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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
118/2015/ND-CP
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Hanoi, November 12, 2015
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DECREE
GUIDELINES
FOR SOME ARTICLES OF THE LAW ON INVESTMENT
Pursuant to the Law on
Government organization dated December 25, 2001;
Pursuant to the Law on
Investment dated November 26, 2014;
Pursuant to the Law on Investment
dated November 26, 2014;
At the request of the Minister
of Planning and Investment,
The Government promulgates a
Decree to provide guidelines for some Articles of the Law on Investment
Chapter I
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Article 1. Scope and regulated
entities
1. This Decree elaborates and
provides guidelines for some Articles of the Law on Investment on application,
control, announcement of conditions for investment; measures for investment
assurance, investment incentives; investment procedures, execution of
investment projects, and management of investment by regulatory bodies.
2. This Decree applies to
investors, competent authorities, organizations, and individuals involved in
investment.
Article 2. Interpretation of
terms
In this Circular, the terms below
are construed as follows:
1. Valid copy means a copy
extracted from the master register or a copy authenticated by a competent
authority, or a copy that has been compared with the original, or a copy
printed from the national database about residents, enterprise registration,
and investment.
2. Vietnam’s WTO Schedule of
specific commitments in services (hereinafter referred to as “Vietnam’s WTO Schedule of commitments”) means the document No. WT/ACC/48/Add.2 dated
October 27, 2006 of the Working Party on the Accession of Vietnam, including
general commitments, commitments of sectors and sub-sectors, and list of MFN
exemptions.
3. National Foreign Investment Web
Portal means the web portal used to follow procedures for issuance, adjustment
of the Investment Registration Certificate; posting and updating legislative
documents, policies, investment conditions applied to foreign investors;
updating and accessing information about investment promotion and foreign
investment in Vietnam.
4. National Foreign Investment
Database means a collection of information about foreign investment projects
nationwide that is stored and managed in the National Foreign Investment
Information System.
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6. Investment conditions applied to
foreign investors are conditions that foreign investors must satisfy before
making investment in the business lines subject to conditions applied to
foreign investors specified in relevant Laws, Ordinances, Decrees, and
international agreements on investment. Investment conditions applied to
foreign investors are applied in the following cases:
a) Investment in establishment of a
business organization;
b) Investment in the form of
capital contribution, purchase of shares/stakes in a business organization;
c) Investment in the form of a
business cooperation contract;
d) Receipt of an investment
project;
dd) Change or addition of business
lines of a foreign-invested business organization.
7. Investment conditions are
conditions that every organization and individual must satisfy when making
investment in the business lines specified in Appendix 4 of the Law on Investment
according to relevant Laws, Ordinances, Decrees, and international agreements.
8. International agreement on
investment means an agreement to which Socialist Republic of Vietnam is a
signatory which specifies rights and obligations of Socialist Republic of
Vietnam to investment by investors from the nations that are signatories of the
agreement. Such agreements include:
a) Protocol on the accession of the
Socialist Republic of Vietnam to WTO dated November 07, 2006;
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c) Other free trade agreements and
regional economic integration agreements;
d) Other international agreements
specifying rights and obligations of Socialist Republic of Vietnam to
investment.
9. National Foreign Investment
Information System is a system used for issuing, adjusting, revoking Investment
Registration Certificates; sending, receiving, storing, displaying data to
serve management of foreign investment by the State. National Foreign
Investment Information System consists of: National Foreign Investment Web
Portal, National Foreign Investment Database, National Investment Promotion
Database, and infrastructure system.
10. Application for investment
registration means an application compiled by an investor for issuance,
adjustment, revocation of the Investment Registration Certificate, decision on
investment guidelines, and following other investment procedures prescribed by
the Law on Investment and this Decree.
11. A valid application means an
application that contains sufficient documents specified in the Law on
Investment, this Decree, and such documents contain sufficient information as
prescribed by law.
12. The Law on Investment means the
Law No. 67/2014/QH13 ratified by the National Assembly of the Socialist
Republic of Vietnam on November 26, 2014.
13. The Law on Investment 2005
means the Law No. 59/2005/QH11 ratified by the National Assembly of the
Socialist Republic of Vietnam on November 29, 2005.
14. Sectors and sub-sectors
excluded from commitments are those specified in Vietnam’s WTO Schedule of
commitments and other international agreements on investment in which the
Socialist Republic of Vietnam is entitled to regulate or not to regulate
investment conditions, or prohibit foreign investors from making investments in
such sectors and sub-sectors of services.
15. Investment capital of a project
means the capital contributed by the investor and capital raised by the
investor to execute the investment project written on the decision on
investment guidelines and/or Investment Registration Certificate.
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Article 3. Assurance of
investment when law is change
1. Where a new legislative document
promulgated by a competent authority changes investment incentives that have
been applied to investors before such document comes into force, investors
shall have their investment incentives guaranteed in accordance with Article 13
of the Law on Investment.
2. Guaranteed investment incentives
mentioned in Clause 1 of this Article are incentives to which an investor is
entitled according to legislative documents applicable before the effective
date of the new legislative document, including:
a) Investment incentives specified
in an Investment License, Business License, Investment Incentive Certificate,
Investment Certificate, Investment Registration Certificate, decision on
investment guidelines, or other documents issued by a competent authority;
b) Investment incentives to which
the investor is entitled as prescribed by law other than those specified in
Point a of this Clause.
3. When an investment assurance
measure is needed as prescribed in Clause 4 Article 13 of the Law on
Investment, the investor shall submit a written request to the investment
registration authority together with the Investment License, Business License,
Investment Incentive Certificate, Investment Certificate, Investment
Registration Certificate, decision on investment guidelines, or other documents
issued by a competent authority which specifies investment incentives (if any).
The written request shall contain:
a) Name and address of the
investor;
b) The investment incentives
applicable before the effective date of the new legislative document,
including: Types of incentives, conditions for receiving incentives, levels of
incentives (if any);
b) The content of the new
legislative document which changes the investment incentives mentioned in Point
b of this Clause;
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4. The investment registration
authority shall decide the implementation of investment incentive assurance
measure within 30 days from the receipt of the valid application as set out in
Clause 3 of this Article. The investment registration authority shall submit
the cases beyond its competence to competent authority.
Article 4. Language of
application for investment registration
1. The language of the application
for investment registration, documents, and reports submitted to a competent
authority shall be Vietnamese.
2. If the application has a
document in a foreign language, the investor must enclose a valid Vietnamese
translation to such document.
3. If a document in the application
is written in both Vietnamese and a foreign language, the Vietnamese version
shall be used to implement investment procedures.
4. The investor is responsible for
any discrepancy between the translation or copy and the original, and between
the copy in Vietnamese version and foreign language version.
Article 5. Codes of investment
project
1. A code of an investment project
is a 10-digit number automatically generated by National Foreign Investment
Information System and written on the Investment Registration Certificate.
2. Each investment project has a
single code which remains unchanged throughout the operation of the project and
must not be given to another project. The code of an investment project expires
when the investment project is shut down.
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4. Competent authority shall use
codes of investment projects uniformly to manage and exchange information about
investment projects.
Article 6. Rules for following
investment procedures
1. When receiving an application
for investment registration and resolving investment procedures, the investment
registration authority shall assess the validity of the application. The
investor is legally responsible for the legitimacy, accuracy, truthfulness of
the application for investment registration and documents submitted to the
competent authority.
2. The investment registration
authority must not require the investor to submit any documents together with
the application for investment registration other than those specified in the
Law on Investment and this Decree.
3. When an application for
investment registration needs to be supplemented, the investment registration
authority shall send a written notification of necessary supplementations to
the investor (applicant). The notification must specify the supplementations
and reasons.
4. While following administrative
procedures for investment, the enquired agencies shall make comments about the
investment project by the deadline specified in the Law on Investment and this
Decree. If an agency does not make any comments by the deadline, it is
considered that it concurs with the content of the investment project under its
management.
5. The competent authority shall
send a written notification to the investor and provide explanation if the
application for issuance/adjustment of the decision on investment guidelines,
Investment Registration Certificate, or other investment procedures is rejected
according to the Law on Investment and this Decree.
6. The investment registration authority
and other regulatory bodies shall not settle disputes among investors and
between investors and relevant entities during the course of investments.
Article 7. Addressing
inaccurate, fraudulent documents
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2. If there are grounds to
determine that an investor use fraudulent documents in the application for
issuance or adjustment of the Investment Registration Certificate, the
investment registration authority shall make a notification of the investor’s
violations and invalidate the Investment Registration Certificate or cancel the
adjustments to the Investment Registration Certificate which are based on
fraudulent information and restore the original Investment Registration
Certificate based on the latest valid application, and notify a competent authority.
3. The investor is responsible for
the damage caused by provision of incorrect information or use of fraudulent
documents.
Chapter II
BUSINESS LINES
Section 1. IMPLEMENTATION OF REGULATIONS
ON BUSINESS LINES BANNED FROM INVESTMENT AND BUSINESS LINES SUBJECT TO
CONDITIONS
Article 8. Implementation of
regulations on business lines banned from investment
1. Organizations and individuals
must not make investment in the business lines specified in Article 6 and
Appendix 1 through 3 of the Law on Investment.
2. The manufacturing, use of
products specified in Appendix 1 through 3 of the Law on Investment for
analysis, testing, scientific study, healthcare, manufacture of pharmaceutical
products, criminal investigation, national defense and security are specified
below:
a) Permission for production and
use of narcotic substances specified in Appendix 1 of the Law on Investment are
specified in regulations of the Government on the list of narcotic substances
and precursors, Single Convention on Narcotic Drugs 1961, and United Nations
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances 1988;
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c) Permission for the use of
specimens of wild flora and fauna specified in Appendix 3 of the Law on
Investment is specified in regulations of the Government on management of rare,
endangered wild flora and fauna, and Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES).
Article 9. Implementation of
regulations on business lines subject to conditions and investment conditions
1. Individuals and business
organizations may make investment in the business lines subject to conditions
specified in Appendix 4 of the Law on Investment if all conditions are
fulfilled and the fulfillment of such conditions is maintained throughout the
course of business.
2. Investment conditions include:
a) License;
b) Certificate of eligibility;
c) Practising certificate;
d) Certificate of professional
liability insurance;
dd) Written certification;
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g) Conditions that must be
fulfilled to make investment without the written certification or approval
specified in Point a through e of this Clause.
3. Every individual or organization
that fulfills investment conditions is entitled to the documents specified in
Point a through e Clause 2 of this Article (hereinafter referred to as
licenses) or to make investment and do business when the conditions specified
in Point g Clause 2 of this Article are fulfilled. If the issuance, renewal,
adjustment, or supplementation of a license is rejected, the competent
authority must send a written notification to the applicant and provide
explanation.
4. While following administrative
procedures for issuance of a license or fulfilling the conditions specified in
Point g Clause 2 of this Article, it is not required to write the business
lines subject to conditions on the Certificate of Enterprise Registration.
Article 10. Implementation of
regulations on investment conditions applied to foreign investors
1. Investment conditions applied to
foreign investors mentioned in Clause 6 Article 2 of this Decree include:
a) Ratio of the foreign investor’s
charter capital in a business organization;
b) Investment method;
d) Scope of investment;
d) Vietnamese partners
participating in the investment;
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2. Rules for applying investment conditions
to foreign investors
a) A foreign investor that makes
investment in various business lines must fulfill all conditions applied to
these business lines;
b) A foreign investor that is
regulated by international agreements on investment that provide for different
investment conditions may apply the investment conditions provided for in one
of such international agreements and must fulfill the foreign investor’s rights
and obligations under the selected international agreement.
c) With regard to sectors and
sub-sectors excluded from commitments or not specified in Vietnam’s WTO
Schedule of commitments and other international agreements on investment, if
investment conditions applied to foreign investors are already provided for in
Vietnam’s law, such Vietnam’s law shall apply;
d) Where a foreign investor in a
territory that is not a WTO member makes investment in Vietnam, such investor
shall apply the same investment conditions as investors in WTO members, unless
otherwise prescribed by law and international agreements between Vietnam and
such WTO members;
dd) With regard to sectors and
sub-sectors excluded from commitments or not specified in Vietnam’s WTO
Schedule of commitments and other international agreements on investment, if
investment conditions applied to foreign investors are also not provided for in
Vietnam’s law, the investment registration authority shall consult with the
Ministry of Planning and Investment and relevant Ministries;
e) Where a foreign investor
permitted to make investment in the service sectors and sub-sectors specified
in Point dd of this Clause and they have been posted on National Foreign
Investment Web Portal specified in Article 13 of this Decree, the investment
registration authority shall consider deciding foreign investors’ investment in
the same business lines without consulting with Ministries.
