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NATIONAL
ASSEMBLY’S OFFICE
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SOCIALIST REPUBLIC
OF VIETNAM
Independence – Freedom – Happiness
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No. 10/VBHN-VPQH
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Hanoi, July 8,
2022
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LAW ON INVESTMENT
Law on Investment No. 61/2020/QH14 dated June 17,
2020 of the National Assembly, in force as of January 1, 2021, is amended and
supplemented by:
1. Law on Environmental Protection No. 72/2020/QH14
dated November 17, 2020 of the National Assembly, in force as of January 1,
2022;
2. National Assembly’s Law No. 03/2022/QH15 dated
January 11, 2022 on amendments to certain Articles of the Law on Public
Investment, the Law on Public-Private Partnership Investment, the Law on
Investment, the Law on Housing, the Law on Bidding, the Law on Electricity, the
Law on Enterprises, the Law on Special Excise Duties and the Law on Civil
Judgment Enforcement, in force as from March 1, 2022;
3. National Assembly’s Law on Cinematography No.
05/2022/QH15 dated June 15, 2022, coming into force as from January 1, 2023;
4. Law on Insurance Business No. 08/2022/QH15 dated
June 16, 2022 of the National Assembly, in force as of January 1, 2023.
Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly herein
promulgates the Law on Investment[1].
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GENERAL
Article 1. Scope
This Law prescribes business investment activities
in Vietnam and outward business investment activities of Vietnam.
Article 2. Subjects of application
This Law is applied to investors, entities and
persons involved in business investment activities.
Article 3. Interpretation of terms
For the purpose of this Law, the following terms
shall be construed as follows:
1. “approval for investment guidelines” means
a competent authority approving the objectives, location, scale, schedule and
duration of a project; investor or form of selection of investor and special
mechanisms or special policies (if any) to execute an investment project.
2. “investment registration authority” means
a regulatory agency that issues, adjusts and revokes investment registration
certificates.
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4. “investment project” means a collection
of proposals for the expenditure of mid-term or long-term capital to carry out
investment activities in a particular administrative division over a certain
period of time.
5. “expansion project” means an investment
project on development of a running project by expanding the scale, improving
the capacity, applying new technologies, reducing pollution or improving the
environment.
6. “new investment project” means a project
that is executed for the first time or a project independent from any other
running project.
7. “start-up project” means an investment
project that implements ideas on the basis of exploiting intellectual property,
technologies and new business models and is able to grow quickly.
8. “business investment” means an investor
investing capital to do business.
9. “business investment conditions” mean
those which must be satisfied by an individual or organization upon making
business investment in conditional business lines.
10. “market access conditions applied to foreign
investors” mean those which must be satisfied by foreign investors to make
investment in the List of business lines with prohibited and restricted market
access (hereinafter referred to as “the Negative List for Market Access”)
specified in Clause 2 Article 9 of this Law.
11. “investment registration certificate” means
a physical or electronic document bearing information registered by an investor
about an investment project.
12. “National Investment Information System” means
a system of professional information meant for monitoring, assessment, and
analysis of nationwide investment in order to serve state management tasks and
assist investors in carrying out investment activities.
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14. “business cooperation contract” (hereinafter
referred to as BCC) means a contract between investors for business
cooperation and distribution of profits or products without establishment of a
business organization.
15. “export-processing zone” means an
industrial park specialized in manufacturing of exported products or provision
of services for manufacturing of exported products and export.
16. “industrial park” means an area with a
defined geographical boundary specialized in production of industrial goods and
provision of services for industrial production.
17. “economic zone” means an area with a
defined geographical boundary which consists of multiple dedicated areas and is
meant to achieve the objectives of investment attraction, socio-economic
development and protection of national defense and security.
18. “investor” means an organization or
individual that carries out business investment activities. Investors include
domestic investors, foreign investors and foreign-invested business
organizations.
19. “foreign investor” means an individual
holding a foreign nationality or an organization established under foreign laws
and carrying our business investment activities in Vietnam.
20. “domestic investor” means an individual
holding Vietnamese nationality or a business organization whose members or
shareholders are not foreign investors.
21. “business organization” means an
organization established and operating in accordance with Vietnam’s laws.
Business organizations include enterprises, cooperatives, cooperative unions
and other organizations that carry out business investment activities.
22. “foreign-invested business organization” means
an organization whose members or shareholders are foreign investors.
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Article 4. Application of the
Law on Investment and relevant laws
1. Business investment activities made within
Vietnam’s territory must comply with this Law and relevant laws.
2. Where regulations on banned business lines or
conditional business lines in this Law and other laws are inconsistent,
regulations of this Law shall apply.
Regulations on names of banned business lines and
conditional business lines in other laws must be consistent with those set out
in Article 6 and Appendices to the Law on Investment.
3. Where regulations on procedures for making
business investment or on investment assurance in this Law and other laws are
inconsistent and have been promulgated before the effective date of this Law,
regulations of this Law shall apply, except for the following cases:
a) Investment in, management and use of state
capital invested in enterprises, which are prescribed in the Law on Management
and Use of State Capital Invested in Manufacturing and Business Activities of Enterprises;
b) Power and procedures for making public
investment and management and use of public investment capital, which are
prescribed in the Law on Public Investment;
c) Power and procedures for making investment and
executing projects; law governing project contracts; investment assurance,
mechanisms for management of state capital applied to PPP projects, which are
prescribed in the Law on Public Private Partnership Investment Form;
d) Execution of construction, housing and urban
area projects in compliance with the Law on Construction, Law on Housing and
Law on Real Estate Business after a competent authority grants approval for the
investment guidelines or adjustment to the investment guidelines in accordance
with regulations of the Law on Investment;
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e) Power, procedures and conditions for making
business investment, carrying out securities activities and operating in the
securities market of Vietnam, which are prescribed in the Law on Securities.
4. Where a law promulgated after the effective date
of this Law contains regulations on investment contradicting regulations of
this Law, the former is required to specify the cases to which its regulations
apply and the cases to which this Law applies.
5. With regard to any contract to which at least a
party is a foreign investor or a business organization defined in Clause 1
Article 23 of this Law, the parties may reach an agreement on whether to apply
foreign laws or international practice if such agreement does not contravene
Vietnam’s laws.
Article 5. Policies on business
investment
1. Investors are entitled to carry out business investment
activities in the business lines that are not banned by this Law. Regarding
conditional business lines, investors must satisfy business investment
conditions as prescribed by law.
2. Investors may decide their business investment
activities on their own and take responsibility therefor in accordance with
this law and relevant laws; may access and make use of loan capital, assistance
funds, land, and other resources as prescribed by law.
3. Any business investment activity of an investor
shall be suspended, stopped or terminated if such activity harms or potentially
harms national defense and security.
4. The ownership of assets, capital, income,
another the lawful rights and interests of investors are recognized and
protected by the State.
5. The State shall treat investors equitably;
introduce policies to encourage and enable investors to carry out business
investment activities and to ensure sustainable development of economic
sectors.
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Article 6. Banned business lines
1. The business investment activities below are
banned:
a) Business in narcotic substances specified in
Appendix I hereof;
b) Business in chemicals and minerals specified in
Appendix II hereof;
c) Business in specimens of wild flora and fauna
specified in Appendix 1 of Convention on International Trade in Endangered
Species of Wild Fauna and Flora; specimens of rare and/or endangered species of
wild fauna and flora in Group I of Appendix III hereof;
d) Prostitution business;
dd) Human trafficking; trade in human tissues,
corpses, human organs and human fetuses;
e) Business activities pertaining to asexual human
reproduction;
g) Trade in firecrackers;
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2. The Government’s regulations shall apply to
production and use of the products mentioned in Points a, b, and c Clause 1 of
this Article during analysis, testing, scientific research, medical research, pharmaceutical
production, criminal investigation, national defense and security protection.
Article 7. Conditional business lines
1. Conditional business lines are the business
lines in which the business investment must satisfy certain conditions for reasons
of national defense and security, social order and security, social ethics, or
public health.
2. A List of conditional business lines is provided
in Appendix IV hereof.
3. Conditions for making business investment in the
business lines mentioned in Clause 2 of this Article are specified in the Laws
and Resolutions of the National Assembly, Ordinances and Resolutions of the
Standing Committee of the National Assembly, Decrees of the Government and
international treaties to which the Socialist Republic of Vietnam is a
signatory. Ministries, ministerial agencies, People’s Councils, People’s
Committees at all levels, and other entities must not issue regulations on
conditions for making business investment.
4. Conditions for making business investment must be
appropriate for the reasons in Clause 1 of this Article and be public,
transparent, objective and economic in terms of time and costs of compliance by
investors.
5. Regulations on business investment conditions
shall contain the following:
a) Subjects and scope of the business investment
conditions;
b) Forms of fulfillment of the business investment
conditions;
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d) Documentation and administrative procedures for
compliance with the business investment conditions (if any);
dd) Regulatory agencies and agencies that have the
power to handle administrative procedures regarding business investment
conditions;
e) Effective dates of licenses or certificates or
other written confirmation or approval (if any).
6. Business investment conditions to be fulfilled
are those specified in:
a) Licenses;
b) Certificates;
c) Credentials;
d) Written confirmation or written approval;
dd) Other requirements that must be satisfied by
individuals and business organizations to conduct business investment
activities without obtaining written confirmation from a competent authority.
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8. The Government shall elaborate the announcement
and control of business investment conditions.
Article 8. Amendment and
addition of the List of banned business lines, the List of conditional business
lines and the business investment conditions
1. Depending on the socio-economic conditions and
state management requirements in each period, the Government shall review the
banned business lines, the List of conditional business lines and submit
amendments and additions to Article 6, Article 7 and Appendices attached hereto
to the National Assembly in accordance with the simplified procedures.
2. The amendment and addition of conditional
business lines or investment business conditions must comply with Clauses 1, 3,
4, 5 and 6 Article 7 of this Law.
Article 9. Business lines with prohibited and
restricted market access and market access conditions applied to foreign
investors
1. Market access conditions applied to foreign
investors are the same as those applied to domestic investors, except for the
case specified in Clause 2 of this Article.
2. Pursuant to Laws and Resolutions of the National
Assembly, Ordinances and Resolutions of the Standing Committee of the National
Assembly, Decrees of the Government and international treaties to which the
Socialist Republic of Vietnam is a signatory, the Government shall promulgate a
Negative List for Market Access, including:
a) Prohibited business lines;
b) Restricted business lines.
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a) Holding of charter capital by the foreign
investor in a business organization;
b) Investment method;
c) Scope of investment;
d) Capacity of the investor; partners participating
in the investment activities;
dd) Other conditions specified in the Laws and
Resolutions of the National Assembly, Ordinances and Resolutions of the
Standing Committee of the National Assembly, Decrees of the Government and
international treaties to which the Socialist Republic of Vietnam is a
signatory.
4. The Government shall elaborate this Article.
Chapter II
INVESTMENT GUARANTEES
Article 10. Guarantees for
asset ownership
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2. Where an asset is bought or requisitioned by the
State for reasons of national defense and security, national interests, state
of emergency or natural disaster management, the investor shall be reimbursed
or compensated in accordance with regulations of law on asset requisition and
relevant regulations of law.
Article 11. Guarantees for business investment
activities
1. Investors are not required by the State to
satisfy the following requirements:
a) Give priority to purchase or use of domestic
goods/services; or only purchase or use goods/services provided by domestic
producers/service providers;
b) Achieve a certain export target; restrict the
quantity, value, types of goods/services that are exported or domestically
produced/provided;
c) Import a quantity/value of goods that is
equivalent to the quantity/value of goods exported; or balance foreign
currencies earned from export to meet import demands;
d) Reach a certain rate of import substitution;
dd) Reach a certain level/value of domestic
research and development;
e) Provide goods/service at a particular location
in Vietnam or overseas;
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2. Depending on the socio-economic conditions and
demands for investment attraction in each period, the Prime Minister shall
decide to apply forms of guarantee of the State to execute investment projects
subject to approval for their investment guidelines by the National Assembly,
the Prime Minister, and other important investment projects on infrastructural
development.
The Government shall elaborate this Article.
Article 12. Guarantees for
transfer of foreign investors’ assets overseas
After all financial obligations to Vietnamese
government are fulfilled, foreign investors are permitted to transfer the
following assets overseas:
1. Investment capital and proceeds from liquidation
of its investment;
2. Their income obtained from business investment
activities;
3. Money and other assets under the lawful
ownership of the investors.
Article 13. Guarantees for
business investment upon changes of laws
1. Where a new law provides more favorable
investment incentives, investors are entitled to enjoy the new incentives for
the remaining period of the incentive enjoyment of the project, except for
special investment incentives for the investment projects in the case specified
in Point a Clause 5 Article 20 of this Law.
