What is the definition of export processing enterprise? What are regulations on documentation requirements, application processes and procedures for establishment of export processing enterprises in Vietnam?

What is the definition of export processing enterprise?

Pursuant to Clause 21 Article 3 of the Decree 35/2022/NĐ-CP stipulating as follows:

21. Export processing enterprise refers to an enterprise performing the export processing function in an export processing zone, industrial zone and economic zone.

What are regulations on documentation requirements, application processes and procedures for establishment of export processing enterprises in Vietnam?

Pursuant to Clause 1 Article 26 of the Decree 35/2022/NĐ-CP stipulating documentation requirements, application processes and procedures for establishment of export processing enterprises in Vietnam as follows:

a) Where the process for establishment of an export processing enterprise coincides with the process for grant of the investment registration certificate, the investor shall be required to submit the full text of commitment regarding its competence in conformance to customs inspection and supervision conditions under law on customs duties, together with application documents for grant of the investment registration certificate under law on investment. Investment registration agencies issuing investment registration certificates shall inscribe the objectives of establishment of an export processing enterprise on the investment registration certificate when issuing that investment registration certificate;

b) Where the process for establishment of the export processing enterprise does not coincide with the process for grant of the investment registration certificate, the investor must submit a set of application documents to the investment registration agency where the export processing enterprise is located. The set of application documents shall include the followings: documents on the investment project required by law on investment; the full text of the commitment regarding its competence in conformance to customs inspection and supervision conditions under law on customs duties. The investment registration agency shall grant the certificate of registration of the export processing enterprise to the investor within 03 working days of receipt of all required documents prescribed herein with respect to the investment projects that are not classified into the group of investment projects not subject to the requirements for grant of the investment registration certificate under law on investment;

c) With respect to the investment project of the investor of which the consent to the investment policy is required under law on investment, that investor must submit the commitment regarding its competence in conformance to customs inspection and supervision conditions under law on customs duties, together with the request documentation for consent to the investment policy for the investment project under law on investment.

The investment registration agency shall grant the certificate of registration of the export processing enterprise to the investor within 03 working days of receipt of the written consent to the investment policy if the investment project is not classified into the group of investment projects subject to the requirement concerning application for the investment registration certificate, or entry of objectives of establishment of the export processing enterprise in the investment registration certificate when granting the investment registration certificate under law on investment.

What are provisions on functions of an industrial park, export processing zone and economic zone authority in Vietnam?

Pursuant to Clause 1 Article 67 of the Decree 35/2022/NĐ-CP stipulating documentation functions of an industrial park, export processing zone and economic zone authority in Vietnam as follows:

1. Industrial park, export processing zone and economic zone authorities are agencies affiliated to the provincial People's Committees, which performs the functions of direct State management over industrial parks and economic zones located in provinces or centrally-affiliated cities in accordance with this Decree and other relevant legislation; which manages and organizes the provision of public administrative services and other supporting services related to investment, production and business activities for enterprises at industrial parks and economic zones.

In this Decree, they are collectively referred to as industrial park and economic zone authorities, unless otherwise prescribed by particular regulations applied to economic zone authorities.

Best regards!