Article 11. Application of
investment conditions and procedures to investors holding both Vietnamese and
foreign nationality
1. With regard to investments made
in Vietnam, an investor holding both Vietnamese and foreign nationality may
decide whether to apply investment conditions and procedures applied to
Vietnamese investors or foreign investors.
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Section 2. CONTROL AND
PUBLISHING OF INVESTMENT CONDITIONS AND INVESTMENT CONDITIONS APPLIED TO
FOREIGN INVESTORS
Article 12. Publishing of
investment conditions
1. The Ministry of Planning and
Investment shall take charge and cooperate with other Ministries and
ministerial agencies in reviewing and aggregating investment conditions to be
published on National Enterprise Registration Portal.
2. Investment conditions to be
published as set out in Clause 1 of this Article include:
a) The business lines subject to
conditions specified in Appendix 4 of the Law on Investment;
b) The basis for applying
investment conditions to the business lines specified in Point a of this
Clause;
c) Conditions that must be
fulfilled to make investment specified in Clause 2 Article 9 of this Decree.
3. Where investment conditions are
changed according to a Law, Ordinance, or Decree, they shall be updated as
follows:
a) Within 05 working days from the
day on which the Law, Ordinance, or Decree is promulgated, the relevant
Ministry or ministerial agency shall send a written request for update of
investment conditions on National Enterprise Registration Portal to the
Ministry of Planning and Investment;
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Article 13. Publishing of
investment conditions applied to foreign investors
1. The Ministry of Planning and
Investment shall take charge and cooperate with other Ministries and
ministerial agencies in reviewing and aggregating investment conditions applied
to foreign investors according to Laws, Ordinances, Decrees, and international
agreements on investors, and sectors and sub-sectors specified in Point e
Clause 2 Article 10 of Decree in order to publish them on National Foreign
Investment Web Portal.
2. Investment conditions applied to
foreign investors to be published as set out in Clause 1 of this Article
include:
a) Business lines subject to
conditions applied to foreign investors;
b) Basis for application for investment
registration to foreign investors;
c) Contents of investment
conditions applied to foreign investors as set out in Clause 1 Article 10 of
this Decree;
d) The sectors and sub-sectors
specified in Point e Clause 2 Article 10 of this Decree.
3. The Investment conditions
specified in Clause 2 of this Article shall be updated in the following cases:
a) Investment conditions applied to
foreign investors are changed according to a Law, Ordinance, Decree, or
international agreement on investment;
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4. The updates mentioned in Clause
3 of this Article shall be published on National Foreign Investment Web Portal
following the procedures specified in Clause 3 Article 12 of this Decree.
Article 14. Proposal for changes
or addition of business lines subject to conditions and investment conditions
1. In consideration of
socio-economic development, state management requirements at that time, and
international agreements on investment, Ministries and ministerial agencies
shall submit proposals for changes or addition of business lines subject to
conditions or investment conditions to the Government.
2. Apart from regulations of law on
promulgation of legislative documents the proposal for changes or addition of
business lines subject to conditions or investment conditions shall specify:
a) The business lines subject to
conditions or investment conditions to be changed or added;
b) Necessity, purpose of the
changes or addition of business lines subject to conditions or investment
conditions according to Clause 1, Clause 3, and Clause 4 Article 7 of the Law
on Investment;
c) The basis for the changes or
addition of business lines subject to conditions or investment conditions, and
subjects of such conditions;
d) The rationality, feasibility of
the changes or addition of business lines subject to conditions or investment
conditions, and conformity with international agreements on investment;
dd) Assessment of impacts of the
changes or addition of business lines subject to conditions or investment
conditions on state management works and investment by the subjects of such
conditions.
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Article 15. Review, assessment
of implementation of regulations on business lines subject to conditions
1. Annually and on demand,
Ministries and ministerial agencies shall review, assess the implementation of
regulations on business lines subject to conditions and investment conditions
under their management.
2. Review and assessment content:
a) Assess the implementation of
regulations of law on to business lines subject to conditions and investment
conditions under their management at the time of review, assessment;
b) Assess the impacts and
effectiveness of regulations on business lines subject to conditions and
investment conditions; difficulties that arise during the course of implementation;
c) Assess the socio-economic
changes, technological changes, management requirements, and other conditions
that affect the implementation of regulations on business lines subject to
conditions and investment conditions (if any);
d) Propose amendments to
regulations on business lines subject to conditions and investment conditions
(if any);
3. Ministries and ministerial
agencies shall send their proposals to the Ministry of Planning and Investment
for consolidation and reporting to the Prime Minister.
Chapter III
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Section 1. INVESTMENT INCENTIVES
Article 16. Entities eligible
for investment incentives and rules for applying investment incentives
1. The entities eligible for
investment incentives specified in Clause 2 Article 15 and Article 16 of the
Law on Investment include:
a) Investment projects in business
lines eligible for investment incentives or special investment incentives
specified in Appendix I of this Decree;
b) Investment projects in disadvantaged
areas or extremely disadvantaged areas specified in Appendix II of this Decree;
c) Any investment project whose
capital is VND 6,000 billion or over, at least VND 6,000 billion is disbursed
within 03 years from the issuance date of the Investment Registration
Certificate or the decision on investment guidelines (if the project is not
required to obtain an Investment Registration Certificate);
d) Any investment project in a
rural area which employs 500 workers or more (not including part-time workers and
workers whose employment contracts are shorter than 12 months);
dd) High technology enterprises,
science and technology enterprises, science and technology organizations
defined by regulations of law on high technology, science and technology.
2. Rules for applying investment
incentives:
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b) Investment projects specified in
Point d Clause 1 of this Article are eligible for the same investment
incentives as investment projects in disadvantaged areas;
C) Investment projects in business
lines eligible for investment incentives in disadvantaged areas are eligible
for the same investment incentives as investment projects in extremely
disadvantaged areas;
d) an investment project that is
eligible for various levels of investment incentive may apply the highest
level;
dd) Corporate income tax (CIT)
incentives for investment projects in industrial parks, export-processing zones
specified in Section 55 of Appendix II to this Decree shall comply with
regulations of law on CIT;
e) Land rent incentives in
industrial parks, export-processing zones specified in Section 55 of Appendix
II to this Decree do not apply to investment projects in industrial parks and
export-processing zones in urban districts of special class and class I central
affiliated cities, and class I provincial cities.
Article 17. Procedures for
applying investment incentives
1. Investment incentives written on
an Investment Registration Certificate or decision on investment guidelines
include:
a) The entity eligible for
investment incentives as set out in Article 16 of this Decree;
b) The basis for application of
investment incentives according to regulations of law on taxes and land.
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3. Investors in projects other than
those specified in Clause 2 of this Article shall determine their investment
incentives and follow procedures for receiving investment incentives at
incentive-applying authorities according to Clause 1 Article 16 of this Decree
and relevant regulations of law.
4. Investment incentives are
adjusted in the following cases:
a) Where an investment project
satisfies conditions for receiving additional investment incentives, the
investor shall receive them for the remaining incentive period;
b) The investor shall not receive
incentives written on the Investment Registration Certificate or decision on
investment guidelines if the project fails to satisfy conditions for investment
incentives specified in the Investment Registration Certificate or decision on investment
guidelines. Where the project satisfies conditions for other investment
incentives, the investor shall receive such incentives;
c) Where an investment project
fails to satisfy conditions for investment incentives for a certain period of
time, the investor shall not receive such incentives over such period.
5. A new business organization or a
business organization executing an investment project derived from a corporate
conversion, ownership transfer, division, acquisition, consolidation, or
investment project transfer shall inherit the investment incentives to which
the investment project is entitled before the conversion, division,
acquisition, consolidation, or transfer.
Section 2. INVESTMENT ASSISTANCE FOR INDUSTRIAL PARKS, EXPORT-PROCESSING ZONES, HI-TECH ZONES, ECONOMIC ZONES
Article 18. Assistance in
construction of infrastructure of industrial parks and export-processing zones
1. The scope, subjects, principles,
criteria, limits of investment assistance from central government budget for construction
of infrastructure of industrial parks and export-processing zones in
disadvantaged areas or extremely disadvantaged areas shall comply with the
applicable Industrial Park Infrastructure Investment Target Program.
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Article 19. Assistance in
development technical and social infrastructure of economic zones and hi-tech
zones
1. State budget shall provide
funding for assistance in:
a) Development of technical and
social infrastructure in hi-tech zones; development of technical and social
infrastructure, and important public facilities in economic zone;
b) Land clearance and compensation,
demining in hi-tech zones and specialized areas of economic zones;
c) Land clearance and compensation,
construction of technical and social infrastructure of housing areas for
workers and relocation areas for people whose land in economic zones and
hi-tech zones is withdrawn;
d) Investor in construction of
concentrated solid waste treatment zone and concentrated sewage treatment
systems that meet environmental standards of hi-tech zones and specialized
areas in economic zones.
2. Apart from the types of
assistances specified in Clause 1 of this Article, hi-tech zones shall receive
other incentives for investment in development of technical infrastructure as
specified in regulations of law on hi-tech zones.
3. The Prime Minister shall decide
policies on development of housing in hi-tech zones.
Article 20. Investment in
technical infrastructure in industrial parks and export-processing zones
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2. With regard to a disadvantaged
area, depending on its conditions, the People’s Committee of the province shall
request the Prime Minister to establish or appoint a revenue-earning public
service agency as an investor in the project for construction and operation of
technical infrastructure or the industrial park or export-processing zone.
Chapter IV
MAKING INVESTMENT
Section 1. GENERAL REGULATIONS
ON EXECUTION OF INVESTMENT PROJECTS
Article 21. Responsibility to
publish and provide information about investment projects
1. Investment registration
authorities, planning, resources, and environment authorities, and other
regulatory bodies shall make publicly available the planning and list of
investment projects in accordance with law.
2. Where an investor requests
information about the planning or list of investment project and other information
related to investment projects, the authorities mentioned in Clause 1 of this
Article shall provide information within their competence for such investor
within 05 working days from the receipt of the investor’s request.
3. Investors are entitled to use
information mentioned in Clause 1 and Clause 2 of this Article to compile their
investment applications.
Article 22. Procedures for
execution of investment projects
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a) Obtain a decision on investment
guidelines, Investment Registration Certificate in accordance with the Law on
Investment and this Decree;
b) Establish a business
organization according to Article 44 of this Decree (for foreign investors
making investment by establishing business organizations);
c) Follow procedures for land
allocation, land lease/sublease, land repurposing in accordance with
regulations of law on land (if any);
d) Follow construction procedures
in accordance with regulations of law on construction (if any).
2. The investor that is the
successful bidder for the land use right or for an investment project using
land shall execute the investment project in accordance with the decision on
approval for bidding result or decision on approval of investor selection
result and regulations of law on investment, construction, and relevant
regulations of law without having to obtain a decision on investment
guidelines.
Article 23. Following investment
procedures on National Foreign Investment Information System
1. Before following procedures for
issuance or adjustment of the Investment Registration Certificate, the investor
shall provide information about the investment project on National Foreign
Investment Information System. Within 15 days from the day on which information
is provided, the investor shall submit an application for issuance or
adjustment of the Investment Registration Certificate to the investment
registration authority.
2. After the application is
received by the investment registration authority, the investor shall be given
an account to access National Foreign Investment Information System to monitor
the application processing.
3. The investment registration
authority shall use National Foreign Investment Information System to receive,
process applications, and return results, update the processing, and issue
project codes.
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a) The investment registration
authority shall receive the physical application and request the Ministry of
Planning and Investment to issue a code to the investment project. Within 02
days from the day on which the request is received, the Ministry of Planning
and Investment shall issue the project code and notify the investment
registration authority;
b) Within 05 days from the day on
which the Investment Registration Certificate is issued under the backup
procedures, the investment registration authority shall update information
about the project on National Foreign Investment Information System.
Article 24. Mechanism for
cooperating in resolving procedures for investment and enterprise registration
for foreign investors
1. Apart from procedures for
issuance of the Investment Registration Certificate and enterprise registration
specified in the Law on Investment, this Decree, and regulations of law on
enterprises, foreign investors may follow these procedures at a single unit in
the following order:
a) The investor shall the
application for investment registration and application for enterprise
registration to the investment registration authority;
b) Within 01 working days from the
day on the applications are received, the investment registration authority
shall send the application for enterprise registration to the business
registration authority;
c) Within 02 working days from the
day on the application for enterprise registration is received, the business
registration authority shall assess its validity and send a notification to the
investment registration authority;
d) If the application for
investment registration or application for enterprise registration needs
adjusting or supplementing, the investment registration authority shall send a
single notification to the investor within 05 working days from the day on
which the applications are received;
dd) Accordin8g to the application
for investment conditions and application for enterprise registration received,
the investment registration authority and business registration authority shall
cooperate in processing them and return the result to the investor at the
investment registration authority.