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3. The regulations in Clause 2 of this Article do
not apply if regulations of a legal document are changed for reasons of
national defense and security, social order and security, social ethics, public
health, or environmental protection.
4. Where an investor is no longer eligible for
investment incentives prescribed in Clause 3 of this Article, one or more of
the following solutions shall be adopted:
a) Deduct the damage actually suffered by the
investor from the investor's taxable income;
b) Adjust the objectives of the investment project;
c) Assist the investor in remedying damage.
5. With regard to the investment guarantee measure
in Clause 4 of this Article, the investor shall make a written request within
03 years from the effective date of the new legal document.
Article 14. Settlement of disputes over business
investment activities
1. Disputes over business investment activities in
Vietnam shall be settled through negotiation and conciliation. If the
negotiation or conciliation fails, the dispute shall be settled by an
arbitration body or by a court in accordance with Clauses 2, 3, and 4 of this
Article.
2. Every dispute between a Vietnamese investor and
a foreign-invested business organization, or between a domestic investor or a
foreign-invested business organization and a regulatory agency over business
investment activities within Vietnam’s territory shall be settled by a
Vietnam's arbitration body or Vietnam’s court, except for the cases in Clause 3
of this Article.
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a) Vietnam’s court;
b) Vietnam’s arbitration body;
c) Foreign arbitration body;
d) International arbitration body;
dd) An arbitral tribunal established by the parties
in dispute.
4. Every dispute between a foreign investor and a
regulatory agency over business investment activities within Vietnam’s
territory shall be settled by Vietnam’s arbitral tribunal or Vietnam’s court,
unless otherwise agreed under a contract or prescribed by an international
treaty to which the Socialist Republic of Vietnam is a signatory.
Chapter III
INVESTMENT INCENTIVES AND ASSISTANCE
Article 15. Forms and objects for application of
investment incentives
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a) Corporate income tax incentives, including
application of a lower rate of corporate income tax for a certain period of
time or throughout the investment project execution; exemption from and
reduction of tax and other incentives prescribed by the Law on Corporate Income
Tax;
b) Exemption from import tax on goods imported to
form fixed assets; raw materials, supplies and components for manufacturing
purposes in accordance with regulations of law on import and export tax;
c) Exemption from and reduction of land levy and
land rents;
d) Accelerated depreciation, increasing the
deductible expenses upon calculation of taxable income.
2. Entities eligible for investment incentives:
a) Investment projects in business lines eligible
for investment incentives specified in Clause 1 Article 16 of this Law;
b) Investment projects located in the areas
eligible for investment incentives specified in Clause 2 Article 16 of this
Law;
c) Any investment project whose capital is at least
VND 6,000 billion of which at least VND 6,000 billion is disbursed within 03
years from the issuance date of the investment registration certificate or the
approval for investment guidelines and which satisfies any of the following
criteria: the total revenue is at least VND 10,000 billion per year within 03
years from the year in which the revenue is earned or the project has more than
3,000 employees;
d) Projects on investment in social housing
construction; investment projects located in rural areas and employing at least
500 employees; investment projects that employ persons with disabilities in
accordance with regulations of law on persons with disabilities;
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e) Start-up projects, national innovation centers
and research and development centers;
g) Investment in business in small and medium-sized
enterprises’ product distribution chain; investment in business in technical
establishments supporting small and medium-sized enterprises, small and
medium-sized enterprise incubators; investment in business in co-working spaces
serving small and medium-sized enterprises and startups prescribed by the Law
on Small and Medium-Sized Enterprises.
3. Investment incentives shall be given to new
investment projects and expansion projects.
4. The level of each type of incentives shall be
specified by regulations of the Law on Taxation, the Law on Accounting and the
Law on Land.
5. The investment incentives applied to the objects
mentioned in Points b, c and d Clause 2 of this Article do not apply to:
a) Projects on investment in mineral mining;
b) Projects on investment in manufacturing/sale of
goods/services subject to special excise tax according to the Law on Special
Excise Tax, except for projects on manufacturing of automobiles, aircrafts and
yachts.
c) Projects on investment in commercial housing
construction prescribed by the Law on Housing.
6. Investment incentives
applied for a fixed term and on the basis of results of project execution. Every
investor must satisfy conditions for investment incentives in accordance with
regulations of law during the period of enjoying investment incentives.
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8. The Government shall elaborate this Article.
Article 16. Business lines and
areas eligible for investment incentives
1. Business lines eligible for investment
incentives:
a) Hi-tech activities, hi-tech supporting industry
products, research, manufacturing and development of products formed from
science and technology results in accordance with regulations of law on science
and technology;
b) Manufacturing of new materials, new energy,
clean energy, renewable energy; manufacturing of products with an added value
of 30% or more; energy-saving products;
c) Manufacturing of key electronics, mechanical
products, agricultural machinery, automobiles, automobile parts; shipbuilding;
d) Manufacturing of products on the List of
prioritized supporting industry products;
dd) Manufacturing of IT products, software
products, digital contents;
e) Breeding, growing and processing of agriculture
products, forestry products, aquaculture products; afforestation and forest
protection; salt production; fishing and fishing logistics services; production
of plant varieties, animal breeds and biotechnology products;
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h) Investment in development, operation, management
of infrastructural works; development of public transportation in urban areas;
i) Pre-school education, general education,
vocational education, higher education;
k) Medical examination and treatment; manufacturing
of medicinal products and medicinal materials, storage of medicinal products;
scientific research into preparation technology and biotechnology serving
creation of new medicinal products; manufacturing of medical equipment;
l) Investment in sports facilities for the disabled
or professional athletes; protection and promotion of value of cultural
heritage;
m) Investment in geriatric centers, mental health
centers, treatment for agent orange patients; care centers for the elderly, the
disabled, orphans, street children;
n) People's credit funds, microfinance
institutions;
o) Manufacturing of goods and provision of services
that create or participate in value chains and industry linkage clusters.
2. Areas eligible for investment incentives:
a) Disadvantaged areas and extremely disadvantaged
areas;
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3. According to the business lines and areas
eligible for investment incentives mentioned in Clause 1 and Clause 2 of this
Article, the Government shall compile and amend the List of business lines
eligible for investment incentives and the List of areas eligible for
investment incentives; determine business lines eligible for special investment
incentives to be included in the List of business lines eligible for investment
incentives.
Article 17. Procedures for applying investment
incentives
Based on the objects specified in Clause 2 Article
15 of this Law, the written approval for investment guidelines (if any), the
investment registration certificate (if any) and other relevant regulations of
law, investors shall determine investment incentives themselves and follow
procedures for enjoying investment incentives at the tax authority, finance
authority, customs authority or other competent authority corresponding to each
type of investment incentive.
Article 18. Forms of
investment assistance
1. Forms of investment incentives:
a) Assistance in development of technical
infrastructure and social infrastructure inside and outside the perimeter of
the investment project;
b) Assistance in training and development of human
resources;
c) Credit assistance;
d) Assistance in access to business premises;
assistance in relocation of business establishments under decisions of
regulatory agencies;
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e) Assistance in market development and information
provision;
g) Assistance in research and development.
2. The Government shall, according to the
orientation for socio-economic development and the ability to balance the state
budget in each period, specify the forms of investment assistance in Clause 1
of this Article which is provided for hi-tech enterprises, science and
technology enterprises, science and technology organizations, enterprises
investing in agriculture and rural areas, enterprises investing in education,
dissemination of laws and other entities.
Article 19. Assistance in
development of infrastructure of industrial parks, export-processing zones,
hi-tech zones and economic zones
1. Pursuant to the planning decided or approved in
accordance with regulations of the Law on Planning, Ministries, ministerial
agencies and provincial People’s Committees shall formulate plans for
investment and development and organize construction of technical infrastructure
and social infrastructure beyond industrial parks, export-processing zones,
hi-tech zones and dedicated areas of economic zones.
2. The State shall provide assistance for part of
the capital investment in development from the state budget and concessional
loan capital in order to synchronously develop the technical infrastructure and
social infrastructure inside and outside the perimeter of industrial parks in
disadvantaged areas or extremely disadvantaged areas.
3. The State shall provide assistance for part of
the capital investment in development from the state budget, concessional loan
capital, and employ other capital raising methods to develop the technical
infrastructure and social infrastructure in economic zones and hi-tech zones.
Article 20. Special investment incentives and
assistance
1. The Government shall decide to apply special
investment incentives and assistance with a view to encouraging the development
of some investment projects that exert significant socio-economic effects.
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a) Projects on investment in establishment
(including the expansion of such establishment project) of innovation centers
and research and development centers with a total investment capital of at
least VND 3,000 billion and disbursing at least VND 1,000 billion within 03
years from the issuance date of the investment registration certificate or the
approval for investment guidelines; the National Innovation Center established
under the Prime Minister's decision;
b) Investment projects in the business line
eligible for special investment incentives with an investment capital of at
least VND 30,000 billion and disbursing at least VND 10,000 billion within 03
years from the issuance date of the investment registration certificate or the
approval for investment guidelines.
3. Level and duration of application of special
investment incentives are prescribed by the Law on Corporate Income Tax and the
Law on Land.
4. Forms of special investment assistance are the
same as those mentioned in Clause 1 Article 18 of this Law.
5. Special investment incentives and assistance set
out in this Article do not apply to:
a) any investment project that has been granted the
investment certificate, the investment registration certificate or the decision
on investment guidelines before the effective date of this Law;
b) the investment projects mentioned in Clause 5
Article 15 of this Law.
6. The Government shall request the National
Assembly to decide to apply investment incentives other than those specified in
this Law and other laws if it is necessary to encourage the development of a
project of special importance or a special administrative - economic unit.
7. The Government shall elaborate this Article.
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INVESTMENT ACTIVITIES IN VIETNAM
Section 1. FORMS OF INVESTMENT
Article 21. Forms of
investment
1. Investment in establishment of a business
organization.
2. Investment in the form of capital contribution
or purchase of shares or stakes.
3. Execution of an investment project.
4. Investment in the BCC model.
5. New forms of investment and types of business
organizations prescribed by the Government's regulations.
Article 22. Investment in
establishment of a business organization
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a) A domestic investor shall establish a business
organization in accordance with regulations of law on enterprises and law
corresponding to each type of business organization;
b) A foreign investor that establishes a business
organization shall satisfy market access conditions applied to foreign
investors specified in Article 9 of this Law;
c) Before establishing a business organization, the
foreign investor must have an investment project and follow the procedures for
issuance or adjustment of an investment registration certificate, except for
establishment of a small and medium-sized start-up enterprise and a
startup investment fund in accordance with regulations of the Law on Small and
Medium-sized Enterprises.
2. From the date on which the enterprise
registration certificate or an equivalent document is issued, the business
organization established by a foreign investor shall be the investor that
executes the investment project set out in the investment registration
certificate.
Article 23. Conduct of
investment activities by foreign-invested business organizations
1. When establishing a business organization, when
making investment by contributing capital, purchasing shares or purchasing
stakes of a business organization or when making investment under a business
cooperation contract in one of the following cases, the foreign investor must
satisfy the conditions and follow investment procedures applied to foreign
investors:
a) Over 50% of its charter capital or more is held
by a foreign investor(s) or the majority of the general partners are foreigners
if the business organization is a partnership;
b) Over 50% of its charter capital or more is held
by a business organization(s) mentioned in Point a of this Clause;
c) Over 50% of its charter capital or more is held
by a foreign investor(s) and a business organization(s) mentioned in Point a of
this Clause.
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3. If a foreign-invested business organization that
is established in Vietnam has a new investment project, procedures for
executing such investment project shall be followed without having to establish
a new business organization.
4. The Government shall elaborate procedures for
establishing business organizations, and conduct of investment activities by
foreign investors and foreign-invested business organizations.
Article 24. Making investment
by contributing capital, purchasing shares or purchasing capital contributions
1. Investors are entitled to contribute capital,
purchase shares or purchase stakes of business organizations.
2. Foreign investors making investment by
contributing capital, purchasing shares and purchasing stakes of business
organizations must:
a) satisfy market access conditions applied to
foreign investors as prescribed in Article 9 of this Law;
b) ensure national defense and security in
accordance with this Law;
c) comply with regulations of the law on land and
conditions for receipt of land use rights and conditions for use of land on
islands or border or coastal communes.
Article 25. Forms of capital
contribution or purchase of shares or stakes
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a) Purchase of shares of joint-stock companies
through the initial public or additional issuance;
b) Contribution of capital to limited liability
companies and partnerships;
c) Contribution of capital to other business
organizations not mentioned in Point a and Point b of this Clause.
