THE
MINISTER OF INDUSTRY
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
|
No.
37/2007/QD-BCN
|
Hanoi,
August 7, 2007
|
DECISION
PROMULGATING
CONDITIONAL INVESTMENT DOMAINS AND INVESTMENT CONDITIONS IN INDUSTRIES
THE MINISTER OF INDUSTRY
Pursuant to the Governments
Decree No. 55/2003/ND-CP of May 28, 2003, defining the Junctions, tasks, powers
and organizational structure of the Ministry of Industry;
Pursuant to Articles 29, 31 and 82 of the 2005 Investment Law;
Pursuant to the Prime Ministers Notice No. 2189/TTg-QHQT of December 29, 2006;
On the basis of opinions of the Ministry of Planning and Investment (Official
Letter No. 2566/BKH-KTCN of April 16, 2007); the Ministry of Construction
(Official Letter No. 600/BXD-KHTK of March 29, 2007); the Ministry of Trade
(Official Letter No. 1782/TM-KHDT of March 30, 2007); the Ministry of Natural
Resources and Environment (Official Letter No. 1501/BTNMT-VP of April 20,
2007); and the Ministry of Justice (Official Letter No. 2922/BTP-PLDSKT of July
6, 2007);
At the proposal of the director of the Planning Department,
DECIDES:
Article 1. To promulgate
a List of conditional investment domains and investment conditions in
industries, enclosed in the Appendix to this Decision.
Article 2. This Decision
takes effect 15 days after its publication in CONG BAO.
Article 3. The director
of the Ministrys Office, the chief inspector of the
Ministry, directors of the Ministrys Departments,
presidents of provincial/ municipal Peoples Committees, and concerned
organizations and individuals shall implement this Decision.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
FOR
THE MINISTER OF INDUSTRY
VICE MINISTER
Bui Xuan Khu
LIST
OF
CONDITIONAL INVESTMENT DOMAINS AND INVESTMENT CONDITIONS IN INDUSTRIES
(Appendix to the Industry Ministrys Decision No.
37/2007/QD-BCN of August 7, 2007)
No.
Conditional investment domains
Kinds and sizes of projects
Investment conditions
1
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Electricity sources,
distribution grids, transformer stations, regardless of investment capital
sources, with investment of VND 1,500 billion or more
- Conforming to electricity
development plannings already approved by competent
authorities;
- Investment in projects not
yet included in plannings must be approved by the
Prime Minister
- Ensuring environmental
conditions as prescribed by law.
Transmission grids, regardless
of capital sources, with investment of VND 1,500 billion or more
- Conforming to electricity
development plannings already approved by competent
authorities;
- Investment in projects not
yet included in plannings must be approved by the
Prime Minister;
- Being state enterprises;
- Ensuring environmental
conditions as prescribed by law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Conforming to electricity
development plannings already approved by competent
authorities;
- Investment is approved by
the National Assembly;
- Being state enterprises;
- Ensuring environmental
conditions as prescribed by law.
Large and multi-purpose
hydroelectric projects, regardless of their capital sources
- Conforming to electricity
development plannings already approved by competent
authorities;
- Investment in projects not
yet included in plannings must be approved by the
Prime Minister;
- Being state enterprises;
- Ensuring environmental
conditions as prescribed by law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Conforming to electricity
development plannings already approved by competent
authorities;
- Projects not yet included in
plannings must be approved by the Prime Minister to
be added to plannings and invested;
- Ensuring environmental
conditions as prescribed by law.
2
Petroleum (Petroleum Law,
Decree No. 108/2006/ND-CP)
Prospecting, exploration,
exploitation and processing, regardless of capital sources and investment
- Conforming to petroleum
industry development plannings already approved by
competent authorities;
- Investment in projects not
yet included in plannings must be approved by the
Prime Minister;
- Ensuring environmental
conditions as prescribed by law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Conforming to petroleum
industry development plannings already approved by
competent authorities;
- Investment in projects not
yet included in plannings must be approved by the
Prime Minister;
- Ensuring environmental
conditions as prescribed by law.
Petroleum services
- Conforming to petroleum
industry development plannings already approved by
competent authorities;
- Investment in projects not
yet included in plannings must be approved by the
Prime Minister;
- Particularly for foreign
parties to a joint venture with a Vietnamese party, their contributed capital
portion must not exceed 49% upon joint-venture establishment and 51% 3 years
after the establishment. Two years later, they may establish a 100%
foreign-invested enterprise;
- Ensuring environmental
conditions as prescribed by law.
3
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Investment projects on
exploration or exploitation: regardless of their capital sources and
investment size
- Conforming to minerals
industry development plannings already approved by
competent authorities;
- Investment in projects not
yet included in plannings must be approved by the
Prime Minister;
- Ensuring environmental
conditions as prescribed by law.
Investment projects on
processing, regardless of their capital sources, with investment of VND 1,500
billion or more
- Conforming to minerals
industry development plannings already approved by
competent authorities;
- Investment in projects not
yet included in plannings must be approved by the
Prime Minister;
- Ensuring environmental
conditions as prescribed by law.