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Article 25. Procedures for
obtaining opinions about investment projects required to have decisions on
investment guidelines
1. During the process of assessing
a project before issuing a decision on investment guidelines, the Ministry of
Planning and Investment and the investment registration authority shall consult
with other competent authorities about the content of the projects under their
management. 2. A competent authority shall not reconsider the issues appraised
and approved previously by other competent authorities.
3. If the project is intended to be
executed against the planning approved by a competent authority, the investment
registration authority shall consult with the planning authority in order to
request a decision on investment guidelines.
4. With regard to projects of
foreign investors that use land in islands, bordering communes, or coastal
communes which are subject to decision on investment guidelines for the
People’s Committee of the provinces, the investment registration authority
shall consult with relevant authorities in accordance with regulations of law
on land while following procedures for obtaining the decision on investment
guidelines, except for investment projects in industrial parks,
export-processing zones, hi-tech zones, economic zones that are conformable
with planning approved by competent authority.
Article 26. Procedures for
execution of investment projects
1. During the process of execution
of an investment project, the investor shall comply with regulations of law on
investment, construction, land, environmental protection, employment, and
relevant regulations of law.
2. With regard to an investment
project executed under the Investment Registration Certificate or decision on
investment guidelines, the investor shall execute it in accordance with the
Investment Registration Certificate or decision on investment guidelines and
relevant regulations of law.
3. The investor shall report
investment activities in accordance with the Law on Investment, this Decree,
and relevant regulations of law; provide documents and information related to
investment inspection and supervision for competent authorities as prescribed
by law.
Article 27. Performance security
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a) The investor is the successful
bidder for land use right to execute the investment project and receives levied
land from the State or leases land from the State and pay a lump sum rent for
the entire lease term;
b) The investor is a successful
bidder for an investment project using land according to regulations of law on
bidding;
c) The investor receives land or
lease land from the State on the basis of transfer of an investment project has
paid the deposit of completely contributed capital and/or raised capital
according to the schedule specified in the Investment Registration Certificate
or decision on investment guidelines;
d) The investor receives land or
leases land from the State to execute an investment project on the basis of
receipt of land use right or property on land of another land user;
dd) The investor is a
revenue-earning public service agency, a hi-tech zone development company
established under a decision of a competent authority to execute investment
projects that receive land or lease land from the State to develop
infrastructure of industrial parks, export-processing zones, hi-tech zones,
specialized areas in economic zones.
2. The deposit mentioned in Clause
1 of this Article shall be paid under a written agreement between the
investment registration authority and the investor after a decision on
investment guidelines is issued and before the time of land transfer, land
lease, or land repurposing. If the investment project is not required to have a
decision on investment guidelines, the time for paying the deposit is the time
of land transfer, land lease, or land repurposing.
3. The deposit is a progressive
percentage of the project capital written on the decision on investment
guidelines or Investment Registration Certificate. To be specific:
a) If the capital does not exceed
VND 300 billion, the deposit is 3%;
b) The deposit on the amount of
capital in surplus of VND 300 billion but not exceeding VND 1,000 billion is
2%;
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4. Capital of the project mentioned
in Clause 3 of this Article does not include land levy or land rent payable to
the State and the cost of construction of public works of the project. If the
project receives land or leases land from the State in stages, the deposit
shall depend on the capital of the project in each stage.
5. The deposit shall be paid to the
account of the investment registration authority a Vietnamese commercial bank
selected by the investor. The investor shall incur the cost of opening,
maintaining the deposit account, and making transactions related to the deposit
account.
6. The investor shall receive a deposit
reduction in the following cases:
a) 25% reduction of deposit for
investment projects in business lines eligible for investment incentives;
investment projects in disadvantaged areas, investment projects in industrial parks
and export-processing zones, including projects for construction and operation
of infrastructure in industrial parks and export-processing zones;
b) 50% reduction of deposit for
investment projects in business lines eligible for special investment incentives;
investment projects in extremely disadvantaged areas, investment projects in
business lines eligible for investment incentives located in disadvantaged
areas; investment projects in hi-tech zones and economic zones, including
projects for construction and operation of infrastructure in hi-tech zones and
economic zones;
7. The investor that has advanced
the payment for land clearance and relocation may delay paying the amount of
deposit equal to the advance payment for land clearance and relocation.
8. The investor shall receive
refund of the deposit as follows:
a) 50% of the deposit shall be
returned when the investor completes procedures for land transfer, land lease,
or land repurposing and obtain other licenses/approvals to commence the construction
(if any) according to the schedule on the Investment Registration Certificate
or decision on investment guidelines;
b) The remaining deposit and
interest on which (if any) shall be returned when the investor accepts the
construction and installation for the project to be inaugurated according to
the schedule on the Investment Registration Certificate or decision on
investment guidelines;
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d) Where the execution of an
investment project cannot be continued because of a force majeure event or on
account of a competent authority while following administrative procedures, the
investor may claim the refund of the deposit under an agreement of the
investment registration authority.
9. The deposit shall be transferred
to state budget except for the cases specified in Clause 8 of this Article.
10. Where adjustments to an
investment project also change the deposit conditions, the investment
registration authority and the investor shall reach an agreement on deposit
adjustment in accordance with provisions of this Article.
Section 2. PROCEDURES FOR
ISSUANCE OF DECISION ON INVESTMENT GUIDELINES, INVESTMENT REGISTRATION
CERTIFICATE
Article 28. The power to receive
applications, issue, adjust, and revoke Investment Registration Certificates
1. The Department of Planning and
Investment of each province shall receive applications, issue, adjust, and
revoke Investment Registration Certificates of:
a) Investment projects outside
industrial parks, export-processing zones, hi-tech zones, and economic zones;
b) Projects of investment in
development of infrastructure of industrial parks, export-processing zones,
hi-tech zones, and investment projects in industrial parks, export-processing
zones, and hi-tech zones in areas without management boards of industrial
parks, export-processing zones, and hi-tech zones.
2. Management boards of industrial
parks, export-processing zones, hi-tech zones, and economic zones shall receive
applications, issue, adjust, revoke Investment Registration Certificates of
investment projects therein, including:
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b) Investment projects executed
within industrial parks, export-processing zones, hi-tech zones, and economic
zones.
3. The Department of Planning and
Investment of the province in which the investor’s premises or offices are
located or intended to be located shall receive applications, issue, adjust,
revoke Investment Registration Certificates of:
a) Any investment project that is
executed in more than one province;
b) Any investment project executed
both inside and outside an industrial park, export-processing zone, hi-tech
zone, or economic zone.
4. The authorities specified in
Clause 1 through 3 of this Article have the power to adjust and revoke the
Investment Licenses, Investment Incentive Certificates, Investment
Certificates, and equivalent documents issued to investors before the effective
date of the Law on Investment.
Article 29. Procedures for
issuance of Investment Registration Certificate to investment project that is
not required to have a decision on investment guidelines
1. The investor shall submit 01
application for investment registration specified in Clause 1 Article 33 to the
investment registration authority.
2. If the investment project is
being executed, the project proposal in the application mentioned in Clause 1
of this Article shall be replaced with a report on project execution for the
period from the beginning of the project execution to the submission of the
application for the Investment Registration Certificate.
3. The investment registration
authority shall issue the Investment Registration Certificate within 15 days
from the receipt of the valid application as set out in Clause 1 of this Article
if the conditions below are satisfied:
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b) The project satisfied conditions
applied to foreign investors specified in Clause 1 Article 10 of this Decree
(if any).
Article 30. Procedures for
issuance of Investment Registration Certificates to investment projects whose
decisions on investment guidelines are issued by the People’s Committees of
provinces
1. Investment projects whose decisions
on investment guidelines are issued by the People’s Committees of provinces are
specified in Article 32 of the Law on Investment.
2. The investor shall submit 04
sets of application for investment registration specified in Clause 1 Article
33 of the Law on Investment to the investment registration authority of the
administrative division in which the project is intended to be located.
3. The investment registration
authority shall consult with other competent authorities about the content of
the project under their management, including:
a) Conformity of the project with
overall planning for socio-economic development, sector development planning,
and land-use planning;
b) Land use demand, conditions for
land transfer, land lease, land repurposing (if the project receives or leases
land from the State, or is permitted to repurpose land);
c) Investment conditions applied to
foreign investors (if the project involves multiple business lines subject to
conditions applied to foreign investors);
d) Investment incentives and
conditions for receiving them (if the project is eligible for such investment
incentives);
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4. Procedures and content of
decisions on investment guidelines issued by the People’s Committees of
provinces are specified in Clause 2 through 8 Article 33 of the Law on Investment.
5. Within 25 days from the receipt
of the valid application as set out in Clause 2 of this Article, the investment
registration authority shall make and submit a review report to the People’s
Committee of the province. Within 07 working days the receipt of the review
report, the People’s Committee of the province shall consider issuing the
decision on investment guidelines.
6. Within 05 working days from the
receipt of the decision on investment guidelines from the People’s Committee of
the province, the investment registration authority shall issue the Investment
Registration Certificate to the investor.
7. With regard to a project that
receives land or leases land from the State without bidding, receives a land
use right or property on land, or requires land repurposing specified in Point
a Clause 1 Article 32 of the Law on Investment and is executed in an industrial
park, export-processing zone, hi-tech zone, or economic zone in conformity with
the planning approved by a competent authority, the investment registration
authority shall consult with relevant authorities in order to issue the
Investment Registration Certificate within 25 days from the day on which the
valid application is received without having to request the People’s Committee
of the province to issue a decision on investment guidelines.
Article 31. Procedures for
issuance of Investment Registration Certificates to investment projects whose
decisions on investment guidelines are issued by the Prime Minister
1. Investment projects whose decisions
on investment guidelines are issued by the Prime Minister are specified in
Article 31 of the Law on Investment.
2. The investor shall submit 08
sets of application for investment conditions specified in Clause 1 Article 34
of the Law on Investment to the investment registration authority of the
administrative division in which the project is intended to be located.
3. Within 03 working days from the
receipt of the valid application as set out in Clause 2 of this Article, the
investment registration authority shall send 02 sets to the Ministry of
Planning and Investment and one set to each competent authority related to the
investment project to receive comments about the issues specified in Clause 3
Article 30 of this Article.
4. Within 15 days from the day on
which the request of the investment registration authority is received, the
authorities mentioned in Clause 3 of this Article shall send the Ministry of
Planning and Investment their comments about the issues within their
management.
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b) Land use demand, conditions for
land transfer, land lease, land repurposing (if the project receives or leases
land from the State, or is permitted to repurpose land);
b) Plan for land clearance,
relocation (if any) if the project receives or leases land from the State, or
is permitted to repurpose land;
c) Other issues within the
competence of the People’s Committee of the province (if any).
6. Within 15 days from the receipt
of the comments from the People’s Committee of the province, the Ministry of
Planning and Investment shall make and submit a review report which contains
the information specified in Clause 6 Article 33 of the Law on Investment to
the Prime Minister for issuance of a decision on investment guidelines.
7. Within 07 working days the
receipt of the review report, the Ministry of Planning and Investment and the
Prime Minister shall issue a decision on investment guidelines which contain
the information specified in Clause 8 Article 33 of the Law on Investment. The
decision on investment guidelines shall be sent to the Ministry of Planning and
Investment, the People’s Committee of the province, and the investment
registration authority.
8. Within 05 working days from the
receipt of the decision on investment guidelines, the investment registration
authority shall issue the Investment Registration Certificate to the investor.
9. With regard to an investment
project whose capital is VND 5,000 billion or over as specified in Clause 2
Article 31 of the Law on Investment and is conformable with planning approved
by a competent authority, the investment registration authority shall consult
with the Ministry of Planning and Investment and relevant authorities as set
out in Clause 3 Article 30 of this Decree in order to issue the Investment
Registration Certificate as follows:
a) With regard to an investment
project specified in Clause 1 and Clause 3 Article 28 of this Decree, within 05
working days from the receipt of comments from the Ministry of Planning and
Investment and relevant authorities, the investment registration authority
shall make and submit a review report to the People’s Committee of the province
for issuance of a decision on investment guidelines. Within 05 working days
from the receipt of review report from the investment registration authority,
the People’s Committee of the province shall issue the decision on investment
guidelines. Within 05 working days from the receipt of the decision on
investment guidelines from the People’s Committee of the province, the
investment registration authority shall issue the Investment Registration
Certificate to the investor;
b) With regard to an investment
project specified in Clause 2 Article 28 of this Decree, within 05 working days
from the receipt of comments from the Ministry of Planning and Investment and
relevant authorities, the management board of the industrial park,
export-processing zone, hi-tech zone, or economic zone shall issue the
Investment Registration Certificate to the investor.