2. A investor may purchase shares or stakes of a
business organization in the following forms:
a) Purchase of shares in a joint-stock company from
such company or its shareholders;
b) Purchase of stakes of members of a limited
liability company to become a member of such limited liability company;
c) Purchase of stakes of a capital contributing
member of a partnership to become a capital contributing member of such
partnership;
d) Purchase of stakes of members of other economic
entities not mentioned in Points a, b and c of this Clause
Article 26. Procedures for
making investment by contributing capital, purchasing shares or purchasing
stakes
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2. A foreign investor shall follow procedures for
registration of capital contribution or purchase of shares or stakes of a
business organization prior to change of members or shareholders in one of the
following cases:
a) The capital contribution or purchase of shares
or stakes increases the ownership ratio by foreign investors in a business
organization conducting business in the restricted business lines;
b) The capital contribution or purchase of shares
or stakes results in a foreign investor or business organization specified in
Points a, b and c Clause 1 Article 23 of this Law holding over 50% of the
charter capital of the business organization in the following cases: The
holding of charter capital by the foreign investor is increased from less than
or equal to 50% to over 50%; the holding of charter capital by the foreign
investor is increased while such foreign investor is holding over 50% of the charter
capital of the business organization;
c) The foreign investor that contributes capital,
purchases shares or stakes of a business organization has a certificate of
rights to use land on an island or in a border or coastal commune; in a coastal
commune; in another area that affects national defense and security.
3. Investors other than those mentioned in Clause 2
of this Article shall follow procedures for changing shareholders/members as
prescribed by law when contributing capital, purchasing shares or stakes of
business organizations. If such investors wish to register their capital
contribution or purchase of shares or stakes of business organizations,
regulations in Clause 2 of this Article shall be complied with.
4. The Government shall provide specific
regulations on applications and procedures for capital contribution and
purchase of shares and stakes of business organizations specified in this
Article.
Article 27. Investment under
business cooperation contracts
1. Business cooperation contracts signed between
domestic investors shall be executed in accordance with the civil law.
2. Procedures for issuance of investment
registration certificates in Article 38 of this Law shall apply to business
cooperation contracts signed between a domestic investor and a foreign
investor, or between foreign investors.
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Article 28. Contents of a
business cooperation contract
1. A business cooperation contract shall contain at
least:
a) Names, addresses and authorized representatives
of parties to the contract; business address or project address;
b) Objectives and scope of business;
c) Contributions by the parties to the contract,
and distribution of business investment results between the parties;
d) Schedule and duration of the contract;
dd) Rights and obligations of parties to the
contract;
e) Adjustment, transfer and termination of the
contract;
g) Responsibilities for breaches of the contract;
method of dispute settlement.
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3. The parties to a business cooperation contract
are entitled to agree upon other items which are not contrary to law.
Section 2. APPROVAL FOR
INVESTMENT GUIDELINES AND INVESTOR SELECTION
Article 29. Selecting
investors to execute investment projects
1. The investor selection shall be carried out by:
a) holding land use right auction in accordance
with regulations of law on land; or
b) bidding to select an investor in accordance with
regulations of law on bidding; or
c) approving an investor as prescribed in Clauses 3
and 4 of this Article.
2. The method of
investor selection mentioned in Points a and b Clause 1 of this Article shall
be adopted after the approval for investment guidelines is granted, except for
the investment projects not subject to approval for investment guidelines.
3. If a land use right
auction is held but only one person registers for participation in the auction
or the auction is unsuccessful in accordance with regulations of law on land or
if bidding is conducted to select investors but only one investor registers for
participation in the bidding in accordance with regulations of law on bidding,
the competent authority shall carry out the procedures for approving an
investor if the investor satisfies the conditions prescribed by relevant law.
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a) The investor has the land use rights, except for
the case where the State expropriates land for national defense and security
purposes or for socio-economic development in the national or public interest
in accordance with regulations of law on land;
b) The investor receives the agricultural land use
rights, receives the agricultural land use rights as contributed capital or
leases the agricultural land use rights to execute an investment project on
non-agricultural production or business and the land is not subject to land
expropriation by the State in accordance with regulations of law on land;
c) The investor executes the investment project in
an industrial park or hi-tech zone;
d) Other cases not subject to an auction or bidding
in accordance with regulations of law.
5. The Government shall elaborate this Article.
Article 30. The National Assembly’s
power to approve investment guidelines
The National Assembly shall grant approval for
investment guidelines of the following investment projects:
1. Investment projects that exert great effects or
potentially serious effects on the environment, including:
a) Nuclear power plants;
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2. Investment projects that require repurposing of
land meant for wet rice cultivation during with 02 or more crops of at least
500 hectares;
3. Investment projects that require relocation of
20,000 people or more in mountainous areas or 50,000 people or more in other
areas;
4. Investment projects that require application of
a special mechanism or policy that needs to be decided by the National
Assembly.
Article 31. The Prime Minister’s power to
approve investment guidelines
Except for the investment projects mentioned in
Article 30 of this Law, the Prime Minister shall grant approval for investment
guidelines of the following investment projects:
1. Investment projects regardless of capital
sources in any one of the following cases:
a) Investment projects that require relocation of
10,000 people or more in mountainous areas or 20,000 people or more in other
areas;
b) Investment projects on construction of: airports
and aerodromes; runways of airports and aerodromes; international passenger
terminals; cargo terminals of airports and aerodromes with a capacity of at
least 1 million tonnes per year;
c) New investment projects on passenger air
transport business;
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dd) Investment projects on petroleum processing;
e) Investment projects which involve betting and
casino services, excluding business in prize-winning electronic games for
foreigners;
g)[2] Investment projects
on construction of residential housing (for sale, lease or lease purchase) and
urban areas that use at least 300 hectares of land or provide space for at
least 50,000 people;
g1)[3] Investment projects that comply with
the provisions of the law on cultural heritage, regardless of their size of
land used and population within the protection zone I of the relic recognized
by competent authorities as a national relic or a special national relic;
within the protection zone II of the relic recognized by competent authorites
as a special national relic on the list of world heritage sites;
h) Investment projects on construction and operation
of infrastructure in industrial zones and export processing zones;
2. Foreign investors’ investment projects in the
following fields: provision of telecommunications services with network
infrastructure; afforestation; publication, press;
3. Investment projects which at the same time fall
within the power of at least two provincial People's Committees to grant
approval for investment guidelines;
4. Other investment projects subject to approval
for their investment guidelines or subject to investment decision by the Prime
Minister as prescribed by law.
Article 32. The power of
provincial People’s Committees to approve investment guidelines
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a) Investment projects that request the State to
allocate or lease out land without auction or bidding for or receipt of land
use rights, and investment projects that request permission to repurpose land,
except for cases of allocation, lease or permission for repurposing of land of
households or individuals not subject to the written approval by the provincial
People's Committee in accordance with regulations of law on land;
b)[4]
Projects on construction of residential housing (for sale, lease or
lease purchase) and urban areas that use at least 300 hectares of land or
provide space for at least 50,000 people;
b1)[5] Investment
projects that comply with the provisions of the law on cultural heritage,
regardless of their size of land used and population within the protection zone
II of the relic recognized by competent authorities as a national relic or a
special national relic, except the special national relic on the list of world
heritages; investment projects, regardless of their size of land used and
population within areas subject to developmental restrictions or historic inner
areas or subregions (specified in the urban planning scheme) of special-grade
cities;
c) Projects on investment in golf course
construction and business;
d) Investment projects of foreign investors and
foreign-invested business organizations executed on islands or in border or
coastal communes; in other areas affecting national defense and security.
2. The investment guidelines of the investment
projects in Points a, b and d Clause 1 of this Article executed in industrial
parks, export-processing zones, hi-tech zones and economic zones in conformity
with planning approved by competent authorities shall be approved by management
boards of such industrial parks, export-processing zones, hi-tech zones and
economic zones.
3. The Government shall elaborate this Article.
Article 33. Applications for
and contents of appraisal of requests for investment guideline approval
1. An application for approval for investment
guidelines of an investment project proposed by an investor includes:
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b) A document about the investor’s legal status;
c) Document(s) proving the financial capacity of
the investor including at least one of the following documents: the investor’s
financial statements for the last two years; commitment of a parent company to
provide financial support; commitment of a financial institution to provide
financial support; guarantee for the investor’s financial capacity; other
document proving the investor’s financial capacity;
d) Proposal for the investment project including
the following main contents: investor or method of investor selection,
investment objectives, investment scale, investment capital and plan for
raising capital, location, duration and schedule of the investment project,
information about the current use of land in the location of the project and
proposed demand for land use (if any), demand for labor, proposal for
investment incentives, impact and socio – economic efficiency of the project
and preliminary assessment of environmental impact (if any) in accordance with
regulations of law on environmental protection.
If the law on construction requires formulation of
a pre-feasibility study report, the investor is entitled to submit the
pre-feasibility study report instead of a proposal for the investment project;
dd) If the project does not require the State to
allocate or lease out land or to permit land repurposing, a copy of the
document regarding the land use rights or other document identifying the right
to use the location for execution of the investment project is required to be
submitted;
e) Contents of the explanation for the technology
to be used in the investment project if the project requires appraisal and
collection of opinions on the technology in accordance with the law on
technology transfer;
g) The business cooperation contract if the
investment project is executed under a business cooperation contract;
h) Other documents relating to the investment
project, and requirements on the eligibility and capacity of the investor in
accordance with regulations of law (if any).
2. An application for approval for investment
guidelines of an investment project prepared by a competent authority includes:
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b) Proposal for the investment project including
the following main contents: investment objectives, investment scale,
investment capital and plan for raising capital, location, duration and
schedule of the investment project; information about the current use of land
in the location of the project, conditions for land expropriation if the
project is subject to land expropriation, expected demand for land use (if
any); preliminary assessment of environmental impact (if any) in accordance
with the law on protection of the environment protection; expected method of
investor selection and conditions applicable to the investor (if any); and
special mechanisms and policies (if any).
If the law on construction requires formulation of
a pre-feasibility study report, the competent authority is entitled to submit
the pre-feasibility study report instead of a proposal for the investment
project.
3. Contents of appraisal of the request for
investment guideline approval include:
a) Assessment of the conformity of the investment
project with national planning, regional planning, provincial planning, urban
planning and special economic - administrative unit planning (if any);
b) Assessment of the demand for land use;
c) Preliminary assessment of the socio-economic
efficiency of the project; and preliminary assessment of environmental impact
(if any) in accordance with regulations of law on environmental protection;
d) Assessment of investment incentives and
conditions for enjoying investment incentives (if any);
dd) Assessment of the technology to be used in the
investment project if the project requires appraisal and collection of opinions
on the technology in accordance with the law on technology transfer;
e) Assessment of conformity of the investment
project with the objectives and orientation for urban development, and
residential housing development programs and plans; preliminary plan for
phasing of investment with a view to synchronism assurance; preliminary
structure of residential housing products and provision of land for social
residential housing development; preliminary plan for investment in
construction and management of urban infrastructure inside and outside the
project in the case of an project on investment in construction of residential
houses and urban areas.
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4. Contents of appraisal of the request for both
investment guideline approval and investor approval:
a) The contents specified in Clause 3 of this
Article;
b) The ability to satisfy the conditions for land
allocation or land lease in the case of land allocation or land lease without
auction of the land use right or bidding for investor selection; the ability to
satisfy the conditions for land repurposing if the project requires land
repurposing;
c) Assessment of satisfaction of market access
conditions applied to foreign investors (if any);
d) Other conditions applicable to the investor in
accordance with relevant regulations of law.
5. The Government shall elaborate this Article.
Article 34. Procedures for investment guideline
approval by the National Assembly
1. The application specified in Clauses 1 and 2
Article 33 of this Law shall be submitted to the Ministry of Planning and
Investment.
2. Within 15 days from the date on which the
sufficient application is received, the Ministry of Planning and Investment shall
submit a report to the Prime Minister and request establishment of a State
Appraisal Council.
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4. At least 60 days before the opening of the
meeting of the National Assembly, the Government shall prepare an application
for investment guideline approval and submit it to the National Assembly’s
agency presiding over validation.
5. The application for investment guideline
approval includes:
a) The Government’s application form;
b) The application mentioned in Clause 1 of this
Article;
c) The State appraisal council’s appraisal report;
d) Other relevant documents.