4
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Regardless of capital sources,
with investment of VND 1,500 billion or more
- Conforming to metallurgy
development plannings already approved by competent
authorities;
- Investment in projects not
yet included in plannings must be approved by the
Prime Minister;
- Ensuring environmental
conditions as prescribed by law.
5
Industrial explosives,
ammonium nitrate (NH4NO3) of a content of 98.5% or more (Decree No.
59/2006/ND-CP)
Production and business,
regardless of capital sources and investment size
- Conforming to industrial
explosive-industry development plannings already
approved by competent authorities;
- Investment in projects not
yet included in plannings must be approved by the
Prime Minister;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- The State holds 100% of
charter capital;
- Ensuring environmental
conditions as prescribed by law.
6
Toxic chemicals (Article 29 of
the Investment Law, Decree No. 68/2005/ND-CP)
Production and business,
regardless of capital sources and investment size
- Conforming to chemical
industry development plannings already approved by
competent authorities;
- Investment in projects not
yet included in plannings must be approved by
competent authorities;
- Having plans for prevention
and overcoming of chemical incidents approved by competent authorities;
- Ensuring environmental
conditions as prescribed by law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chemicals of Schedule 1
(Pursuant to Decree No. 68/2005/ND-CP and Decree No. 100/2005/ND-CP)
Production and business,
regardless of capital sources and investment size
Investment conditions are
prescribed in Articles 2 and 4 of Decree No. 100/2005/ND-CP, including:
- Investing only in research,
healthcare, pharmacy or protection against chemical weapons;
- Ensuring investment forms
and sizes according to Point a, Article 4 and Point a, Item 12 of Article 2;
- Ensuring investment
conditions according to Point b, Article 4, including the Prime Ministers
permission (in case of investment addition, adjustment or changes at existing
Schedule-1 chemical establishments, the Prime Ministers permission is also
required according to Point c of Article 4);
- Performing the declaration
obligation according to Item 2 of Article 4;
- Performing the verification
obligation according to Item 3 of Article 4;
- Ensuring environmental
conditions as prescribed by law.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chemicals of Schedule 2 and
Schedule 3 (Pursuant to Decree No. 68/2005/ND-CP and Decree No.
100/2005/ND-CP)
Production and business,
regardless of capital sources and investment size
Investment conditions are
prescribed in Articles 2, 6, 7 and 8 of Decree No. 100/2005/ND-CP, including:
- Ensuring investment for
permitted purposes defined in Item 11 of Article 2;
- Ensuring investment
conditions according to Point 1, Article 6, including the Industry Ministrys approval (in case of investment addition,
adjustment or changes at existing Schedule-2 or Schedule-3 chemical
establishments, the Industry Ministrys approval is
also required according to Item 2 of Article 6);
- Performing the declaration
obligation according to Article 7;
- Performing the verification
obligation according to Article 8;
- Ensuring environmental
conditions as prescribed by law.
9
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Production and business,
regardless of capital sources and investment size
Investment conditions are
prescribed in Articles 2, 10, 11 and 12 of Decree No. 100/2005/ND-CP,
including:
- Ensuring investment for
permitted purposes defined in Item 11 of Article 2;
- Ensuring investment
conditions according to Article 10;
- Performing the declaration
obligation according to Article 11;
- Performing the verification
obligation according to Article 12;
- Ensuring environmental
conditions as prescribed by law.
10
Processing of tobacco raw
materials (including fire-curing, stemming, cutting) (Pursuant to Article 29
of the Investment Law, Decree No. 59/2006/ND-CP, Decree No. 119/2007/ND-CP)
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Conforming to tobacco industry
plannings and strategies already approved by
competent authorities.
Investment in projects not
included in plannings must be approved by competent
authorities;
Having tobacco trade
eligibility certificates;
Ensuring environmental
conditions as prescribed by law.
11
Manufacture of cigarettes
(Pursuant to Article 29 of the Investment Law, Decree No. 59/2006/ND-CP,
Decree No. 119/2007/ND-CP and Decree No. 108/2006/ND-CP)
Regardless of capital sources
and investment size
Conforming to tobacco industry
plannings and strategies already approved by the
Prime Minister; investment in projects not included in plannings
must be approved by the Prime Minister;
Having manufactured tobacco
products before the promulgation of the Governments Resolution No.
12/2000/NQ-CP of August 14, 2000, on the national policy for prevention and
combat of tobacco harms in the 2000-2010 period;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The State holds dominant
shares in charter capital of enterprises;
Investing in raw materials
regions and using home-made tobacco raw materials under the approved planning
for development of tobacco raw materials regions, strategies and master plan
for development of the tobacco industry;
Having synchronous and
advanced equipment, ensuring labor safety and hygiene conditions, fire
prevention and fighting and environmental hygiene;
Ensuring hygiene requirements
for tobacco products under regulations of the Healthy Ministry, ensuring
tobacco product quality according to Vietnams quality standards;
Having the lawful ownership
over or right to use trademarks of tobacco products which are being protected
in Vietnam;