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1. The issuance of decisions on
investment guidelines to projects that are not required to have Investment
Registration Certificates is specified in Article 30 and Article 31 of this
Decree.
2. With regard to a project that
receives land or leases land form the State without bidding, receives a land use
right or property on land, or requires land repurposing specified in Point a
Clause 1 Article 32 of the Law on Investment and is executed in an industrial
park, export-processing zone, hi-tech zone, or economic zone in conformity with
the planning approved by a competent authority, the management board of the
industrial park, export-processing zone, hi-tech zone, or economic zone shall
request comments as set out in Clause 3 Article 30 of this Decree to issue a
decision on investment guidelines.
3. With regard to an investment
project whose capital is VND 5,000 billion or over as specified in Clause 2
Article 31 of the Law on Investment and is conformable with planning approved
by a competent authority, the investment registration authority shall consult
with the Ministry of Planning and Investment and relevant authorities as set
out in Clause 3 Article 30 of this Decree in order to issue the decision on
investment guidelines as follows:
a) With regard to an investment
project specified in Clause 1 and Clause 3 Article 28 of this Decree, within 05
working days from the receipt of comments from the Ministry of Planning and
Investment and relevant authorities, the investment registration authority
shall make and submit a review report to the People’s Committee of the province
for issuance of a decision on investment guidelines. The People’s Committee of
the province shall issue the decision on investment guidelines within 05
working days from the receipt of review report from the investment registration
authority. The decision on investment guidelines shall be sent to the Ministry
of Planning and Investment, the investment registration authority, and the
investor;
b) With regard to an investment
project specified in Clause 2 Article 28 of this Decree, within 05 working days
from the receipt of comments from the Ministry of Planning and Investment and
relevant authorities, the management board of the industrial park,
export-processing zone, hi-tech zone, or economic zone shall consider issuing
the decision on investment guidelines. The decision on investment guidelines
shall be sent to the Ministry of Planning and Investment and the investor.
Section 3. PROCEDURES FOR
ADJUSTING INVESTMENT REGISTRATION CERTIFICATE AND DECISION ON INVESTMENT
GUIDELINES
Article 33. Procedures for
adjusting Investment Registration Certificates of investment projects that are
not required to have decisions on investment guidelines
1. In case of a change to the
investment project’s name, investor’s address, or investor’s name, the investor
shall submit an application for adjustments to the investment project to the
investment registration authority together with documents about such changes.
The investment registration authority shall adjust the Investment Registration
Certificate within 03 working days from the day on which the application for
adjustment is received.
2. In case of a change in the
investment project’s location, land area, targets, scale, capital, capital
contribution schedule or capital raising schedule, operating duration,
execution schedule, investment incentives, investment assistance (if any) and
conditions to be fulfilled by the investor, the investor shall submit an
application to the investment registration authority, which consists of:
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b) A report on the project’s
progress up to the time of adjustment;
c) The investor’s decision on
project adjustment (in case of changes specified in Clause 4, Clause 5, Clause
6, Clause 7, Clause 8, and Clause 10 Article 39 of the Law on Investment);
d) Explanation or documents related
to the changes specified in Point b through g Clause 1 Article 33 of the Law on
Investment (if any).
3. Within 10 working days from the
receipt of the valid application as specified in Clause 2 of this Article, the
investment registration authority shall adjust the Investment Registration
Certificate.
4. Provisions of Article 37,
Article 38, and Article 39 of this Decree shall apply to change of investors.
Article 34. Procedures for
adjusting Investment Registration Certificates of investment projects whose
decisions on investment guidelines are issued by the People’s Committees of
provinces1. In case of a change in the investment project’s target,
location, primary technology, increase or decrease in capital by over 10% that
changes the project’s target, scale, and capacity; execution period, or
conditions to be fulfilled by the investor (if any), the investor shall follow
procedures for adjusting the Investment Registration Certificate as follows:
a) The investor shall submit 04
sets of application specified in Clause 2 Article 33 of this Decree to the
investment registration authority;
b) Within 03 working days from the
receipt of the valid application, the investment registration authority shall
send the application to relevant authorities to receive comments about the
adjustments;
c) Within 10 working days from the
day on which the request of the investment registration authority is received,
the authorities mentioned in Point b of this Clause shall make comments about
the issues under their management;
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dd) Within 05 working days from the
receipt of review report from the investment registration authority, the
People’s Committee of the province shall issue the decision on adjustments to
investment guidelines and send it to the investment registration authority;
e) According to the decision on
adjustments to investment guidelines for the People’s Committee of the
province, the investment registration authority shall adjust the Investment
Registration Certificate within 03 working days from the day on which the
decision is received.
2. The procedures specified in
Article 33 of this Decree shall apply to the changes that are not specified in
Clause 1 of this Article.
Article 35. Procedures for
adjusting Investment Registration Certificates of investment projects whose
decisions on investment guidelines are issued by the Prime Minister
1. In case of a change in the
investment project’s target, location, primary technology, increase or decrease
in capital by over 10% that changes the project’s target, scale, and capacity;
execution period, or conditions to be fulfilled by the investor (if any), the
investor shall follow procedures for adjusting the Investment Registration
Certificate as follows:
a) The investor shall submit 08 sets
of application specified in Clause 2 Article 33 of this Decree to the
investment registration authority;
b) Within 03 working days from the
receipt of the valid application as set out in Point a of this Clause, the
investment registration authority shall send 02 sets of the application to the
Ministry of Planning and Investment and one set to each relevant competent
authority to receive comments about the issues specified in Clause 3 Article 30
of this Article;
c) Within 10 working days from the
day on which the request of the investment registration authority is received,
the authorities mentioned in Point b of this Clause shall make comments about
the issues under their management;
d) Within 20 days from the receipt
of the valid application as set out in Point a of this Clause, the investment
registration authority shall request the People’s Committee of the province to
consider and send comments about the issues specified in Clause 5 Article 31 of
this Decree to the Ministry of Planning and Investment;
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e) Within 07 working days the
receipt of the review report, the Ministry of Planning and Investment and the
Prime Minister shall consider issuing a decision on adjustments to investment guidelines.
The decision on adjustments to investment guidelines shall be sent to the
Ministry of Planning and Investment, the People’s Committee of the province,
and the investment registration authority;
g) Within 05 working days from the
receipt of the decision on adjustments to investment guidelines, the investment
registration authority shall adjust the Investment Registration Certificate.
2. The procedures specified in of
Article 33 of this Decree shall apply to the changes that are not specified in
Clause 1 of this Article.
Article 36. Procedures for
adjusting decisions on investment guidelines for investment projects that are
not required to have Investment Registration Certificates
1. With regard to an investment
project which is required to have a decision on investment guidelines and not
required to have an Investment Registration Certificate, its investor shall
follow procedures for adjusting the decision on investment guidelines in the
following cases:
a) The project’s target, location,
primary technology is changed;
b) An increase or decrease in total
capital by over 10% changes the project’s target, scale, and capacity;
c) The project’s execution period
or conditions to be fulfilled by the investor are changed (if any).
2. The procedures specified in
Article 34 and Article 35 of this Decree shall apply to issuance of the
decision on adjustments to investment guidelines.
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4. With regard to an investment
project specified in Clause 3 Article 32 of this Decree, the investment
registration authority shall request the Ministry of Planning and Investment
and relevant authorities to make comments as set out in Clause 3 Article 30 of
this Decree in order to issue a decision on adjustments to investment
guidelines as follows:
a) With regard to an investment project
specified in Point a Clause 3 Article 32 of this Decree, within 05 working days
from the receipt of comments from the Ministry of Planning and Investment and
relevant authorities, the investment registration authority shall make and
submit a review report to the People’s Committee of the province for issuance
of a decision on adjustments to investment guidelines. The People’s Committee
of the province shall issue the decision on adjustments to investment
guidelines within 05 working days from the receipt of review report from the
investment registration authority. The decision on adjustments to investment
guidelines shall be sent to the Ministry of Planning and Investment, the
investment registration authority, and the investor;
b) With regard to an investment
project specified in Point b Clause 3 Article 32 of this Decree, within 05
working days from the receipt of comments from the Ministry of Planning and
Investment and relevant authorities, the management board of the industrial
park, export-processing zone, hi-tech zone, or economic zone shall consider
issuing the decision on adjustments to investment guidelines. The decision on
adjustments to investment guidelines shall be sent to the Ministry of Planning
and Investment and the investor.
Article 37. Procedures for
changing investors in case of investment project transfer
1. An investor (the transferor) may
transfer part of or the whole investment project to another investor (the
transferee) in accordance with the conditions specified in Clause 1 Article 45
of the Law on Investment. If the project transfer generates income, the
transferor shall fulfill his/her tax liability as prescribed by law.
2. Procedures for changing the
investor of a project operating under an Investment Registration Certificate which
is not required to have a decision on investment guidelines:
a) The transferor shall submit a
set of application to the investment registration authority, which consists of:
a written request for permission for project adjustments, a report on the project’s
progress up to the time of transfer; the project transfer contract or another
document with equivalent legal value; copies of the ID card or passport (if the
investor is an individual) or Certificate of Enterprise Registration or another
document with equivalent legal value (if the investor is an organization);
copies of the Investment Registration Certificate or decision on investment
guidelines (if any); copies of the BCC contract (for BCC projects); copies of
one of the following documents of the transferee: financial statements of the
last 02 years; commitment to provide financial support by the parent company,
commitment to provide financial support by a financial institution, the
guarantee of transferee’s financial capacity, documents describing the
transferee’s financial capacity;
b) the investment registration
authority shall consider the fulfillment of conditions for project transfer
specified in Clause 1 Article 45 of the Law on Investment to adjust the
Investment Registration Certificate within 10 working days from the day on
which the valid application specified in Point a of this Clause is received.
3. Procedures for changing the
investor of a project operating under an Investment Registration Certificate
whose decision on investment guidelines is issued by the People’s Committee of
the province:
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b) Within 03 working days from the
receipt of the valid application as set out in Point a of this Clause, the
investment registration authority shall send 02 it to competent authorities to
receive comments about the conditions for project transfer specified in Clause
1 Article 45 of the Law on Investment;
c) Within 10 working days from the
day on which the request of the investment registration authority is received,
the authorities mentioned in Point b of this Clause shall make comments about
the issues under their management;
d) Within 20 days from the receipt of
the valid application, the investment registration authority shall make a
report on fulfillment of conditions for project transfer according to Clause 1
Article 45 of the Law on Investment and submit it to the People’s Committee of
the province;
dd) Within 05 working days from the
receipt of the report from the investment registration authority, the People’s
Committee of the province shall consider issuing a decision on adjustments to
investment guidelines;
e) Within 03 working days from the
receipt of the decision on adjustments to investment guidelines, the investment
registration authority shall adjust the Investment Registration Certificate of
the transferee.
4. Procedures for changing the
investor of a project operating under an Investment Registration Certificate
whose decision on investment guidelines is issued by the Prime Minister:
a) The investor shall submit 08
sets of application specified in Point 2 Clause 2 of this Article to the
investment registration authority;
b) Within 03 working days from the
receipt of the valid application as set out in Point a of this Clause, the
investment registration authority shall send 02 it to competent authorities to
receive comments about the conditions for project transfer specified in Clause
1 Article 45 of the Law on Investment;
c) Within 10 working days from the
day on which the request of the investment registration authority is received,
the authorities mentioned in Point b of this Clause shall make comments about
the issues under their management;
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dd) Within 10 working days from the
receipt of comments from the People’s Committee of the province, the Ministry
of Planning and Investment shall make a report on fulfillment of conditions for
project transfer as set out in Clause 1 Article 45 of the Law on Investment;
e) Within 07 working days the
receipt of the report, the Ministry of Planning and Investment and the Prime
Minister shall consider issuing a decision on adjustments to investment
guidelines. The decision on adjustments to investment guidelines shall be sent
to the Ministry of Planning and Investment, the People’s Committee of the
province, and the investment registration authority;
g) Within 05 working days from the
receipt of the decision on adjustments to investment guidelines, the investment
registration authority shall adjust the Investment Registration Certificate of
the transferee.
5. The procedures specified in
Clause 3 and Clause 4 of this Article shall apply to the change of the investor
of a project that is required to have a decision on investment guidelines and
not required to have an Investment Registration Certificate.
6. With regard to a project having
a decision on investment guidelines issued by the management board of an
industrial park, export-processing zone, hi-tech zone, or economic zone
(hereinafter referred to as management board), the management board shall
decide the adjustments to investment guidelines when the conditions specified
in Clause 1 Article 45 of the Law on Investment are fulfilled.