6. Contents of validation of the request for
investment guideline approval include:
a) Fulfillment of the criteria for determining that
the investment project is subject to approval for its investment guidelines by
the National Assembly;
b) Necessity of executing the investment project;
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d) Objectives, scale, location, duration, execution
schedule of the investment project, demand for land use, land clearance and
relocation plan, options to select primary technologies, and solutions for
environmental protection;
dd) Capital investment and capital sources;
e) Assessment of socio-economic efficiency,
national defense, security assurance and sustainable development of the
investment project;
g) Special policies and mechanisms; investment
incentives, investment assistance and conditions for application thereof (if
any).
7. The Government and relevant organizations or
individuals shall provide sufficient information and documents serving
validation; provide explanation for the project contents at the request of the
National Assembly’s agency in charge of validation.
8. The National Assembly shall consider passing a
Resolution on approval for investment guidelines, which consists of the
contents prescribed in Clause 1 Article 3 of this Law.
9. The Government shall elaborate on the procedures
for appraisal by the State Appraisal Council.
Article 35. Procedures for investment guideline
approval by the Prime Minister
1. The application specified in Clauses 1 and 2
Article 33 of this Law shall be submitted to the Ministry of Planning and
Investment.
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3. Within 15 days from receipt of the written
request for opinions, the requested agencies shall send their appraisal
opinions on the contents under their management to the Ministry of Planning and
Investment.
4. Within 40 days from the receipt of the
application, the Ministry of Planning and Investment shall appraise it and
prepare an appraisal report including the contents specified in Article 33 of
this Law, and then submit it to the Prime Minister for investment guidelines
approval.
5. The Prime Minister shall consider granting
investment guideline approval comprising the contents set out in Clause 1
Article 3 of this Law.
6. Regarding the investment project specified in
Clause 3 Article 31 of this Law, the Prime Minister shall appoint an investment
registration authority of a province or central-affiliated city to issue an
investment registration certificate to the entire project.
7. The Government shall elaborate procedures for
appraising the investment projects whose investment guidelines are approved by
the Prime Minister.
Article 36. Procedures for
investment guideline approval by provincial People’s Committees
1. The application specified in Clauses 1 and 2
Article 33 of this Law shall be submitted to the investment registration
authority.
Within 35 days from the receipt of the application,
the investment registration authority shall notify results to the investor.
2. Within 03 working days from the date on which
the sufficient application is received, the investment registration authority
shall send relevant documents to relevant regulatory agencies to seek their
opinions about the contents specified in Article 33 of this Law.
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4. Within 25 days from the receipt of the
application, the investment registration authority shall prepare an appraisal
report with the contents prescribed in Article 33 of this Law and submit it to
the provincial People's Committee.
5. Within 07 working days from the receipt of the
application and the appraisal report, the provincial People’s Committee shall
grant the investment guideline approval, and provide a written explanation in
the case of refusal.
6. The provincial People’s Committee shall consider
granting investment guideline approval comprising the contents set out in
Clause 1 Article 3 of this Law.
Section 3. PROCEDURES FOR
ISSUANCE, ADJUSTMENT AND REVOCATION OF INVESTMENT REGISTRATION CERTIFICATE
Article 37. Cases in which the
investment registration certificate is required
1. The investment registration certificate is
required in the following cases:
a) Investment projects of foreign investors;
b) Investment projects of the business
organizations mentioned in Clause 1 Article 23 of this Article.
2. Cases in which the investment registration
certificate is not required:
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b) Investment projects of the business
organizations mentioned in Clause 2 Article 23 of this Article;
c) Investment in the form of capital contribution,
purchase of shares or stakes in a business organization;
3. Domestic investors and the business
organizations mentioned in Clause 2 Article 23 of this Article shall execute
the investment projects mentioned in Article 30, Article 31 and Article 32 of
this Law after their investment guidelines are approved.
4. Any investor that wishes to obtain an investment
registration certificate for an investment project prescribed in Point a or
Point b Clause 2 of this Article shall follow the procedures in Article 38 of
this Law.
Article 38. Procedures for
issuance of the investment registration certificate
1. If the investment project is subject to approval
for its investment guidelines as prescribed in Article 30, Article 31 and
Article 32 of this Law, the investment registration authority shall issue the
investment registration certificate to the investor within:
a) 05 working days from the receipt of the written
approval for investment guidelines and the written approval for investor with
respect to the investment project that is subject to issuance of an investment
registration certificate;
b) 15 days from the receipt of the investor’s
investment registration certificate with respect to the investment project
other than that specified in Point a of this Clause.
2. If the investment project is not subject to
approval for its investment guidelines as prescribed in Article 30, Article 31
and Article 32 of this Law, the investor shall be issued with the investment
registration certificate if the following conditions are met:
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b) There is a location for execution of the
investment project;
c) The investment project is conformable with the
planning specified in Point a Clause 3 Article 33 of this Law;
d) The investment per m2 (or investment per
employee) is not smaller than the minimum requirement;
dd) Market access conditions applied to foreign
investors are satisfied.
3. The Government shall elaborate conditions,
applications and procedures for issuance of the investment registration
certificate.
Article 39. The power to issue,
adjust and revoke investment registration certificates
1. Management boards of industrial parks,
export-processing zones, hi-tech zones and economic zone shall issue, adjust
and revoke investment registration certificates with regard to the investment
projects located therein, except for the case specified in Clause 3 of this
Article.
2. Departments of Planning and Investment shall
issue, adjust and revoke investment registration certificates with respect to
the investment projects outside industrial parks, export-processing zones,
hi-tech zones and economic zones, except for the case in Clause 3 of this
Article.
3. The investment registration authority of the
administrative division where the investor executes the investment project,
places or intends to place the head office or operating office to execute the
investment project shall issue, adjust and revoke investment registration
certificates with respect to the following investment projects:
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b) Investment projects that are executed both
inside and outside industrial parks, export processing zones, hi-tech zones and
economic zones;
c) Investment projects which are executed inside
industrial parks, export processing zones, hi-tech zones or economic zones
where the industrial park, export processing zone, hi-tech zone or economic
zone management boards have not yet been established or which are not under the
management of the industrial park, export processing zone, hi-tech zone or economic
zone management boards.
4. The authority that receives investment project
dossiers is the one that has the power to issue investment registration
certificates, except for the cases specified in Articles 34 and 35 of this Law.
Article 40. Contents of investment
registration certificate
1. Name of the investment project.
2. The investor.
3. Investment project code.
4. Location and land area of the investment
project.
5. Objectives and scale of the project.
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7. Duration of the investment project.
8. Project execution schedule, including:
a) Capital contribution and capital raising
schedule;
b) Schedule of achievement of primary operational
objectives of the investment project; execution schedule of each stage (if the
project is divided into multiple stages).
9. Investment incentives or investment assistance,
and bases or conditions for application thereof (if any).
10. Conditions applied to the investor executing
the investment project (if any).
Article 41. Adjusting the
investment project
1. During execution of an investment project, the
investor is entitled to adjust its objectives, transfer the project in part or
in full, merge projects or fully divide or partially divide a project into
multiple projects or exercise the rights to use land and property on land which
is part of the investment project to contribute capital to establish an
enterprise, carry out business cooperation or carry out other activities, and
the aforementioned activities shall comply with regulations of law.
2. The investor shall follow procedures for
adjusting the investment registration certificate if the adjustment to the
investment project changes any content of the investment registration
certificate.
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a) Any objective specified in the written approval
for investment guidelines is changed; any objective that is subject to approval
for investment guidelines is added;
b) The land area is increased or reduced by 10% or
more than 30 hectares or the investment location is changed;
c) The total investment capital is increased or
reduced by 20% or more, thereby changing the scale of the investment project;
d) Extension of the project execution schedule
results in total duration of the project being extended by more than 12 months
compared to that stated in the first written approval for investment
guidelines;
dd) The duration of the investment project is
adjusted;
e) Any technology that has been appraised or about
which opinions have been collected during the process of approving the
investment guidelines is changed;
g) There is a change of the investor in the
investment project whose investment guidelines are approved together with
approval for the investor before the exploitation or operation of the project
or there is a change of conditions (if any) applicable to the investor.
4. With respect to the investment project whose
investment guidelines are approved, the investor is not allowed to extend the
investment execution schedule by more than 24 months compared to that stated in
the first written approval for investment guidelines, except for one of the
following cases:
a) It is necessary to remedy the consequences of an
event of force majeure in accordance with the civil law and the land law;
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c) The project execution schedule is adjusted at
the request of a regulatory agency or the regulatory agency delays in
performing administrative procedures;
d) The investment project is adjusted because the
regulatory agency changes the planning;
dd) Any objective specified in the written approval
for investment guidelines is changed; any objective that is subject to approval
for investment guidelines is added;
e) The total investment capital is increased or
reduced by 20% or more, thereby changing the scale of the investment project.
5. The regulatory agency that has the power to
approve investment guidelines also has the power to approve the adjustment to
investment guidelines.
If a request for adjustment of an investment
project results in the project being subject to approval for its investment
guidelines by an authority at a higher level, such authority will have the
power to adjust the adjustment to investment guidelines as prescribed in this
Article.
6. Procedures for adjusting investment guidelines
are specified in Articles 34, 35 and 36 of this Law.
7. If a request for adjustment of an investment
project results in the project being subject to approval for its investment
guidelines, the investor has to apply for approval for investment guidelines
before adjusting the investment project.
8. The Government shall elaborate this Article.
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Article 42. Rules for
execution of investment projects
1. For a project subject to approval for its
investment guidelines, the approval for investment guidelines shall be granted
before the investor executes the investment project.
2. For a project subject to issuance of an
investment registration certificate, the investor shall follow the procedures
for issuance of the investment registration certificate before executing the
investment project.
3. Investors shall comply with regulations of this
Law and the laws on planning, land, environment, construction, labor and fire
prevention and fighting; other relevant regulations of law, written approval
for investment guidelines (if any) and the investment registration certificate
(if any) during execution of their investment projects.
Article 43. Guarantee for
execution of investment projects
1. The investor shall pay a deposit or have a bank
guarantee for investment project execution if the project uses land allocated
or leased out by the State or is permitted by the State to repurpose land,
except for the following cases:
a) The investor is the successful bidder for the
right to use a land area that is allocated by the State for land levy or leased
out by the State for a lump-sum rent;
b) The investor wins bidding for execution of an
investment project using land;
c) The State allocates or leases out land to the
investor on the basis of receipt of an investment project for which a deposit
has already been paid or for which the capital has been fully contributed or
raised following the schedule specified in the written approval for investment
guidelines or the investment registration certificate;
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2. Based on the scale, nature and execution
schedule of each investment project, the deposit for assurance of project
execution is 01% - 03% of the investment capital of the project. If a project
comprises multiple investment phases, the amount of deposit shall be paid and
returned in each phase of execution of the investment project, except for the
case in which the deposit is not returned.
3. The Government shall elaborate this Article.
Article 44. Duration of
investment projects
1. The duration of an investment project inside an
economic zone shall not exceed 70 years.
2. The duration of an investment project outside an
economic zone shall not exceed 50 years. The duration of an investment project
in a disadvantaged area or extremely disadvantaged area or a project with large
investment capital but with slow rate of capital recovery may be longer but
shall not exceed 70 years.
3. If an investment project uses land allocated or
leased out by the State, but the transfer of land is delayed, the delay shall
not be included in the project duration or execution schedule.
4. Upon expiry of the duration of an investment
project, if the investor wishes to keep executing the investment project and
satisfies the conditions as prescribed by law, the duration of the investment
project may be extended but shall not exceed the maximum prescribed in Clauses
1 and 2 of this Article, except for the following investment projects:
a) Investment projects using obsolete, environment
threatening or resource-intensive technologies;
b) Investment projects in which the investor must
transfer assets without reimbursement to the State of Vietnam or the Vietnamese
side.
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Article 45. Determination of
value of investment capital; assessment of value of investment capital;
assessment of machinery, equipment and technological lines
1. Every investor shall ensure the quality of
machinery, equipment and technological lines for execution of investment
projects in accordance with regulations of law.
2. The investor shall self-determine the value of
the investment capital of the investment project after the project is put into
operation.
3. Where necessary, to ensure state management of
science and technology or to form a basis for tax calculation, the competent
authority has the power to require independent assessment of the value of the
investment capital, quality and value of machinery, equipment and technological
lines after the investment project is put into operation.
4. The investor must bear any expenses for
assessment if the assessment results lead to an increase in the tax obligations
discharged to the State.
