export turnovers

- Traders shall be accountable before law for the legality and accuracy of dossiers and data and for enterprises' other information relating to rewards for overachieved export turnovers.

- Commercial banks shall be accountable for the certification of foreign currency amounts or equivalent foreign currency amounts actually collected from traders' export activities.

- The Trade Ministry (the Import and Export Department) shall evaluate data in traders' dossiers and be accountable for such evaluated data according to the provisions of Clause 7.1, Article 7 of this Regulation.

- Provincial/municipal Trade Services shall evaluate data in traders' dossiers and be accountable for such evaluated data according to the provisions of Clause 7.2, Article 7 of this Regulation.

- The Finance Ministry shall have to deduct from state budget funds the reward amounts and transfer them into accounts of rewarded traders.

- The Trade Ministry shall estimate pecuniary rewards and request the Finance Ministry to sum up and include them in state budget estimates.

Article 12.- Implementation schedule

- Traders' dossiers of application for reward consideration shall be sent to dossier-evaluating agencies by May 1, 2006 (according to the postmark of the sending post office).

- Dossier-evaluating agencies shall evaluate dossiers, propose rewards and send evaluation reports to the Trade Ministry within 30 days after receiving traders' dossiers.

- Reports on evaluation of reward data must be sent by provincial/municipal Trade Services to the Trade Ministry by July 1, 2006 (according to the postmark of the sending post office). The Trade Ministry shall consider the grant of rewards and issue decisions on rewards for traders in the fourth quarter of 2006.

- The Finance Ministry shall issue decisions on deducting money from the Export Support Fund for transfer to accounts of rewarded traders within 15 days after the Trade Ministry issues reward decisions.

Article 13.- Handling of violations

Traders that are detected to have committed violations or intentional fraud, or made false dossiers shall have the whole reward money withdrawn and, depending on the severity of their violations, be handled according to law.

Article 14.- Implementation provisions

The Trade Ministry hereby requests Government-attached agencies, ministries, provincial/municipal People's Committees, and central agencies of mass organizations to notify traders under their respective management of this Regulation's contents for implementation and, at the same time, report to the Trade Ministry on any problems arising in the course of implementation for sum-up and adjustment