7. With regard to a project having
a decision on investment guidelines, if the investor in which has finished
contributing and/or raising capital, and the project has been put into
operation, it is not required to follow the procedures for adjusting investment
guidelines specified in Clause 3 through 6 of this Article. Where project is
executed under an Investment Registration Certificate, the investor shall
follow procedures for adjusting the Investment Registration Certificate as set
out in Clause 2 of this Article.
8. Where a foreign investor
receives a project and establish a business organization to execute it, such
foreign investor shall follow procedures for issuing or adjusting the
Investment Registration Certificate, then follow procedures for establishing a
business organization in accordance with regulations of law on establishment of
the corresponding type of business organization.
Article 38. Procedures for adjusting
a project in case of corporate division, acquisition, consolidation, or
conversion
1. A business organization
established on the basis of a corporate division, acquisition, consolidation,
or conversion shall inherit the investor’s rights and obligations to the
investment project before restructuring.
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3. After the procedures mentioned
in Clause 2 of this Article are completed, the investor shall submit an
application for project adjustments to the investment registration authority of
the administrative division in which the project is located. The application consists
of:
a) A written request for permission
for project adjustments;
b) Copies of the Certificate of
Enterprise Registration or an equivalent document of the transferee;
c) Copies of the investor’s
resolution or decision on restructuring which specifies the settlement of
assets, rights and obligations to the project.
4. Within 15 working days from the
receipt of the valid application as specified in Clause 3 of this Article, the
investment registration authority shall adjust or issue the Investment Registration
Certificate.
5. If the project is not executed
under an Investment Registration Certificate, the investor is not required to
follow procedures for change of investor specified in Clause 3 and Clause 4 of
this Article. Ownership or assets shall be transferred to the transferee in
accordance with civil law, regulations of law on enterprises, and relevant
regulations of law.
Article 39. Procedures for
adjusting an investment project according to a court decision or arbitral award
1. Where a project has to be
adjusted according to a court decision or arbitral award, the investor shall
make such adjustments in accordance with the court decision or arbitral award
and keep executing the project.
2. With regard to an investment
project executed under an Investment Registration Certificate, the investor
shall submit 01 set of application to the investment registration authority of
the administrative division where the project is located. The application
consists of:
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b) Copies of the ID’s card or
passport (if the investor is an individual); copies of the Certificate of
Enterprise Registration or an equivalent document which certifies the
investor’s legal status (if the investor is an organization);
c) The effective court decision or
arbitral award.
3. The investment registration
authority shall adjust the Investment Registration Certificate within 15
working days from the receipt of the valid application as specified in Clause 2
of this Article.
Article 40. Procedures for
reissuance of Investment Registration Certificate and correction of information
thereon
1. Where an Investment Registration
Certificate is lost or damaged, the investor shall submit an application for
its reissuance to the investment registration authority. The investment
registration authority shall consider reissuing the Investment Registration
Certificate within 05 working days from the day on which the application is
received.
2. If information on the Investment
Registration Certificate is different from that on the application for
investment registration, the investment registration authority shall rectify
information on the Investment Registration Certificate within 03 working days
from the day on which the investor’s request is received.
3. With regard to a project having
an Investment Registration Certificate without having to follow procedures for
issuance of the Investment Registration Certificate specified in Clause 1
Article 36 of the Law on Investment, the investor may keep executing the
project and return the Investment Registration Certificate.
Section 4. PROCEDURES FOR
SHUTTING DOWN INVESTMENT PROJECTS
Article 41. Conditions and
procedures for shutting down an investment project and revoking its Investment Registration
Certificate
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2. Procedures for shutdown of a
project:
a) If the investor decides to shut
down the project as set out in Point a Clause 1 Article 48 of the Law on
Investment, the investor shall send the decision on project shutdown to the
investment registration authority within 15 days from its issuance date
together with the Investment Registration Certificate (if any);
b) Where a project is shut down
under the conditions of a contract, enterprise’s charter, or upon the
expiration of its operating period specified in Point b and Point c Clause 1
Article 48 of the Law on Investment, the investor shall submit a notification
and return the Investment Registration Certificate (if any) to the investment
registration authority within 15 days from the date of shutdown of the project
together with documents about the shutdown;
c) In case of shut down of a
project set out in Point d, dd, e, g, and h Clause 1 Article 48 of the Law on
Investment, the investment registration authority shall issue a decision on
project shutdown and revoke the Investment Registration Certificate (if the
project has one). The Investment Registration Certificate is annulled from the
effective date of the decision on project shutdown.
3. With regard to a project
operating under an Investment Certificate (also the certificate of business
registration) or Investment License, the investment registration authority
shall issue a decision on project shutdown without revoking the Investment
Certificate (also the certificate of business registration) or Investment
License. In this case, the business registration information on the Investment
Certificate (also the certificate of business registration) or Investment
License is still effective.
4. In case of concurrent shutdown
of a project and a business organization, the project shall be shutdown as set
out in this Article and the investor shall follow procedures for shutting down
the business organization according to relevant regulations of law.
5. After the project is shut down,
it shall be liquidated as follows:
a) The investor liquidates the
project in accordance with regulations of law on asset liquidation;
b) With regard to a project that receives
land, leases land from the State, or repurposes land, the right to use land and
property on land shall comply with regulations of law on land;
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Article 42. Shutdown of a
project in case the investment registration authority cannot contact the investor
1. Where a project is shut down and
the investment registration authority cannot contact the investor or the
investor’s legal representative, the investment registration authority shall
follow the procedures below:
a) Make a record on the shutdown of
the project and failure to contact the investor;
b) Send a request that the investor
contact the investment registration authority to settle the project shutdown to
the address registered by the investor with the investment registration
authority. Within 30 working days from the day on which the request is sent, if
the investor does not contact, the investment registration authority take the
step in Point c of this Clause;
c) Send a request for assistance in
contacting the investor to, if the investor is a Vietnamese person, the
People’s Committee of the commune where the investor resides, or, if the
investor is a foreign entity, the diplomatic mission in Vietnam of the
investor’s home country and publish a notice that the investor contact the
investment registration authority for 90 days on National Foreign Investment
Web Portal.
2. After all the measures specified
in Clause 1 of this Article are taken and the investor or the investor’s legal
representative cannot be contacted after 12 months from the date of shutdown of
the project, the investment registration authority shall issue a decision on
project shutdown.
3. After the investment
registration authority issues such decision, assets of the project shall be
managed in accordance with regulations of law on management of property of
absent residents.
4. Within the scope of their
competence, competent authority shall perform the following tasks:
a) The investment registration
authority shall appoint a person to supervise the management of assets of the
project after its shutdown at the request of competent authority and persons
having relevant rights and benefits, unless otherwise prescribed by law;
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c) The land authority shall
withdraw land and settle property on land if the project’s land is withdrawn as
prescribed by regulations of law on land;
d) The labor authority shall assist
workers who lose their jobs and provide relevant benefits in accordance with
regulations of law on labor;
dd) Other competent authorities
shall perform other management tasks related to the project within the scope of
their competence.
5. Every request of dispute between
the investor and other entities over rights and obligations relevant to the
project shall be settled through court or arbitration proceedings as agreed by
the parties and in accordance with law.
Article 43. Invalidation of the
decision on investment guidelines
The decision on investment
guidelines and decision on adjustments to investment guidelines shall be
invalidated if a project is shut down as specified in Article 48 of the Law on
Investment.
Section 5. ESTABLISHMENT OF
BUSINESS ORGANIZATIONS, CAPITAL CONTRIBUTION, PURCHASE OF SHARES/STAKES BY
FOREIGN INVESTORS
Article 44. Establishment of
business organizations by foreign investors
1. A foreign investor shall establish
a business organization as follows:
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b) Follow procedures for
establishment of a business organization after being granted the Investment
Registration Certificate mentioned in Point a of this Clause in order to launch
the project and business operation.
2. Documentation and procedures for
establishment of a business organization shall comply with regulations of law
on enterprises and other regulations of law relevant to the type of business
entity. The business registration authority must not request the investor to
submit any other document other than those specified in regulations of law on
enterprises and relevant regulations of law. The content of the Investment
Registration Certificate shall not be reconsidered.
3. Charter capital of a business
organization established by a foreign investor for execution of an investment
project is not necessarily equal to the capital of the project. The business
organization mentioned in Point b Clause 1 of this Article shall contribute
capital and raise capital to execute the project according to the schedule on
the Investment Registration Certificate.
Article 45. Execution of
investment project and business operation of foreign-invested business
organization
1. From the day on which the
Certificate of Enterprise Registration or an equivalent document is issued, the
business organization established by a foreign investor shall be the investor
that executes the project as set out in the Investment Registration
Certificate.
2. If there is new project besides
the project granted the Investment Registration Certificate, the
foreign-invested business organization shall follow these procedures:
a) The business organization
specified in Point a through c Clause 1 Article 23 of the Law on Investment
shall follow procedures for issuance of the Investment Registration Certificate
as set out in Article 29 through 31 of this Decree;
b) A business organization other
than those specified in Point a of this Clause shall make a report in
accordance with Clause 5 Article 71 of the Law on Investment. The report shall
specify: The project’s name, targets, scale, capital, location, schedule, labor
demand, and investment incentives (if any).
3. The foreign-invested business
organization may adjust the enterprise registration information at the business
registration authority without having to have an investment project. The
addition of business lines of a foreign-invested business organization must
satisfy investment conditions applied to foreign investor (if any).
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5. When making investment or
trading in securities on securities market, foreign-invested business
organizations that are listed public companies and public funds are only
required to apply regulations on investment, charter capital holdings, unless
regulations of law and international agreements on investment specify
otherwise. The Ministry of Finance shall take charge and cooperate with the
Ministry of Planning and Investment in providing guidance on this Clause.
Article 46. Procedures for
investment through capital contribution, purchase of shares/stakes by foreign
investors
1. Foreign investors who make
investment through capital contribution or purchase of shares/stakes of
business organizations are not required to obtain Investment Certificates.
2. Any business organization
invested by a foreign investor through capital contribution or purchase of
shares/stakes shall follow procedures for registration of change of
members/shareholders at a business registration authority in accordance with
regulations of law on enterprises and other regulations of law relevant to its
type of business entity, except for the following cases:
a) The investor contributes capital
to or purchase shares/stakes of the business organization whose business lines
are subject to conditions applied to foreign investors;
b) The capital contribution or
purchase of shares/stakes that leads to a foreign investor or business
organization specified in Point a, Point b, and Point c Clause 1 Article 23 of
the Law on Investment holds 51% of charter capital of the business organization
or more in the following cases: The charter capital held by the foreign
investor is increased to 51% or over and the charter capital held by the
foreign investor is increased while such foreign investor is holding 51%
charter capital of the business organization or more.
3. A foreign investor that makes
investment through capital contribution or purchase of shares/stakes of a
business organization in the cases specified in Point a and Point b Clause 2 of
this Article shall follow these procedures:
a) The investor shall submit 01
application for registration of capital contribution or purchase of
shares/stakes as set out in Clause 2 Article 26 of the Law on Investment to the
Department of Planning and Investment of the province where the business
organization’s headquarters is located;
b) Within 15 days from the receipt
of the valid application as set out in Point a of this Clause, the Department
of Planning and Investment shall assess the foreign investor’s fulfillment of
investment conditions and send a notification to the investor;
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4. The business organization
invested by the foreign investor is not required to follow procedures for
issuance or adjustment of the Investment Registration Certificates or decisions
on investment guidelines for the projects executed before the foreign investor
makes such investment.
Section 6. INVESTMENT IN
INDUSTRIAL PARKS, EXPORT-PROCESSING ZONES, HI-TECH ZONES, ECONOMIC ZONES
Article 47. Operation of
investors executing investment projects in industrial parks, export-processing
zones, economic zones, and hi-tech zones
1. Leasing or purchasing existing
buildings, offices, warehouses and depots to serve their business operation.
2. Paying for the use of technical
infrastructure and service facilities, including roads, electricity supply,
water supply and drainage, communications, treatment of wastes and wastewater,
and other public facilities (hereinafter referred to as infrastructure charges)
3. Transferring, receiving the
right to use land or lease land with available infrastructure to construct
buildings, offices, and other works serving their business operation in
accordance with regulations of law on land and real estate trading.
4. Leasing, subleasing their
buildings, offices, and other works to serve their business operation in accordance
with regulations of law on land and real estate trading.
5. Performing other activities
specified in the Law on Investment, this Decree, and relevant regulations of
law.
Article 48. Operation of
investors executing investment projects and operating infrastructure of
industrial parks, export-processing zones, economic zones, and hi-tech zones
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2. Fixing rents for land with
available infrastructure; charges for using infrastructure; rents and selling
prices for buildings, offices, warehouses and depots, and other services
charges as registered with management board. Price brackets and prices for use
of infrastructure shall be registered every 6 months or when there are changes.