5. The Government shall elaborate this Article.
Article 46. Transfer of
investment projects
1. An investor is entitled to transfer part or
whole of the investment project to another investor when the following
conditions are satisfied:
a) The investment project or the part of the
investment project which is transferred has not been terminated in accordance
with Clauses 1 and 2 Article 48 of this Law;
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c) The conditions set forth the law on land are
complied with if the transfer of an investment project is associated with
transfer of the land use rights/assets on land;
d) The conditions set forth in the laws on
residential housing and on real estate business are complied with in the case
of transfer of a residential housing construction project or real estate project
are complied with;
dd) The conditions set forth in the written
approval for investment guidelines or the investment registration certificate
or in accordance with other relevant regulations of law (if any) are complied
with;
e) Upon transfer of an investment project, in
addition to compliance with this Article, the state-owned enterprise shall
comply with the Law on Management and Use of State Capital Invested in
Manufacturing and Business Activities of Enterprises before making any
adjustment to the investment project.
2. If the conditions for transfer set forth in
Clause 1 of this Article are satisfied, the investor shall follow the
procedures for transferring the entire investment project in part or in full as
follows:
a) In the case of an investment project in which
the investor has been approved in accordance with Article 29 of this Law and
the investment project has been issued with an investment registration
certificate, the investor shall follow procedures for adjusting the investment
project as prescribed in Article 41 of this Law;
b) For an investment project other than that
prescribed in Point a of this Clause, the transfer of the investment project or
transfer of asset ownership to the investor receiving the investment project
shall be carried out in accordance with the civil law, the law on enterprises,
the law on real estate business and other regulations of law.
Article 47. Suspension of
investment projects
1. When suspending an investment project, the
investor must notify the investment registration authority in writing. If the
project has to be suspended in a force majeure event, the State shall allow the
investor to be exempt from paying land rents or reduce land levies for the
suspension period with a view to remedy consequences caused by the force
majeure event.
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a) To protect sites/monuments, relics, antiques or
national treasures in accordance with the Law on Cultural Heritage;
b) To rectify a violation of the law on
environmental protection at the request of the environment authority;
c) To take measures to ensure occupational safety
at the request of the labor authority;
d) Pursuant to a judgment or decision of a court or
an arbitral award;
dd) The investor fails to adhere to the written
approval for investment guidelines or the investment registration certificate
and recommits administrative violations after incurring penalties.
3. The Prime Minister shall decide to suspend a
project in part or in full if the project execution is detrimental or
potentially detrimental to national defense and security at the request of the
Ministry of Planning and Investment.
4. The Government shall elaborate conditions,
procedures and time limit for suspending investment projects in accordance with
this Article.
Article 48. Termination of
investment projects
1. An investor shall terminate their investment
activities and/or investment project in the following cases:
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b) The project has to be terminated according to
the conditions set out in the contract or charter of the enterprise;
c) The project duration is over.
2. The investment registration authority shall
terminate an investment project in part or in full in the following cases:
a) The investor fails to overcome the difficulties
that lead to project suspension in the cases mentioned in Clause 2 and Clause 3
Article 47 of this Law;
b) The investor is no longer permitted to keep
using the investment location and fails to complete the procedures for change
of investment location within 06 months from the date on which the investor is
no longer permitted to use the investment location, except for the case
specified in Point d of this Clause;
c) The investment registration authority cannot
contact the investor or the investor’s legal representative after 12 months
from the date of suspension of the project;
d) Land reserved for the investment project is
expropriated by the State for the reason that the land is not used or the land
use is delayed in accordance with regulations of law on land;
dd) The investor fails to pay the deposit or obtain
a bank guarantee as prescribed by law if project execution security is
required;
e) The investor conducted the investment activities
on the basis of a sham civil transaction in accordance with the civil law;
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3. Regarding a project subject to approval for its
investment guidelines, the investment registration authority shall terminate
the investment project after obtaining the opinion of the authority granting
approval for investment guidelines.
4. The investor shall themself liquidate the
investment project in accordance with the law on liquidation of assets upon
termination of the investment project, except for the case specified in Clause
5 of this Article.
5. The settlement of the rights to use land and
property on land upon termination of the investment project shall comply with the
law on land and other relevant regulations of law.
6. The investment registration authority shall
decide to revoke the investment registration certificate if the investment
project is terminated in accordance with Clause 2 of this Article, except for the
case of termination of part of the investment project.
7. The Government shall elaborate procedures for
terminating investment projects in accordance with this Article.
Article 49. Establishment of
operating office of foreign investor to business cooperation contract
1. A foreign investor to a business cooperation
contract may establish an operating office in Vietnam to execute the contract.
The location of the operating office shall be decided by the foreign investor
depending on the requirements for contract execution.
2. The operating office of a foreign investor to a
business cooperation contract has its own seal; the foreign investor may open
an account, hire employees, sign contracts and carry out business activities
under the business cooperation contract and Certificate of registration of
operating office.
3. The foreign investor to the business cooperation
contract shall submit the application for registration of operating office to
the investment registration authority of the area where the operating office is
intended to be located.
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a) An application form which specifies the name and
address of the representative office in Vietnam (if any) of the foreign
investor to the business cooperation contract; name and address of the
operating office; contents, duration, and operating scope of the operating
office; full name, residence, ID Card or Citizen ID Card number or passport
number of the head of the operating office;
b) The decision of the foreign investor to the
business cooperation contract for establishment of an operating office;
c) A copy of the decision to appoint the head of
the operating office;
d) A copy of the business cooperation contract.
5. Within 15 days from the receipt of the
application prescribed in Clause 4 of this Article, the investment registration
authority shall issue the Certificate of registration of operating office to
the foreign investor to the business cooperation contract.
Article 50. Shutdown of operating
office of foreign investor to business cooperation contract
1. Within 07 working days from the day on which the
decision to shut down the operating office is issued, the foreign investor
shall send a folder to the investment registration authority of the area where
the operating office is located.
2. The folder consists of:
a) A decision to shut down the operating office in
the case of shutdown of the operating office ahead of schedule;
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c) A list of employers and their benefits provided;
d) A tax authority’s certification of fulfillment
of tax liability;
dd) A social security authority’s certification of
fulfillment of social insurance obligations;
e) The certificate of operating office registration;
g) A copy of the investment registration
certificate;
h) A copy of the business cooperation contract.
3. Within 15 days from the receipt of the
application prescribed in Clause 2 of this Article, the investment registration
authority shall issue the decision to shut down the operating office.
Chapter V
OUTWARD INVESTMENT ACTIVITIES
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Article 51. Rules for carrying
out outward investment activities
1. The State encourages outward investment in order
to exploit, develop and expand the market; improve the export of goods and
services, earn foreign currencies; access modern technologies, raise the
managerial capability and develop resources for socio-economic development.
2. Investors carrying out outward investment
activities shall comply with this Law, other relevant regulations of law, laws
of the countries or territories that receive investment (hereinafter referred
to as “host countries”) and relevant international treaties, and themselves
take responsibility for the efficiency in outward investment activities.
Article 52. Forms of outward
investment
1. Investors shall carry out outward investment
activities in the following forms:
a) Establishment of a business organization in
accordance with the law of the host country;
b) Making investment on the basis of an overseas
contract;
c) Contribution of capital to, purchase of shares
or stakes of an overseas business organization to participate in management of
such business organization;
d) Trading in securities, other financial
instruments, or making investment via securities investment funds and other
intermediary financial institutions in a foreign country;
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2. The Government shall elaborate the forms of
investment mentioned in Point d Clause 1 of this Article.
Article 53. Business lines
banned from outward investment
1. Business lines specified in Article 6 of this
Law and relevant international treaties.
2. Business lines with technologies and products
banned from export in accordance with the law on foreign trade management.
3. Business lines banned from business investment
in accordance with regulations of laws of the host countries.
Article 54. Business lines banned from outward
investment
1. Business lines subject to conditional outward
investment include:
a) Banking;
b) Insurance;
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d) Press, radio and television;
dd) Real estate business.
2. The conditions for making business investment in
the business lines mentioned in Clause 1 of this Article are specified in the
Laws and Resolutions of the National Assembly, Ordinances and Resolutions of
the Standing Committee of the National Assembly, Decrees of the Government and
international investment-related treaties to which the Socialist Republic of
Vietnam is a signatory.
Article 55. Sources of capital
for outward investment
1. Investors shall contribute capital and raise
capital to carry out outward investment activities.
2. Borrowing foreign currency loans and
transferring foreign currency investment capital must comply with the
conditions and procedures prescribed in the laws on banking, credit
institutions and foreign exchange management.
3. According to objectives of monetary policies and
foreign currency management policies in each period, the State Bank of Vietnam
shall promulgate regulations on grant of foreign currency loans by credit
institutions and branches of foreign banks in Vietnam to investors as
prescribed in Clause 2 of this Article to carry out outward investment
activities.
Section 2. PROCEDURES FOR
GRANTING APPROVAL FOR OUTWARD INVESTMENT GUIDELINES AND MAKING OUTWARD
INVESTMENT DECISIONS
Article 56. The power to
approve outward investment guidelines
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a) Investment projects with outward investment
capital of VND 20,000 billion or more;
b) Investment projects that require application of
a special mechanism or policy that needs to be decided by the National
Assembly.
2. Except for the investment projects mentioned in
Article 1 of this Law, the Prime Minister shall grant approval for outward
investment guidelines of the following investment projects:
a) Investment projects in the banking, insurance,
securities, press, radio, television and telecommunications fields with outward
investment capital of VND 400 billion or more;
b) Investment projects not mentioned in Clause a of
this Article with outward investment capital of VND 800 billion or more.
3. Investment projects not mentioned in Clauses 1
and 2 of this article are not subject outward investment guideline approval.
Article 57. Dossiers and
procedures for outward investment guideline approval by the National Assembly
1. The investor shall submit an outward investment
project dossier to the Ministry of Planning and Investment. The dossier
consists of:
a) An outward investment registration form;
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c) A proposal for the investment project containing
at least: form, objectives, scale, and investment location; preliminary
determination of investment capital, capital raising plan and structure of
capital sources; project execution schedule, investment phases (if any);
preliminary analysis of the efficiency of the project;
d) Document(s) proving the financial capacity of
the investor including at least one of the following documents: the investor’s
financial statements for the last two years of the investor; a parent company’s
commitment to provide financial support; a financial institution’s commitment
to provide financial support; guarantee for the investor’s financial capacity;
other document proving the investor’s financial capacity;
dd) A commitment to themself balance sources of
foreign currency or a commitment of an authorized credit institution to provide
foreign currency for the investor;
e) A document issued by the ownership
representative agency which approves the investor to carry out outward
investment activities, and report on internal appraisal of the outward
investment proposal of the state-owned enterprise as prescribed in Clause 1
Article 59 of this Law or decision on outward investment as prescribed in
Clause 2 Article 59 of this Law;
g) With regard to an outward investment project in
the business lines specified in Clause 1 Article 54 of this Law, the investor
shall submit a written certification of the investor’s fulfillment of
conditions for outward investment issued by a competent authority in accordance
with the relevant regulations of law (if any).
2. Within 05 working days from the date on which
the sufficient dossier is received, the Ministry of Planning and Investment
shall submit it to the Prime Minister for establishment of a State Appraisal Council.
3. Within 90 days from the date of its
establishment, the State Appraisal Council shall organize appraisal and prepare
an appraisal report for submission to the Government. An appraisal report shall
contain:
a) Conditions for issuance of an outward investment
registration certificate prescribed in Article 60 of this Law;
b) Legal status of the investor;
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d) Conformity of the investment project with Clause
1 Article 51 of this Law;
dd) Form, scale, location and execution schedule of
the investment project, outward investment capital and sources of capital;
e) Assessment of level of risks in the host
country.
4. At least 60 days before the opening of the
meeting of the National Assembly, the Government shall prepare an application
for outward investment guideline approval and submit it to the National
Assembly’s agency presiding over validation.
5. An application for outward investment guideline
approval includes:
a) The Government’s application form;
b) The dossier mentioned in Clause 1 of this
Article;
c) The State appraisal council’s appraisal report;
d) Other relevant documents.
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a) Fulfillment of the criteria for determining that
the investment project is subject to approval for its investment guidelines by
the National Assembly;
b) Necessity of conducting outward investment
activities;
c) Conformity of the investment project with Clause
1 Article 51 of this Law;
d) Form, scale, location and execution schedule of
the investment project, outward investment capital and sources of capital;
dd) Assessment of level of risks in the host
country;
e) Special policies and mechanisms; investment
incentives, investment assistance and conditions for application thereof (if
any).
7. The Government and relevant organizations or
individuals shall provide sufficient information and documents serving
validation; provide explanation for the project contents at the request of the
National Assembly’s agency in charge of validation.
8. The National Assembly shall consider passing a
resolution on the outward investment guideline approval containing the
following contents:
a) The investor executing the project;
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c) Outward investment capital, and sources of such
capital;
d) Special policies and mechanisms; investment
incentives, investment assistance and conditions for application thereof (if
any).
9. The Government shall elaborate on the conditions
and procedures for appraisal of outward investment project dossiers by the
State Appraisal Council.
Article 58. Dossiers and
procedures for outward investment guideline approval by the Prime Minister
1. Investment project dossiers shall be prepared as
prescribed in Clause 1 Article 57 of this Law.
2. The investor shall submit an outward investment
project dossier to the Ministry of Planning and Investment. Within 03 working
days from the date on which the sufficient dossier is received, the Ministry of
Planning and Investment shall relevant documents to relevant regulatory
agencies to seek their opinions.
3. Within 15 days from receipt of the written
request for opinions, the requested agencies shall give their written opinions
about the contents under their management.
4. Within 30 days from the date on which the
application is received, the Ministry of Planning and Investment shall organize
appraisal and prepare an appraisal report for submission to the Government. The
appraisal report includes the contents specified in Clause 3 Article 57 of this
Law.
5. The Prime Minister shall consider granting
outward investment guideline approval comprising the contents set out in Clause
8 Article 57 of this Law.
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1. A decision on outward investment by a
state-owned enterprise shall be made in accordance with the law on management
and use of state capital invested in manufacturing and business activities of
enterprises and other relevant regulations of law.
2. Outward investment activities not mentioned in
Clause 1 of this Article shall be decided by investors in accordance with the
Law on Enterprises.
3. Investors and authorities making decisions on
the outward investment as prescribed in Clauses 1 and 2 of this Article shall
take responsibility for their decisions on outward investment.
Section 3. PROCEDURES FOR
ISSUANCE, ADJUSTMENT AND INVALIDATION OF OUTWARD INVESTMENT REGISTRATION
CERTIFICATE
Article 60. Conditions for
issuance of outward investment registration certificate
1. Outward investment activities shall adhere to
the rules prescribed in Article 51 of this Law.
2. Outward investment activities do not involve any
business line banned from outward investment as prescribed in Article 53 of
this Law and conditions for outward investment applicable to business lines
subject to conditional outward investment as prescribed in Article 54 of this
Law are satisfied.
3. The investor makes a commitment to prepare
foreign currencies themself or obtains a commitment to prepare foreign
currencies from an authorized credit institution for the purposes of conducting
outward investment activities.
4. There is an outward investment decision as
prescribed in Article 59 of this Law.
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Article 61. Conditions for
issuance of outward investment registration certificate
1. If the investment project is subject to approval
for its outward investment guidelines, the Ministry of Planning and Investment
shall issue the outward investment registration certificate to the investor
within 05 working days from receipt of the written approval for investment
guidelines and the outward investment decision prescribed in Article 59 of this
Law.
2. Regarding the investment project not mentioned
in Clause 1 of this article, the investor shall submit an application for
issuance of an outward investment registration certificate to the Ministry of
Planning and Investment. . The application consists of:
a) An outward investment registration form;
b) A document about the investor’s legal status;
c) The outward investment decision prescribed in
Article 59 of this Law;
d) A commitment to balance foreign currency sources
or a commitment of an authorized credit institution to provide foreign
currencies for the investor prescribed in Clause 3 Article 60 of this Law;
dd) With regard to an outward investment project in
the business lines specified in Clause 1 Article 54 of this Law, the investor
shall submit a certification of the investor’s fulfillment of conditions for
outward investment issued by a competent authority in accordance with the
relevant regulations of law (if any).
3. In case the amount of foreign currency capital
transferred abroad is VND 20 billion or more, the Ministry of Planning and
Investment shall request the State Bank of Vietnam to provide opinions in
writing.
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5. The Government shall elaborate procedures for
appraising outward investment projects; issue, adjust and invalidate outward
investment registration certificates.
Article 62. Contents of
outward investment registration certificate
1. Investment project code.
2. The investor.
3. Name of the investment project and name of the
foreign business organization (if any).
4. Investment objectives and location.
5. Investment form, investment capital and sources
of such capital, investment capital form, outward investment schedule.
6. Rights and obligations of the investor.
7. Investment incentives and assistance (if any).
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1. An investor shall follow procedures for
adjusting the outward investment registration certificate in the following
cases:
a) Change of the Vietnamese investor;
b) Change of the investment form;
c) Change of outward investment capital; sources of
investment capital and form of such capital;
d) Change of investment location with respect to
the investment project requiring an investment location;
dd) Change of main objective of the outward
investment activity;
e) Use of profit derived from outward investment
according to Points a and b Clause 1 Article 67 of this Law.
2. The investor must update changes other than
those prescribed in Clause 1 of this Article on the National Investment
Information System.
3. An application for adjustment of the outward
investment registration certificate includes:
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b) A document about the investor’s legal status;
c) A report on operation of the investment project
up to the date of submission of the application for adjustment of the outward
investment registration certificate;
d) A decision on adjustment to the outward
investment activity pursuant to Article 59 of this Law or the documents
prescribed in Point e Clause 1 Article 57 of this Law;
dd) A copy of the outward investment registration
certificate;
e) The tax authority’s certification of the
investor’s fulfillment of the tax payment obligation in case of increasing the
outward investment capital. Such certification must be issued by the tax
authority within the last 03 months.
4. The Ministry of Planning and Investment shall
adjust the outward investment registration certificate within 15 days from
receipt of the application specified in Clause 3 of this Article.
5. If the investment project is subject to approval
for its outward investment guidelines, the Ministry of Planning and Investment
shall follow procedures for approving the adjustment to the outward investment
guidelines before adjusting the outward investment registration certificate as
prescribed in Clause 1 of this Article and Clause 8 Article 57 of this Law.
6. If the adjustment to the outward investment
registration certificate results in the investment project being subject to
approval for its outward investment guidelines, the investor has to apply for
approval for outward investment guidelines before adjusting the outward
investment registration certificate.
7. The agency or person that has the power to
approve outward investment guidelines also has the power to approve the
adjustment to outward investment guidelines. The agency or person that has the
power to make the outward investment decision also has power to make a decision
on adjustment to contents of the outward investment decision.
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Article 64. Invalidation of
outward investment registration certificate
1. The outward investment registration certificate
shall be invalidated in the following cases:
a) The investor decides to terminate the investment
project;
b) The investment project duration is over in
accordance with regulations of law of the host country;
c) The investment project has to be terminated
according to the conditions set out in the contract or charter of the
enterprise;
d) The investor transfers all outward investment
capital to a foreign investor;
dd) The investor fails to execute or is unable to
execute the investment project in line with the schedule registered with the
regulatory agency within 24 months from the date of issuance of the outward
investment registration certificate and fails to follow the procedures for adjusting
the execution schedule of the investment project;
e) The foreign business organization is dissolved
or goes bankrupt in accordance with the law of the host country;
g) Pursuant to a judgment or decision of a court or
an arbitral award;
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3. The Ministry of Planning and Investment shall
invalidate outward investment registration certificates.
Section 4. CONDUCT OF OUTWARD
INVESTMENT ACTIVITIES
Article 65. Opening of outward
investment capital accounts
1. Investors shall open an outward investment
capital account at an authorized credit institution in Vietnam in accordance
with regulations of law on foreign exchange management.
2. Transfer of money from and to Vietnam pertaining
to outward investment activities must be made via the investment capital
account specified in Clause 1 of this Article in accordance with regulations of
law on foreign exchange management.
Article 66. Transfer of
investment capital overseas
1. An investor is allowed to transfer investment
capital overseas in order to conduct investment activities if the following
conditions are met:
a) The outward investment registration certificate
has been granted, except for the case prescribed in Clause 3 of this Article;
b) The investment activities have been approved or
licensed by a competent authority of the host country. If the host country’s
law does not cover investment licensing or approval, the investor must provide
documents proving their right to carry out investment activities in that
country;
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2. The transfer of investment capital overseas must
comply with regulations of law on foreign exchange management, export and
technology transfer and relevant regulations of law.
3. Investors are entitled to transfer foreign
currencies, goods, machinery and equipment overseas to serve market survey,
research and market exploration and to carry out investment preparatory
activities as prescribed by the Government.
Article 67. Use of profit
overseas
1. The investor is entitled to retain profit
derived from outward investment for reinvestment in the following cases:
a) Continuing to contribute outward investment
capital if capital has not yet been fully contributed as registered;
b) Increasing outward investment capital;
c) Executing a new investment project overseas.
2. Investors shall follow the procedures for
adjusting the outward investment registration certificate as prescribed in
Article 63 of this Law in the cases specified in Points a and b Clause 1 of
this Article; and follow the procedures for issuance of the outward investment
registration certificate as prescribed in Article 61 of this Law in the case
specified in Point c Clause 1 of this Article.
Article 68. Repatriation of
profit
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2. If the profit and other incomes are not
repatriated within the time limit prescribed in Clause 1 of this Article, the
investor shall send a written notification to the Ministry of Planning and
Investment and the State Bank of Vietnam. The time limit for repatriation of
profit may be extended by no more than 12 months from the expiry of the time
limit specified in Clause 1 of this Article.
3. If the investor, within the time limit specified
in Clause 1 of this Article, has failed to repatriate profit or send the
notification or if the investor, within the extended time limit specified in
Clause 2 of this Article, has failed to repatriate profit, such investor shall
incur penalties in accordance with regulations of law.
Chapter VI
STATE MANAGEMENT OF INVESTMENT
Article 69. Responsibility for
state management of investment
1. The Government shall perform uniform state
management of investment in Vietnam and outward investment.
2. The Ministry of Planning and Investment shall
assist the Government in performing uniform state management of investment in
Vietnam and outward investment, and has the following tasks and rights:
a) Request the Government and the Prime Minister to
consider approving strategies, plans and policies for investment in Vietnam and
outward investment;
b) Promulgate or request competent authorities to
promulgate legislative documents on investment in Vietnam and outward
investment;
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d) Provide instructions, disseminate, organize,
supervise, inspect and assess the implementation of legislative documents on
investment;
dd) Formulate and submit to competent authorities
mechanisms for resolving difficulties facing investors and for preventing
disputes between the State and investors;
e) Assess and report developments of investment in
Vietnam and outward investment;
g) Build, manage and operate the National
Investment Information System and national investment database;
h) Issue, adjust and invalidate outward investment
registration certificates;
i) Perform state management of industrial parks,
export-processing zones and economic zones;
k) Perform state management of investment promotion
and coordinate investment promotion activities in Vietnam and overseas;
l) Inspect, supervise and assess investment
activities, manage and cooperate in managing investment activities within its
power;
m) Negotiate and conclude international
investment-related treaties within its power;
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3. Ministries, ministerial agencies shall, within
their jurisdiction, cooperate with the Ministry of Planning and Investment in
performing the task of state management of investment in Vietnam and outward
investment. To be specific:
a) Cooperate with the Ministry of Planning and
Investment, Ministries and ministerial agencies in formulating laws and
policies on investment;
b) Preside over and cooperate with other Ministries
and ministerial agencies in formulating laws, policies, standards, technical
regulations and instructions;
c) Request the Government to promulgate conditions
for making business investment in the business lines mentioned in Article 7 of
this Law;
d) Preside over and cooperate with the Ministry of
Planning and Investment in formulating planning and plans, and compiling a list
of its projects attracting investment; organize campaigns and specialized
investment promotion;
dd) Participate in appraisal of projects subject to
approval for their investment guidelines as prescribed in this Law and take
responsibility for the contents of the appraisal within their jurisdiction;
e) Carry out supervision, assessment, and
specialized inspection of the fulfillment of investment conditions and state
management of investment projects within their power;
g) Preside over and cooperate with People’s Committees
of provinces, other Ministries and ministerial agencies in resolving
difficulties of investment projects in state management; provide guidance on
distribution of powers and authorize management boards of industrial parks,
export-processing zones, hi-tech zones, and economic zones to perform state
management tasks therein;
h) Carry out periodic assessment of socio -
economic effects of investment projects under their management and send reports
thereon to the Ministry of Planning and Investment;
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4. Provincial People’s Committees and investment
registration authorities shall, within their jurisdiction, perform the task of
state management of investment in Vietnam and outward investment. To be
specific:
a) Cooperate with Ministries and ministerial
agencies in compiling and issuing Lists of local projects attracting
investment;
b) Preside over or participate in appraisal of
projects subject to approval for their investment guidelines as prescribed in
this Law and take responsibility for the contents of the appraisal within their
jurisdiction; preside over following procedures for issuance, adjustment and
revocation of investment registration certificates;
c) Exercise the function of state management of
investment projects within their provinces;
d) Resolve or request competent authorities to
resolve difficulties faced by investors;
dd) Carry out periodic assessments of efficiency of
investment activities and submit reports thereon to the Ministry of Planning
and Investment;
e) Provide relevant information to establish a
national investment database; maintain and update the National Investment
Information System;
g) Provide instructions on organization,
supervision and assessment of implementation of investment reporting
regulations.