3. Collecting infrastructure
charges.
4. Transfer the right to use land,
lease land, sublease land with available infrastructure in industrial parks,
export-processing zones, hi-tech zones, economic zones to other investors in
accordance with regulations of law on land and real estate trading.
5. Performing other activities
specified in the Law on Investment, this Decree, and relevant regulations of
law.
Chapter V
STATE MANAGEMENT OF INVESTMENT
Section 1. STATE MANAGEMENT OF
INVESTMENT PROMOTION
Article 49. Rules for state
management of investment promotion
1. Investment promotion shall be
managed as follows:
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b) Promotion of investment in key
fields and key economic regions is encouraged according to the orientation for
investment attraction at that time; other investment promotion activities must
be carried out according to assessment of demand for investment, data analysis,
updated information, and be practical;
c) Focus on investment promotion of
executed projects through assistance in resolving difficulties;
d) It is encouraged to combine
investment promotion with promotion of trade, tourism, diplomatic and cultural
propagation programs;
d) It is encouraged to mobilize
social resources to investment promotion.
2. The Prime Minister shall provide
specific regulations on cooperation among Ministries, regulatory bodies, and
the People’s Committees of provinces in investment promotion.
Article 50. Duties and
entitlements of investment promotion authorities
1. The Ministry of Planning and
Investment shall assist the Government in uniform management of investment
promotion.
2. The Ministry of Planning and
Investment shall:
a) Take charge and cooperate with
other Ministries, regulatory bodies, and the People’s Committees of provinces
in establishing investment promotion orientation, programs, and plans;
providing guidance on development of annual investment promotion programs of
Ministries, regulatory bodies, and the People’s Committees of provinces;
develop and implement National Investment Promotion Programs;
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c) Carry out investment promotion
activities of investment promotion programs specified in Point a of this
Clause;
d) Cooperate with the Ministry of
Foreign Affairs and the Ministry of Home Affairs in establishing overseas
investment promotion units, appointing Vietnamese representatives, and submit
them to the Prime Minister for decision;
dd) Provide training in investment
promotion;
e) Submit periodic reports to the
Prime Minister on progress and orientation of investment promotion.
3. The Ministry of Finance shall:
a) Take charge and cooperate with
the Ministry of Planning and Investment in providing guidance on limitation of funding
from state budget and financial management of investment promotion activities;
b) Cooperate with the Ministry of
Planning and Investment, other Ministries, regulatory bodies, and the People’s
Committees of provinces in estimating investment promotion costs of National
Investment Promotion Program and investment promotion programs of Ministries,
regulatory bodies, and the People’s Committees of provinces;
c) Take charge and cooperate with
the Ministry of Foreign Affairs and the Ministry of Planning and Investment in
providing state funding for overseas investment promotion units;
d) Take charge and cooperate with
the Ministry of Planning and Investment, other Ministries, regulatory bodies,
and the People’s Committees of provinces in resolving difficulties related to
the provision and use of state funding for investment promotion.
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a) Cooperate with the Ministry of
Planning and Investment, other Ministries, regulatory bodies, and the People’s
Committees of provinces in implementing investment promotion programs and
activities, combining investment promotion with diplomatic tasks;
b) Provide support and participate
in investment promotion overseas as approved in a notice of the Ministry of
Planning and Investment; Overseas representative bodies of Vietnam shall notify
the Ministry of Planning and Investment of new investment promotion activities
and reach an agreement before execution;
c) Take charge and instruct
Overseas representative bodies of Vietnam to manage the operation of overseas
investment promotion units;
d) Take charge and cooperate with
the Ministry of Planning and Investment, and the Ministry of Home Affairs in
requesting the Prime Minister to decide the establishment and payroll of
overseas investment promotion units;
dd) Appoint officials working at
overseas investment promotion units and award them diplomatic titles in
consideration of the request of the Ministry of Planning and Investment;
e) Provide sufficient facilities,
means of transport, working conditions, and funding for overseas investment
promotion units.
5. Duties and entitlements of other
Ministries, regulatory bodies, and the People’s Committees of provinces:
a) Take charge and cooperate with
the Ministry of Planning and Investment, relevant Ministries and regulatory
bodies in developing annual and long-term investment promotion programs;
propose activities to National Investment Promotion Program;
b) Carry out investment promotion
activities within the scope of their competence;
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Article 51. Funding for
investment promotion
1. Funding for annual investment
promotion programs is part of annual budget estimates.
2. Funding for investment promotion
of Ministries, regulatory bodies, and the People’s Committees of provinces is
part of their annual budget estimates.
3. Funding for investment promotion
of Ministries, regulatory bodies, and the People’s Committees of provinces is only
provided for investment promotion activities of approved investment promotion
programs.
Section 2. INVESTMENT REPORT AND
OPERATION OF NATIONAL FOREIGN INVESTMENT INFORMATION SYSTEM
Article 52. Report content and
reporting period of investment authorities
1. Reports submitted by investment
registration authorities to the People’s Committees of provinces include;
a) Quarterly reports made before
the 12th of the first month of the quarter succeeding the reported
quarter, which specify: receipt of applications, issuance, adjustment and
revocation of Investment Registration Certificates, and status of the projects;
b) Biannual reports made before
July 15, which specify: assessment of investment over the first 6 months of the
year, the plan for attracting and using capital for the next 6 months;
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2. Every quarter, every 6 months,
and every year, the People’s Committee of each province shall aggregate reports
submitted by investment registration authorities under their management in
order to report to the Ministry of Planning and Investment as set out in Clause
1 of this Article after 05 working days from the deadline for investment
registration authorities to report.
3. Regulatory bodies shall provide
information for the Ministry of Planning and Investment as follows:
a) The Ministry of Finance shall
submit quarterly reports on issuance, adjustment, and revocation of Investment
Registration Certificates or equivalent documents of insurers and securities
companies before the 12th of the first month of the quarter
succeeding the reported quarter; aggregate annual financial statements of
foreign-invested business organizations nationwide to make and submit annual
reports on export, import, production, business operation, payments to state
budget of foreign-invested business organizations before May 31 of the year
succeeding the reported year;
b) The Ministry of Industry and
Trade shall submit quarterly reports on issuance, adjustment of Investment Registration
Certificates, shutdown, and business outcomes of foreign projects of investment
in petroleum exploration and extraction in Vietnam before the 12th of the first
month of the quarter succeeding the reported quarter;
c) The Ministry of Justice shall
submit quarterly reports on issuance, adjustment of Investment Registration
Certificates, shutdown, and business outcomes of branches and law firms before
the 12th of the first month of the quarter succeeding the reported
quarter;
d) The State bank of Vietnam shall submit quarterly reports on issuance, adjustment of Investment Registration
Certificates, shutdown, and business outcomes of commercial presences in Vietnam of foreign finance companies and foreign credit institutions before the 12th
of the first month of the quarter succeeding the reported quarter.
dd) The Ministry of Labor, War
Invalids and Social Affairs shall submit annual reports on registration and
licensing of foreign workers in foreign-invested business organizations before
March 31 of the year succeeding the reported year;
e) The Ministry of Natural
Resources and Environment shall submit annual reports on land received, leased,
and used by foreign-invested business organizations before March 31 of the year
succeeding the reported year;
g) The Ministry of Science and
Technology shall submit annual reports on technology transfers by
foreign-invested business organizations before March 31 of the year succeeding
the reported year.
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Article 53. Report content and
reporting period of investment authorities
Any business organization that
executes an investment project shall submit reports to the local investment
registration authority and statistics authority as follows:
1. Monthly reports on use of
capital: If capital is provided during the month, the business organization
must submit a report within 12 days from the end of that month.
2. Each quarterly report shall be
submitted by the 12th of the first month of the quarter succeeding
the reported quarter, which specify: capital, net revenue, export, import,
workers, taxes, amounts payable to state budget, use of land and water surface.
3. Each annual report shall be
submitted by March 31 of the next year, which specifies: information on the
quarterly reports, profit, incomes of workers, expenditures and investment in
research and development, environmental protection, origins of technologies
used.
Article 54. Sending reports
1. The business organization that
executes an investment project shall submit reports only via National
Investment Information System.
2. The investment registration
authority shall submit physical and electronic reports on National Investment
Information System.
3. The Ministry of Planning and
Investment shall provide forms and inspect the adherence to reporting
provisions of this Decree.
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1. The Ministry of Planning and
Investment shall take charge and cooperate with relevant regulatory bodies in
developing and operating the National Investment Information System; provide
instructions on its management, operation, and use.
2. Ministries, regulatory bodies,
and the People’s Committees of provinces shall update and provide information
about investment activities within their management on National Investment
Information System; organize the operation and use of National Investment
Information System in accordance with the Law on Investment, this Decree and
relevant regulations.
3. Investment registration
authorities shall use National Investment Information System to receive
applications, issue, adjust, revoke Investment Registration Certificates;
monitor and assess the execution of investment projects; receive reports, and
instruct investors to use National Investment Information System in accordance
with this Decree.
4. The agency in charge of
operation of National Investment Information System and National Enterprise
Registration Information System shall exchange information about enterprise
registration of foreign-invested business organizations, capital contribution,
purchase of shares/stakes by foreign investors when they follow the procedures
specified in Article 44 and Article 46 of this Decree, investment conditions
applied to foreign investors, list of business lines subject to conditions and
investment conditions.
5. The business organizations that
execute investment projects shall be given accounts to log in to National
Investment Information System in order to submit periodic reports.
6. The Ministry of Planning and
Investment shall provide specific instructions on management, operation, and
use of National Investment Information System.
Section 3. DUTIES AND
ENTITLEMENTS OF MINISTRIES, REGULATORY BODIES, AND THE PEOPLE’S COMMITTEES OF
PROVINCES
Article 56. Duties and
entitlements of the Ministry of Planning and Investment
1. Perform the duties and
entitlements specified in Clause 3 Article 68 of the Law on Investment and
other duties and entitlements specified in this Decree.
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3. Take charge and cooperate with
other Ministries and ministerial agencies in reviewing, gathering, posting
investment conditions on National Enterprise Registration Portal and investment
conditions applied to foreign contractor on National Foreign Investment Web
Portal.
4. Take charge and cooperate with
other Ministries and ministerial agencies in reviewing, making periodic reports
on implementation of regulations of law on to business lines banned from
investment, business lines subject to conditions, and investment conditions
applied to foreign investors, and submitting such reports to the Prime
Minister.
5. Instruct and assist investment
registration authorities, business registration authorities in resolving difficulties
during the course of investment and enterprise registration.
Article 57. Duties and
entitlements of other Ministries and ministerial agencies
1. The Ministry of Finance shall
take charge and cooperate with relevant regulatory bodies in developing
policies on tax and financial incentives (land rents, land levies) for
investment and submit them to competent authorities for promulgation,
instruction, and inspection of implementation thereof; carry out inspections
and make comments about finance, Government guarantees for investment projects
whose investment guidelines are decided by the Prime Minister or the National
Assembly.
2. The Ministry of Natural
Resources and Environment shall take charge and cooperate with relevant
regulatory bodies in promulgating regulations on environmental protection and
resources related to investment activities and submit them to competent
authorities for promulgation, instruction, and inspection of implementation
thereof, carry out inspections and make comments about land and environmental
issues of investment projects whose investment guidelines are decided by the
Prime Minister or the National Assembly.
3. The Ministry of Science and
Technology shall take charge and cooperate with relevant regulatory bodies in
establishing regulations on investment in science and technology and request
competent authority to promulgate them, provide instructions, and inspection of
implementation thereof; submit master plans for development of hi-tech zones to
the Prime Minister; carry out inspections and make comments about scientific
and technological issues of investment projects whose investment guidelines are
decided by the Prime Minister or the National Assembly.
4. The Ministry of Construction
shall take charge and cooperate with relevant regulatory bodies in establishing
regulations on construction of investment projects and submit them to competent
authorities for promulgation, instruction, and inspection of implementation
thereof; carry out inspections and make comments about construction of
investment projects whose investment guidelines are decided by the Prime
Minister or the National Assembly.
5. The State bank of Vietnam shall
take charge and cooperate with relevant regulatory bodies in establishing
regulations on credit and foreign currency management related to investment
activities and submit them to competent authorities for promulgation,
instruction, and inspection of implementation thereof; carry out inspections
and make comments about credit and foreign currency management of investment
projects whose investment guidelines are decided by the Prime Minister or the
National Assembly.
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Article 58. Duties and
entitlements of the People’s Committees of provinces
1. Develop planning and plans for
attracting investment; make and publish Lists of local projects that need
investing.