5. Vietnam’s overseas representative missions shall
monitor and support investment activities, and protect the lawful rights and
interests of Vietnamese investors in the host countries.
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1. Supervision and assessment of investment
activities include:
a) Supervision and assessment of investment
projects;
b) Overall investment supervision and assessment.
2. Responsibility for investment supervision and
assessment:
a) Investment authorities and specialized
authorities conduct overall investment supervision and assessment and
supervision and assessment of investment projects under their management;
b) Investment registration authorities shall
supervise and assess the investment projects to which they grant investment registration
certificates;
3. Contents of supervision and assessment of
investment projects:
a) With regard to investment projects funded by
state capital, investment authorities and specialized authorities shall carry
out supervision and assessment according to the contents and criteria approved
in the investment decision;
b) With respect to investment projects funded by
other sources of capital, investment authorities and specialized authorities
shall supervise and assess the objectives and conformity of the investment
projects with planning and investment guidelines approved by competent
authorities, the investment schedule, fulfillment of environmental protection
requirements, technologies, use of land and other resources as prescribed by
law;
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4. Contents of overall supervision and assessment
of investment:
a) Promulgation of legislative documents elaborating
and providing guidelines for implementation thereof; implementation of the law
on investment;
b) Progress of execution of investment projects;
c) Assessment of results of investment
implementation by the whole country, Ministries, ministerial agencies, local
authorities, and investment projects under their management;
d) Suggest investment assessment results and
solutions for resolving difficulties and actions against violations of the law
on investment to regulatory agencies at the same level and superior investment
authorities.
5. Organizations and agencies shall carry out
investment assessment themselves or hire capable experts or consultancies to do
so.
6. The Government shall elaborate this Article.
Article 71. National
Investment Information System
1. The National Investment Information System
consists of:
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b) National information system for foreign
investment in Vietnam;
c) National information system for outward
investment from Vietnam;
d) National information system for investment
promotion;
dd) National information system for industrial
parks and economic zones.
2. The Ministry of Planning and Investment shall
preside over and cooperate with relevant agencies in developing and operating
the National Investment Information System; establish the national investment
database; assess the operation of such system by central and local investment
authorities.
3. Investment authorities and investors shall
sufficiently, promptly and accurately update information on the National
Investment Information System.
4. Information about investment projects in the
National Investment Information System is considered original and lawful
information.
Article 72. Reports on
investment activities in Vietnam
1. Reporting entities:
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b) Investment registration authorities;
c) Investors and business organizations executing
investment projects as prescribed in this Law.
2. Periodic reporting:
a) Investors and business organizations executing
investment projects shall submit quarterly and annual reports to investment
registration authorities and local statistical agencies on the investment project
execution, which specify: investment capital, investment results, employees,
payment to government budget, investment in R&D, environmental protection,
and other professional indicators;
b) Investment shall submit quarterly and annual
reports to the Ministry of Planning and Investment and provincial People’s
Committees on receipt of applications, issuance, adjustment and revocation of
investment registration certificates and the operation of investment projects
under their management;
c) Provincial People’s Committees shall submit
quarterly and annual consolidated reports on local investment to the Ministry
of Planning and Investment;
d) Ministries and ministerial agencies shall submit
quarterly and annual reports on issuance, adjustment and revocation of
investment registration certificates and equivalent papers (if any) under their
management; and on investment activities under their management to the Ministry
of Planning and Investment, which submit a consolidated report to the Prime
Minister;
dd) The Ministry of Planning and Investment shall
submit an annual report to the Prime Minister on investment nationwide and
adherence to regulations on investment reporting by the entities mentioned in
Clause 1 of this Article.
3. Agencies, investors and business organizations
shall make reports in writing via the National Investment Information System.
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5. If a project is exempt from the investment
registration certificate, the investor shall submit a report to the investment
registration authority before commencement of the project execution.
Article 73. Reporting of
outward investment activities
1. Reporting entities:
a) Ministries and ministerial agencies shall manage
outward investment activities in accordance with regulations of law, and
agencies representing the state capital in enterprises;
b) Investors executing outward investment projects
as prescribed in this Law.
2. Regulations on reporting applied to the entities
specified in Point a Clause 1 of this Article:
a) Such entities shall submit an annual report on
management of outward investment within their jurisdiction to the Ministry of
Planning and Investment, which will submit consolidated reports to the Prime
Minister;
b) The Ministry of Planning and Investment shall
submit an annual report on outward investment to the Prime Minister.
3. Reporting regulations applied to investors:
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b) Investors shall submit quarterly and annual
reports on operation of their investment projects to the Ministry of Planning
and Investment, the State Bank of Vietnam, and a representative mission of
Vietnam in the host country;
c) Within 06 months from the day on which the tax
declaration or an equivalent document is available as prescribed by the host
country’s law, the investor shall submit a report on the operation of the
investment project enclosed with the financial statement, tax declaration, or
an equivalent document prescribed by the host country’s law to the Ministry of
Planning and Investment, the State Bank of Vietnam, the Ministry of Finance, a
representative mission of Vietnam in the host country, and a competent
authority prescribed in this Law and relevant regulations of law;
d) If the outward investment project is funded by
the state capital, apart from complying with the regulations in Points a, b and
c of this Clause, the investor shall make reports in accordance with
regulations of law on management and use of state capital invested in
manufacturing and business activities of enterprises.
4. The reports mentioned in Clause 2 and Clause 3
of this Article shall be made in writing and via the National Investment
Information System.
5. The agencies and investors in Clause 1 of this
Article shall make ad hoc reports at the request of competent authorities to
meet state management requirements or settle issues arising in relation to
investment projects.
Article 74. Investment
promotion activities
1. The Government shall direct the formulation and
organize the implementation of policies and orientations for investment
promotion with a view to promoting and facilitating investment activities by
sectors and regions and partners in conformity with strategies, planning, plans
and objectives for socio-economic development in each period; and ensure
implementation of inter-regional and cross-sectoral investment promotion
programs and activities in association with trade promotion and tourism
promotion.
2. The Ministry of Planning and Investment shall
formulate and organize the implementation of a national investment promotion
plan or program; coordinate inter-regional and inter-provincial investment
promotion activities; monitor, supervise and assesses the efficiency of investment
promotion nationwide.
3. Ministries, ministerial
agencies and provincial People's Committees shall, within their jurisdiction,
formulate and organize implementation of investment promotion plans and
programs in fields and areas under their management in conformity with
strategies, planning and plans for socio-economic development and the national
investment promotion program.
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5. The Government shall elaborate this Article.
Chapter VII
IMPLEMENTATION CLAUSE[7]
Article 75. Amendments
to some Articles of laws related to business investment
1. Amending and supplementing certain Articles of
the Law on Housing No. 65/2014/QH13, already amended and supplemented by the
Law No. 40/2019/QH14, as follows:
a) Amending and supplementing clause 2 of Article
21 as follows:
“2. Having a capital deposit or a bank guarantee to
execute each project in accordance with the law on investment.”;
b) Point c Clause 2 of Article 22 is amended as
follows:
“c) Approving an investor in accordance with the
Law on Investment. If multiple investors are approved, the investor shall be
determined in accordance with the Law on Construction.
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c) )[8] (annulled)
d) Amending and supplementing clause 2 of Article
170 as follows:
“2. Regarding other housing construction projects
subject to approval for their investment guidelines in accordance with the Law
on Investment, regulations of the Law on Investment shall be complied with.”;
dd) Amending and supplementing clause 7 of Article
175 as follows:
“7. Provide professional training in residential
housing development and management; stipulate the issuance of certificates of
training in management and operation of apartment buildings; stipulate and
recognize the classification of apartment buildings.”;
e) Clause 3 Article 22 and Article 171 are
repealed.
2. 2. The Law on Real Estate Business No.
66/2014/QH13 is amended as follows:
a) Amending and supplementing clause 1 of Article
10 as follows:
“1. Any organization or individual engaged in real
estate business must establish an enterprise or cooperative (hereinafter
referred to as “the enterprise”), except for the cases mentioned in Clause 2 of
this Article.”;
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“Article 50. The power to allow transfer of real
estate projects in part or in full
1. In the case of a real estate project for which the
investor has been approved or to which an investment registration certificate
has been issued in accordance with the Law on Investment, power and procedures
for transfer of real estate projects in part or in full shall comply with the
Law on Investment.
2. For a real estate project other than that
mentioned in Clause 1 of this Article, the power to allow transfer of real
estate projects in part or in full is as follows:
a) People's Committees of provinces and
central-affiliated cities (hereinafter referred to as “provincial People's
Committees”) shall decide to allow transfer part or whole of real estate
projects subject to investment decision by provincial People's Committees;
b) The Prime Minister shall decide to allow
transfer of real estate projects in part or in full, for projects subject to
investment decision by the Prime Minister.”;
c) The following introductory paragraph is added
before Clause 1 of Article 51:
“Procedures for transfer part or whole of real
estate projects specified in Clause 2 Article 50 of this Law are as follows:”.
3. Some Points of Clause 2 Article 25 of the Law on
Environmental Protection No. 55/2014/QH13 amended by the Law No. 40/2019/QH14
and the Law No. 39/2019/QH14 are amended as follows:
a) Point a Clause 2 of Article 25 is amended as
follows:
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Regarding the public investment project, the
competent authority shall depend on the preliminary environmental impact
assessment to decide policy guidelines; and depend on the environmental impact
assessment to make investment decisions for the projects prescribed in Article
18 of this Law. The Government shall elaborate subjects and contents of preliminary
environmental impact assessment;”;
b) Point d Clause 2 of Article 25 is amended as
follows:
“dd) With respect to the projects not mentioned in
Points a, b, c and d of this Clause, the competent authority shall depend on
the preliminary environmental impact assessment to issue the investment
registration certificate, except for the case in which the investment
registration certificate is issued at the request of the investor; and the
investor is only allowed to execute the project after the environmental impact
assessment report has been approved.”.
4. The Law on Corporate Income Tax No. 14/2008/QH12
amended by the Law No. 32/2013/QH13 and the Law No. 71/2014/QH13 is amended as
follows:
a) Clause 5a is added after Clause 5 of Article 13
as follows:
“5a. With respect to the investment projects
specified in Clause 2 Article 20 of the Law on Investment, the Prime Minister
shall decide to apply a preferential tax rate reducing by no more than 50% the
preferential tax rate specified in Clause 1 of this Article. The duration of
application of the preferential tax rate shall not exceed 1.5 times the
duration of application of the preferential tax rate specified in Clause 1 and
may be extended for no more than 15 years and must not exceed the duration of the
investment project.”;;
b) Clause 1a is added after Clause 1 of Article 14
as follows:
“1a. With respect to the investment projects
specified in Clause 2 Article 20 of the Law on Investment, the Prime Minister
shall decide to apply tax exemption for no more than 6 years and reduce 50% of
the maximum tax payable for no more than the 13 subsequent years.”;
5. The Law on the Law on Cinematography No.
62/2006/QH11 amended by the Law No. 31/2009/QH12 and the Law No. 35/2018/QH14
is amended as follows:
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b) The number “14” and the mark “,” immediately
after the number “14” in Article 55 are deleted.
6. Article 10 and Point a Clause 2 Article 43 of
the Law on Urban Planning No. 30/2009/QH12 amended by the Law No. 77/2015/QH13,
the Law No. 35/2018/QH14 and the Law No. 40/2019/QH14 are repealed.
Article 76. Implementation
clause
1. This Law comes into force from January 01, 2021,
except for the regulations in Clause 2 of this Article.
2. The regulations set out in Clause 3 Article 75
of this Law come into force from September 01, 2020.
3. The Law on Investment No. 67/2014/QH14 amended
by the Law No. 90/2015/QH13, the Law No. 03/2016/QH14, the Law No.
04/2017/QH14, the Law No. 28/2018/QH14 and the Law No. 42/2019/QH14 shall cease
to have effect from the effective date of this Law, except for Article 75 of
the Law on Investment No. 67/2014/QH14.
4. Individuals who are Vietnamese citizens may use
their personal identification numbers instead of copies of their identity
cards/citizen identity cards, passports or other personal identification
documents upon following administrative procedures set out in the Law on
Investment and Law on Enterprises if the national population database is
connected to the national investment and enterprise registration database.
5. Any legislative document that refers to
regulations on project approval decisions or investment guideline decisions in
accordance with the Law on Investment shall be implemented in accordance with
the regulations on investment guideline approval of this Law.