2. Issue decision on investment
guidelines for investment projects under their management as set out in Article
32 of the Law on Investment.
3. Provide instructions for and
supervise investment registration authorities issuing Investment Registration
Certificates and managing local investment activities.
4. Provide instructions on making
detailed planning for construction of industrial parks and export-processing
zones; approve detailed planning for construction of industrial parks and
export-processing zones; detailed planning for construction of specialized
areas in economic zones.
5. Instruct investment registration
authorities, business registration authorities, land authorities, environment
authorities, and construction authorities to simplify procedures to enable
investors to make investment.
6. Performing other duties and
entitlements specified in this Decree and relevant regulations of law.
Chapter VI
IMPLEMENTATION
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Article 59. Projects executed
before effective date of the Law on Investment
1. Investments in such projects
executed before effective date of the Law on Investment shall keep executing
their projects in accordance with their Investment Licenses, Investment
Incentive Certificates, Investment Certificates, and equivalent documents that
were granted by competent authorities before the effective date of the Law on
Investment.
2. Investment Licenses, Investment
Incentive Certificates, Investment Certificates, and equivalent documents that
were granted by competent authorities before the effective date of the Law on
Investment have the same legal value as the Investment Registration
Certificate.
3. The aforesaid investors are not
required to obtain the Investment Registration Certificate or decision on
investment guidelines for projects that have been executed or have their
investment guidelines approved or permitted by competent authorities before the
effective date of the Law on Investment.
Article 60. Enterprises
operating under Investment Licenses or Investment Certificates (also
Certificates of Business Registration)
1. Every enterprise operating under
an Investment License may keep operating in accordance with such Investment
License and its charter. With regard to regulations that are not specified on
the Investment License and the enterprise’s charter, the enterprise shall
follow the Law on Enterprises, the Law on Investment, and relevant regulations
of law as follows:
a) Regulations applied to
single-member limited liability companies also apply to any wholly
foreign-owned enterprise owned by a single foreign investor;
b) Regulations applied to
multi-member limited liability companies also apply to any joint-venture or
wholly foreign-owned enterprise owned by more than one foreign investor;
c) Regulations applied to
joint-stock companies also apply to foreign-invested joint-stock companies
established under the Government's Decree No. 38/2003/ND-CP dated April 15,
2003 on conversion of foreign-invested companies into joint-stock companies.
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Article 61. Replacement of old
documents with Investment Registration Certificates and Certificates of Enterprise Registration
1. Every investor whose project is granted
an Investment License, Investment Incentive Certificate, Investment
Certificate, or an equivalent document before the effective date of the Law on
Investment may replace it with an Investment Registration Certificate as
follows:
a) Each investor shall submit 01
set of application for issuance of the Investment Registration Certificate to
the investment registration authority, which consists of a written request for
the issuance of the Investment Registration Certificate and copies of the
Investment License, Investment Incentive Certificate, Investment Certificate,
or equivalent documents;
b) The investment registration
authority shall issue the Investment Registration Certificate to the investor
within 03 working days from the day on which the application specified in Point
a of this Clause is received. The Investment Registration Certificate shall
contain every information on the Investment License, Investment Incentive
Certificate, Investment Certificate, or equivalent documents. The business registration
information on the Investment License, Investment Incentive Certificate,
Investment Certificate, or equivalent documents shall remain effective.
2. Every enterprise operating under
an Investment License or Investment Certificate (also Certificate of Business
Registration) or an equivalent document granted before the effective date of
the Law on Investment may replace it with a Certificate of Enterprise
Registration as follows:
a) The enterprise shall submit 01
set of application for issuance of the Certificate of Enterprise Registration
to the business registration authority of the area where the enterprise’s
headquarters is located, which consists of a written request for update or
addition of information about enterprise registration, copies of the Investment
License or Investment Registration Certificate (also Certificate of Business
Registration) or an equivalent document, and copies of the Tax Registration
Certificate;
b) The investment registration
authority shall issue the Certificate of Enterprise Registration within 03
working days from the day on which the application specified in Point a of this
Clause is received. The Certificate of Enterprise Registration shall contain
every business registration information on the Investment License, Investment
Certificate (also Certificate of Business Registration), or the equivalent
document. The business registration information on the Investment License or
Investment Certificate (also Certificate of Business Registration) or an
equivalent document is annulled from the day on which the enterprise is granted
the Certificate of Enterprise Registration; information about the project on
the Investment License or Investment Certificate (also Certificate of Business
Registration) or an equivalent document shall remain effective.
3. Any investor that wishes to
replace his/her Investment License, Investment Certificate (also Certificate of
Business Registration), or an equivalent document with the Certificate of
Enterprise Registration shall follow these procedures:
a) Obtain the Certificate of
Enterprise Registration as set out in Clause 2 of this Article;
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4. The enterprise granted the
Certificate of Enterprise Registration as set out in Clause 2 and Clause 3 of
this Article inherits all rights and obligations written on the Investment
License or Investment Certificate (also Certificate of Business Registration)
or an equivalent document from the day on which the Certificate of Enterprise
Registration is granted, which contains rights and obligations to the
investment project; The investor specified in the Investment License or
Investment Certificate (also Certificate of Business Registration) or an
equivalent document have the same rights and obligations to the project as
those of the enterprise’s partners or shareholders.
5. Branches and/or representative
offices of an enterprise operating under Investment Licenses or Investment
Certificates (also Certificates of Business Registration) or equivalent
documents granted before the effective date of the Law on Investment may
replace them with Certificates of Branch/Representative Office Registration as
set out in the Law on Enterprises. Documentation and procedures for obtaining a
Certificate of Branch/Representative Office Registration are the same as those
specified in Clause 2 and Clause 3 of this Article.
6. Every enterprise shall update
information about enterprise registration and is not required to replace the
Investment License, Investment Certificate (also Certificate of Business
Registration), or an equivalent document with a Certificate of Enterprise
Registration when following procedures for enterprise dissolution, business
suspension, notification of seal; establishment, change of operating contents,
shutdown of a branch/representative office.
Article 62. Adjusting investment
projects before the effective date of the Law on Investment
1. If adjustments to a project lead
to changes in the Investment License, Investment Incentive Certificate,
Investment Certificate, or an equivalent document granted before the effective
date of the Law on Investment, the investor shall follow procedures to adjust
the Investment Registration Certificate specified in Article 33 of this Decree
at an investment registration authority to obtain the Investment Registration
Certificate. The Investment Registration Certificate shall contain information
about the adjusted project and all unchanged and effective information about
the project on the Investment License, Investment Incentive Certificate,
Investment Certificate, or equivalent documents.
2. If an Investment License,
Investment Certificate, or an equivalent document specified in Clause 1 of this
Article also contains business registration information, the investment
registration authority shall issue an Investment Registration Certificate to
the investor to replace information about the project on the Investment
License, Investment Certificate (also Certificate of Business Registration) or
another equivalent document as set out in Clause 1 of this Article. The
business registration information on the Investment License, Investment
Certificate (also Certificate of Business Registration) or another equivalent
document shall remain effective.
3. With regard to a project that is
not required to have a decision on investment guidelines as set out in
regulations effective before the effective date of the Law on Investment and
are required to have a decision on investment guidelines specified in the Law
on Investment or this Decree, it is not mandatory to obtain a decision on
investment guidelines or adjust the decision on investment when adjusting the
project, except for the following cases:
a) The project’s expansion makes a
decision on investment guidelines mandatory as set out in Article 30 and
Article 31 of the Law on Investment;
b) Additional targets of the
project are subject to issuance of a decision on investment guidelines as set
out in Article 30 and Article 31 of the Law on Investment;
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4. In the cases mentioned in Point
a through c Clause 3 of this Article, the investor shall follow procedures for
adjusting eh decision on investment guidelines in accordance with Section 3
Chapter IV of this Decree. In such cases, the issuer of the decision on
investment guidelines shall consider adjustments to the decision on investment
guidelines.
5. In case of adjustments to a
project that is required to have a decision on investment guidelines as set out
in regulations effective before the effective date of the Law on Investment
leads to changes in the decision on investment guidelines, the investor shall
follow procedures for adjusting the decision on investment guidelines specified
in this Decree.
Article 63. Changing business
registration information on an Investment License or Investment Certificate
(also Certificate of Business Registration)
1. An enterprise operating under an
Investment License, Investment Certificate (also Certificate of Business
Registration), or an equivalent document shall adjust business registration
information at a business registration authority as follows:
a) Documentation and procedures for
adjusting business registration information shall comply with regulations of
law on enterprises;
b) The business registration
authority shall issue a Certificate of Enterprise Registration to replace the
business registration information on the Investment License, Investment
Certificate (also Certificate of Business Registration), or the equivalent
document;
c) The Certificate of Enterprise
Registration shall contain adjusted enterprise registration information and
other unchanged and effective enterprise registration information on the Investment
License, Investment Certificate (also Certificate of Business Registration), or
the equivalent document.
d) The business registration
information on the Investment License or Investment Certificate (also
Certificate of Business Registration) or an equivalent document is annulled
from the day on which the enterprise is granted the Certificate of Enterprise
Registration; information about the project on the Investment License or
Investment Certificate (also Certificate of Business Registration) or an
equivalent document shall remain effective;
dd) If the enterprise wishes to
change business registration information because a foreign investor contributes
capital or purchases shares/stakes as specified in Point a and Point b Clause 2
Article 46 of this Decree, the investor shall follow procedures for
registration of capital contribution or purchase of shares/stakes specified in
Point a and Point b Clause 3 Article 46 of this Decree before the enterprise
follows procedures for issuance of the Certificate of Enterprise Registration;
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2. In case of adjustment of both
business registration information and information about the project, the
enterprise shall follow procedures for adjusting business registration
information at a business registration authority in order to obtain a
Certificate of Enterprise Registration as set out in Clause 1 of this Article.
After a Certificate of Enterprise Registration is granted, the enterprise shall
adjust information about the project at an investment registration authority in
order to obtain the Investment Registration Certificate as set out in Article
62 of this Decree.
3. In case of adjustment to
information about registration of a branch or representative office of an
enterprise operating under an Investment License or Investment Certificate
(also Certificate of Business Registration) or an equivalent document granted
before the effective date of the Law on Investment, the enterprise shall follow
procedures for adjustment of the Certificate of Branch/Representative Office
Registration as set out in Clause 1 and Clause 2 of this Article.
Article 64. Regulations applied
to investors that have made commitments transfer their assets to Vietnam’s government without compensation
1. With regard to a project that
has commitments to transfer its assets to Vietnam’s government or a Vietnam’s state-owned enterprise without compensation, the investor therein must not change
the commitments to asset transfer without compensation unless permitted by a
competent authority.
2. Assets transferred without
compensation mentioned in Clause 1 of this Article shall be kept intact until
they are transferred to the Vietnamese party or Vietnam’s government.
Article 65. Shutdown,
restructuring, dissolution of enterprises operating under Investment Licenses
or Investment Certificates (also Certificates of Business Registration)
1. An enterprise operating under an
Investment License or Investment Certificate (also Certificate of Business
Registration) shall follow procedures for suspension, shutdown, restructuring,
or dissolution at a business registration authority.
2. Documentations and procedures
for suspension, shutdown, restructuring, or dissolution of enterprises
operating under Investment Licenses or Investment Certificates (also
Certificates of Business Registration) shall comply with regulations of law on
enterprises.
Section 2. IMPLEMENTATION
CLAUSES
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1. This Decree comes into force
from December 27, 2015 and replaces the Government's Decree No. 108/2006/ND-CP
dated September 22, 2006.
2. The following documents are
annulled:
a) List of areas eligible for
corporate income tax incentives promulgated together with the Government's
Decree No. 218/2013/ND-CP dated December 26, 2013;
b) List of business lines eligible
for import duty incentives promulgated together with the Government's Decree
No. 87/2010/ND-CP dated August 13, 2010;
c) Clause 4 Article 19 and “List of
administrative divisions eligible for land rent incentives” in Clause 3 Article
19 of the Government's Decree No. 46/2014/ND-CP dated May 15, 2014.
3. If the Investment Registration
Certificate is required while following administrative procedures but the
project is not required to have an Investment Registration Certificate as set
out in the Law on Investment, the investor is not required to submit the
Investment Registration Certificate.
Article 67. Responsibility for
implementation
1. The Ministry of Planning and
Investment shall promulgate specific regulations on establishment, management,
and operation of venture capital funds; provide instructions on transition in
the cases not specified in Section 1 Chapter VI and other regulations of this
Decree.
2. Ministers, Heads of ministerial
agencies, Heads of Governmental agencies, Presidents of the People’s Committees
of provinces shall provide guidance on the implementation of this Decree within
the scope of their competence./.
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ON
BEHALF OF THE PRIME MINISTER
THE PRIME MINISTER
Nguyen Tan Dung
APPENDIX I
LIST
OF BUSINESS LINES ELIGIBLE FOR INVESTMENT INCENTIVES
(Promulgated together with the Government's Decree No. 118/2015/ND-CP dated
November 12, 2015)
A. BUSINESS LINES ELIGIBLE FOR
SPECIAL INVESTMENT INCENTIVES
I. HIGH TECHNOLOGY, INFORMATION
TECHNOLOGY, ANCILLARY INDUSTRIES
1. Application of high technologies
on the List of high technologies given priority under the Prime Minister’s
decisions.
2. Production of products on the
list of hi-tech products given priority under the Prime Minister’s decisions.
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4. Development of high technologies
and high technology enterprises; venture investment in high technology development;
application, research and development of high technology according to
regulations of law on high technology; manufacturing of biotechnology products.
5. Production of software products,
digital products, key information technology products, software service,
information security services, information protection service according to
regulations of law on information technology.
6. Production of renewable energy,
clean energy, and waste-to-energy production.
7. Manufacture of composite
materials, light building materials, and rare materials.
II. AGRICULTURE
1. Cultivation, protection, and
development of forests.
2. Farming, processing, preserving
agriculture, forestry, and aquaculture products.
3. Production, breeding,
cross-breeding plant varieties, animal breeds, and aquatic breeds.
4. Salt production, extraction, and
refinement.
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6. Rescue services at sea.
III. ENVIRONMENTAL PROTECTION,
INFRASTRUCTURE CONSTRUCTION
1. Concentrated waste collection,
treatment, recycling, and reuse.
2. Construction, operation of
infrastructure of industrial parks, export-processing zones, hi-tech zones, and
specialized areas in economic zones.
3. Development of water plants,
power plants, water supply and drainage system; bridges, roads, railroads,
airports, seaports, river ports; airfields, train stations, and other
particularly important infrastructural works decided by the Prime Minister.
4. Development of public
transportation in urban areas.
5. Construction, management, and
operation of rural markets.
IV. CULTURE, SOCIETY, SPORTS,
HEALTHCARE
1. Construction of social houses
and relocation housing.
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3. Research and development of
preparation technology and biotechnology for production of new medicines.
4. Production of medicines
ingredients and essential medicines, medicines for prevention and treatment of
sexually transmitted diseases, vaccines, biological, herbal medicines, oriental
medicines; medicines whose patents are about to expire or relevant proprietary
medicines; application of advanced technology and biotechnology to production
of medicines for humans according to international GMP standards; production of
primary packages of medicines.
5. Investment in manufacture of
methadone.
6. Investment in centers for
high-performance sports, sports training centers for the disabled; construction
of sports facilities having training and competition equipment suitable for
used at international competitions; professional sports training facilities.
7. Investment in geriatric centers,
psychiatry centers, centers for treatment of dioxin patients, centers for
caring elders, the disabled, orphans, and homeless children.
8. Investment in Social Treatment –
Education – Labor centers; rehabilitation centers smoking cessation centers;
HIV/AIDS treatment centers.
9. Investment in national museums,
ethnic culture centers; traditional theatre groups; theatres, film studios,
film production facilities, film development facilities; fine art – photography
exhibition centers; production, repair of traditional musical instruments,
maintenance of ethnic museums and art schools; facilities and trade villages for
introduction and development of traditional trades.
B. BUSINESS LINES ELIGIBLE FOR
INVESTMENT INCENTIVES
I. SCIENCE AND TECHNOLOGY,
ELECTRONICS, MECHANICS, MATERIAL PRODUCITON, INFORMATION TECHNOLOGY
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2. Investment in research and
development.
3. Production of steel billets from
iron ore, high-grade steel, alloys.
4. Production of coke and activated
carbon.
5. Production of energy-saving
products.
6. Production of petrochemical
products, pharmaceutical-chemical products, technical plastic – rubber
components.
7. Production of products with at
least 30% added value (according to instructions of the Ministry of Planning
and Investment).
8. Production of automobiles,
automobile parts, ship-building.
9. Production of electronic
components and electronic clusters other than those specified in (A).
11. Production of materials to
replace asbestos.
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1. Cultivating, gathering,
processing herbs; protection of genetic resources, rare and special herbs.
2. Production, processing of animal
feeds.
3. Technological services related
to cultivation, breeding, aquaculture, protection of plants and animals.
4. Construction, upgrade or
slaughterhouses; industrial preservation and processing poultry and livestock.
5. Development of material areas
serving processing industry.
6. Fishing.
III. ENVIRONMENTAL PROTECTION,
INFRASTRUCTURE CONSTRUCTION
1. Construction and development of
infrastructure of industrial complexes.
2. Construction of apartment
buildings for workers in industrial parks, export-processing zones, hi-tech
zones, economic zones; construction of dormitories for students and houses for
beneficiaries of incentive policies; construction of urban areas (including
kindergartens, schools, hospitals) serving workers.
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4. Investment in operation of
exhibition centers, logistics centers, warehouses, supermarkets, shopping
malls.
IV. EDUCATION, CULTURE, SOCIETY,
SPORTS, HEALTHCARE
1. Investment in operation of
infrastructure of educational institutions, development of non-public educational
institutions, including preschool education, compulsory education, and
vocational education,
2. Production of medical equipment,
construction of warehouses for preservation of pharmaceuticals and reserve of
medicines for humans in case of disasters, epidemics.
3. Manufacture of ingredients of
medicines and pesticides; drugs for animals and aquatic organisms.
4. Investment in biological testing
facilities, bioavailability assessment, pharmaceutical facilities that meet
good practice standards for manufacturing, preservation, testing, clinical
trial of medicines.
5. Investment in research into
scientific foundation of traditional medicines and establishment of standards
for testing traditional medicines
6. Investment in sports centers, stadiums,
swimming pools; facilities for production, repair sports equipment.
7. Investment in public libraries
and cinemas.
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V. OTHER BUSINESS LINES
1. People's credit funds and
microfinance institutions.
APPENDIX II
LIST
OF AREAS ELIGIBLE FOR INVESTMENT INCENTIVES
(Promulgated together with the Government's Decree No. 118/2015/ND-CP dated
November 12, 2015)
No.
Province
Extremely disadvantaged areas
Disadvantaged areas
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Bac Kan
All districts,
towns, and Bac Kan city
2
Cao Bang
All districts and
Cao Bang city
3
Ha Giang
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4
Lai Chau
All districts and
Lai Chau city
5
Son La
All districts and Son
La city
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Dien Bien
All districts,
towns, and Dien Bien city
7
Lao Cai
All districts
Lao Cai city
8
Tuyen Quang
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Ham Yen, Son Duong,
Yen Son districts and Tuyen Quang city
9
Bac Giang
Son Dong district
Luc Ngan, Luc Nam,
Yen The, Hiep Hoa districts
10
Hoa Binh
Da Bac, Mai Chau
districts
Kim Boi, Ky Son,
Luong Son, Lac Thuy, Tan Lac, Cao Phong, Lac Son, Yen Thuy districts
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Lang Son
Binh Gia, Dinh Lap,
Cao Loc, Loc Binh, Trang Dinh, Van Lang, Van Quan, Bac Son districts
Chi Lang, Huu Lung
districts
12
Phu Tho
Thanh Son, Tan Son,
Yen Lap districts
Doan Hung, Ha Hoa,
Phu Ninh, Thanh Ba, Tam Nong, Thanh Thuy, Cam Khe districts
13
Thai Nguyen
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Pho Yen, Phu Binh
districts
14
Yen Bai
Luc Yen, Mu Cang
Chai, Tram Tau districts
Tran Yen, Van Chan,
Van Yen, Yen Binh, and Nghia Lo town
15
Quang Ninh
Ba Che, Binh Lieu
districts, Co To islands, and other islands in the province
Van Don, Tien Yen,
Hai Ha, Dam Ha districts
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Hai Phong
Bach Long Vi, Cat
Hai islands
17
Ha Nam
Ly Nhan, Thanh
Liem, Binh Luc districts
18
Nam Dinh
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Giao Thuy, Xuan
Truong, Hai Hau, Nghia Hung districts
19
Thai Binh
Thai Thuy, Tien Hai
districts
20
Ninh Binh
Nho Quan, Gia Vien,
Kim Son, Tam Diep, Yen Mo districts
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Thanh Hoa
Muong Lat, Quan Hoa,
Quan Son, Ba Thuoc, Lang Chanh, Thuong Xuan, Cam Thuy, Ngoc Lac, Nhu Thanh,
Nhu Xuan districts
Thach Thanh, Nong
Cong districts
22
Nghe An
Ky Son, Tuong
Duong, Con Cuong, Que Phong, Quy Hop, Quy Chau, Anh Son districts
Tan Ky, Nghia Dan, Thanh
Chuong districts, and Thai Hoa town
23
Ha Tinh
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Duc Tho, Nghi Xuan,
Thach Ha, Cam Xuyen, Can Loc districts
24
Quang Binh
Tuyen Hoa, Minh
Hoa, Bo Trach districts
Other districts and
Ba Don town
25
Quang Tri
Huong Hoa, Da Krong
districts, Con Co island and other islands of the province
Other districts
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Thua Thien Hue
A Luoi, Nam Dong
districts
Phong Dien, Quang Dien,
Phu Loc, Phu Vang districts and Huong Tra town
27
Da Nang
Hoang Sa
archipelago
28
Quang Nam
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Dai Loc, Que Son,
Phu Ninh, Duy Xuyen districts
29
Quang Ngai
Ba To, Tra Dong,
Son Tay, Son Ha, Minh Long, Binh Son, Tay Tra, Son Tinh districts and Ly Son
island
Nghia Hanh district
30
Binh Dinh
An Lao, Vinh Thanh,
Van Canh, Phu Cat, Tay Son, Hoai An, Phu My districts
Tuy Phuoc districts
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Phu Yen
Song Hinh, Dong
Xuan, Son Hoa, Phu Hoa, Tay Hoa districts
Song Cau town; Dong
Hoa, Tuy An districts
32
Khanh Hoa
Khanh Vinh, Khanh
Son districts, Truong Sa archipelago and other islands of the province
Van Ninh, Dien
Khanh, Cam Lam districts, Ninh Hoa town, and Cam Ranh city
33
Ninh Thuan
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Phan Rang - Thap
Cham city
34
Binh Thuan
Phu Quy district
Bac Binh, Tuy
Phong, Duc Linh, Tanh Linh, Ham Thuan Bac, Ham Thuan Nam, Ham Tan districts
35
Dak Lak
All districts and
Buon Ho town
Buon Ma Thuot city
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Gia Lai
All districts and
towns
Pleiku city
37
Kon Tum
All districts and
cities
38
Dak Nong
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39
Lam Dong
All districts
Bao Loc city
40
Ba Ria - Vung Tau
Con Dao district
Huyen Tan Thanh,
Chau Duc, Xuyen Moc
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Tay Ninh
Tan Bien, Tan Chau,
Chau Thanh, Ben Cau districts
Other districts
42
Binh Phuoc
Loc Ninh, Bu Dang,
Bu Dop, Bu Gia Map, Phu Rieng districts
Dong Phu, Chon
Thanh, Hon Quan districts, Binh Long town, and Phuoc Long town
43
Long An
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Kien Tuong town;
Tan Thanh, Duc Hoa, Thanh Hoa districts
44
Tien Giang
Tan Phuoc, Tan Phu
Dong districts
Go Cong Dong, Go
Cong Tay districts
45
Ben Tre
Thanh Phu, Ba Tri,
Binh Dai districts
Other districts
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Tra Vinh
Chau Thanh, Tra Cu
districts
Cau Ngang, Cau Ke,
Tieu Can districts, and Tra Vinh city
47
Dong Thap
Hong Ngu, Tan Hong,
Tam Nong, Thap Muoi districts, and Hong Ngu town
Other districts
48
Vinh Long
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Tra On, Binh Tan,
Vung Liem, Mang Thit, Tam Binh districts
49
Soc Trang
All districts, Vinh
Chau town, and Nga Nam town
Soc Trang city
50
Hau Giang
All districts and
Nga Bay town
Vi Thanh city
...
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
An Giang
An Phu, Tri Ton, Thoai
Son, Tinh Bien districts, and Tan Chau town
Chau Doc city and
other districts
52
Bac Lieu
All districts and
towns
Bac Lieu city
53
Ca Mau
...
...
...
Bạn phải
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đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Ca Mau city
54
Kien Giang
All districts, islands
of the province, and Ha Tien town
Rach Gia city
55
Economic zones,
hi-tech zones (including concentrated information technology zones
established under regulations of the Government)
Industrial parks, export-processing
zones established under regulations of the Government.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66