Article 77. Grandfather
clauses
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2. Investors are not required to follow procedures
for approval for investment guidelines in accordance with this Law with respect
to the investment projects in one of the following cases:
a) The investors obtained investment guideline
decisions, investment guideline approval or investment approval in accordance
with regulations of laws on investment, housing, urban areas and construction
before the effective date of this Law;
b) The investors have started execution of projects
that are not subject to approval for their investment guidelines, investment
guideline decision or investment guideline or issuance of the investment
registration certificate in accordance with regulations of laws on investment,
housing, urban areas and construction before the effective date of this Law;
c) Investors won the bidding for investor selection
or the land use right auction before the effective date of this Law;
d) Projects have been granted investment incentive
certificates, investment licenses, investment certificates or investment
registration certificates before the effective date of this Law.
3. If an investment project specified in Clause 2
of this Article is adjusted and the adjustments are subject to approval for
investment guidelines in accordance with this Law, the procedures mentioned in
this Law must be followed to obtain approval for investment guidelines or
adjust investment guidelines.
4. Any investment project executed or approved or
allowed to be executed in accordance with regulations of law before July 01,
2015 and subject to project execution security as prescribed in this Law is not
required to have a deposit or a bank guarantee. If the investor adjusts the
objectives or schedule for execution of the investment project or repurposes
land after the effective date of this Law, the investor must pay a deposit or
obtain a bank guarantee in accordance with this Law.
5. Any debt collection service contract concluded
before the effective date of this Law shall cease to have effect from the
effective date of this Law; and the parties to such contract may carry out
activities to liquidate the contract in accordance with the civil law and other
relevant regulations of law.
6. Foreign-invested business organizations to which
market access conditions more favorable than those prescribed in the List
promulgated under Article 9 of this Law are applied may continue to apply the
conditions set out in their issued investment registration certificate.
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8. In the event that the law stipulates that
documentation serving administrative procedures must consist of an investment
registration certificate or written approval for investment guidelines but the
investment project is not subject to issuance of an investment registration
certificate or written approval for investment guidelines as prescribed in this
Law, the investor is not required to submit an investment registration
certificate or written approval for investment guidelines.
9. With respect to areas which have difficulties in
providing land for development of residential housing, service facilities and
public utilities for employees working in industrial parks, the competent
authority may adjust the planning for construction of industrial zones (for
industrial parks established before July 01, 2014) to reserve part of the land
area for development of residential housing, service facilities and public
utilities for employees working in the industrial parks.
After adjustment of the planning, the land area for
development of residential housing, service facilities and public utilities for
employees working in an industrial park must be outside the geographical
boundary of the industrial park and must ensure an environmental safety
distance in accordance with the law on construction and other relevant
regulations of law.
10. Grandfather clauses on outward investment
activities:
a) Regulations on the duration of outward
investment projects set out in outward investment licenses and outward
investment certificates issued before July 01, 2015 shall cease to have effect;
b) Any investor issued with an outward investment
license or certificate or outward investment registration certificate to make
outward investment in a conditional business line subject to conditional
outward investment in accordance with this Law may continue to make investment
according to the issued outward investment license or certificate or outward
investment registration certificate.
11. From the effective date of this Law, if any
document has been received and the deadline for processing thereof has expired
but the results have not been returned in accordance with the Law No. 67/2014/QH14
on Investment amended by the Law No. 90/2015/QH13, the Law No.
03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 28/2018/QH14 and the Law
42/2019/QH14, such document shall continue to be processed in accordance with
regulations of law 67/2014/QH14 on Investment amended by the Law No.
90/2015/QH13, the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No.
28/2018/QH14 and the Law No. 42/2019/QH14.
12. The Government shall elaborate this Article./.
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CERTIFIED BY
CHAIRMAN
Bui Van Cuong
APPENDIX
(to the Law on
Investment No. 61/2020/QH14)
Appendix I
NARCOTIC
SUBSTANCES BANNED FROM INVESTMENT
A. Substances and salts, isomers, esters,
ethers, and salts of isomers, esters, and ethers, whenever the existence of
such isomers, esters, ethers, and salts is possible
Line Item No.
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Scientific name
CAS number
1
Acetorphine
3-O-acetyltetrahydro - 7 - α - (1
- hydroxyl - 1 - methylbutyl) - 6, 14 - endoetheno - oripavine
25333-77-1
2
Acetyl-alpha-methylfenanyl
N-
[1 - (α - methylphenethyl) - 4 - piperidyl]
acetanilide
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3
Alphacetylmethadol
α - 3 - acetoxy - 6 - dimethylamino - 4,4
- diphenylheptane
17199-58-5
4
Alpha-methylfentanyl
N- [1 - (α - methylphenethyl) - 4 -
peperidyl] propionanilide
79704-88-4
5
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N-
[1- ( β - hydroxyphenethyl) - 4 - peperidyl]
propionanilide
78995-10-5
6
Beta-hydroxymethyl-3-fentanyl
N- [1 - (β - hydroxyphenethyl) - 3
- methyl - 4 - piperidyl] propinonanilide
78995-14-9
7
Desomorphine
Dihydrodeoxymorphine
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8
Etorphine
Tetrahydro - 7α - (1 - hydroxy - 1 -
methylbutyl) - 6,14 - endoetheno -oripavine
14521-96-1
9
Heroine
Diacetylmorphine
561-27-3
10
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4 - meta - hydroxyphenyl - 1 - methyl - 4
- propionylpiperidine
469-79-4
11
3-methylfentanyl
N- (3 - methyl - 1 - phenethyl - 4 -
piperidyl) propionanilide
42045-86-3
12
3-methylthiofentanyl
N- [3 - methyl - 1 [2 - (2 - thienyl)
ethyl] - 4 - piperidyl] propionanilide
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13
Morphine methobromide và các chất dẫn xuất của
Morphine Nitơ hóa trị V khác
(5α,6α) - 17 - Methyl - 7,8 -didehydro
- 4,5 - epoxymorphinan - 3,6 - diol - bromomethane (1:1)
125-23-5
14
Para-fluorofentanyl
4’ - fluoro - N - (1 -
phenethyl - 4 - piperidyl) propionanilide
90736-23-5
15
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1 - phenethyl - 4 - phenyl - 4 - piperidinol
acetate
64-52-8
16
Thiofentanyl
N - (1 [2- (2 - thienyl) ethyl] - 4 -
piperidyl] - 4 - propionanilide
1165-22-6
B. Substances and salts, and isomers, whenever
the existence of such salts, and isomers is possible
Line Item No.
Substance name
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CAS number
17
Brolamphetamine (DOB)
2,5 - dimethoxy - 4 - bromoamphetamine
64638-07-9
18
Cathinone
(-) - α - aminopropiophenone
71031-15-7
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DET
N, N - diethyltryptamine
7558-72-7
20
Delta-9-tetrahydrocanabinol
(6aR, 10aR) - 6a,
7, 8, 10a - tetrahydro - 6,6,9 - trimethyl - 3 - pentyl - 6H -
dibenzo [b,d] pyran - 1 - ol
1972-08-3
21
DMA
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2801-68-5
22
DMHP
3 - (1,2 - dimethylheptyl) - 1 - hydroxy - 7, 8,
9, 10 - tetrahydro - 6,6,9 - trimethyl - 6H - dibenzo [b,d]
pyran
32904-22-6
23
DMT
N, N - dimethyltryptamine
61-50-7
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DOET
(±) - 4 - ethyl - 2,5 - dimethoxy - α -
phenethylamine
22004-32-6
25
Eticyclidine
N- ethyl - 1 - phenylcylohexylamine
2201-15-2
26
Etryptamine
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2235-90-7
27
MDMA
(±) - N - α -
dimethyl - 3,4 - (methylenedioxy) phenethylamine
42542-10-9
28
Mescalin
3,4,5 - trimethoxyphenethylamine
54-04-6
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Methcathinone
2 - (methylamino) - 1 - phenylpropan - 1 - one
5650-44-2
30
4-methylaminorex
(±) - cis - 2 - amino - 4 - methyl - 5 -
phenyl - 2 - oxazoline
3568-94-3
31
MMDA
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13674-05-0
32
(+)-Lysergide (LSD)
9,10 - didehydro - N, N -
diethyl - 6 - methylergoline - 8β carboxamide
50-37-3
33
N-hydroxy MDA (MDOH)
(±) - N - hydroxy - [α - methyl -
3,4 - (methylenedyoxy) phenethyl] hydroxylamine
74698-47-8
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N-ethyl MDA
(±) N - ethyl - methyl - 3,4 -
(methylenedioxy) phenethylamine
82801-81-8
35
Parahexyl
3 - hexyl - 7, 8, 9, 10 - tetrahydro - 6, 6, 9 -
trimethyl - 6H - dibenzo [b,d] pyran - 1 - ol
117-51-1
36
PMA
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64-13-1
37
Psilocine, Psilotsin
3 - [2 - (dimetylamino) ethyl] indol - 4 - ol
520-53-6
38
Psilocybine
3 - [2 - dimetylaminoethyl] indol - 4 - yl
dihydrogen phosphate
520-52-5
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Rolicyclidine
1 - (1 - phenylcyclohexy) pyrrolidine
2201-39-0
40
STP, DOM
2,5 - dimethoxy - 4,α -
dimethylphenethylamine
15588-95-1
41
Tenamfetamine (MDA)
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4764-17-4
42
Tenocyclidine (TCP)
1 - [1 - (2 - thienyl) cyclohexyl] piperidine
21500-98-1
43
TMA
(+) - 3,4,5 - trimethoxy - α -
methylphenylethylamine
1082-88-8
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Line Item No.
Substance name
Scientific name
CAS number
44
MPPP
1 - methyl - 4 - phenyl - 4 - piperidinol
propionate (ester)
13147-09-6
D. The following substances
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Substance name
Scientific name
CAS number
45
Cannabis and derivatives
8063-14-7
46
Khat leaves
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47
Opium and opium preparations (excluding ethyl
esters of iodized fatty acids of poppy seed oil that do not contain opium)
Appendix II
LIST OF BANNED
CHEMICALS AND MINERALS
Line Item No.
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Chemical name
in English
HS Code
CAS number
1
Các hợp chất O-Alkyl (< C10, gồm cả cycloalkyl)
alkyl (Me, Et, n-Pr hoặc i-Pr)- phosphonofloridat
O-Alkyl (<= C10, incl. cycloalkyl) alkyl (Me,
Et, n- Pr or i-Pr)- phosphonofluoridates
2931.00
...
...
...
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Example:
• Sarin: O-Isopropylmetyl phosphonofloridat
• Sarin: O-Isopropyl methylphosphonofluorid ate
2931.9080
107-44-8
...
...
...
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• Soman: O-Pinacolyl metylphosphonofloridat
2931.9080
96-64-0
2
Các hợp chất O-Alkyl (< C10, gồm cả cycloalkyl)
N,N-dialkyl(Me, Et, n-Pr hoặc i-Pr)- phosphoramidocyanidat
O-Alkyl (<=C10, incl. cycloalkyl) N,N-dialkyl
(Me, Et, n-Pr or i-Pr) phosphoramidocyanidates
2931.00
...
...
...
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Example:
Tabun: O-Ethyl N,N-dimetyl phosphoramidocyanidat
Tabun: O-Ethyl N,N- dimethyl
phosphoramidocyanidate
2931.9080
77-81-6
3
...
...
...
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O-Alkyl (H or <= C10, incl. cycloalkyl)
S-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr)
phosphonothiolates and corresponding alkylated or protonated salts
2930.90
Ví dụ:
Example:
...
...
...
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O-Ethyl S-2- diisopropylaminoethyl methyl
phosphonothiolate
2930.9099
50782-69-9
4
Các chất khí gây bỏng chứa Lưu huỳnh:
Sulfur mustards:
...
...
...
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• 2-Chloroethyl chloromethylsulfide
2930.9099
2625-76-5
• Khí gây bỏng: Bis (2- cloroetyl) sulfit
• Mustard gas: Bis(2- chloroethyl) sulfide
2930.9099
505-60-2
...
...
...
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• Bis (2- chloroethylthio) methane
2930.9099
63869-13-6
• Sesquimustard: 1,2-Bis (2- cloroetylthio) etan
• Sesquimustard: 1,2- Bis (2-
chloroethylthio)ethane
2930.9099
3563-36-8
...
...
...
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• 1,3-Bis(2-chloroethylthio) -n-propane
2930.9099
63905-10-2
• 1,4-Bis (2-cloroetylthio) -n-butan
• 1,4-Bis(2- chloroethylthio)-n-butane
2930.9099
142868-93-7
...
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• 1,5-Bis(2-chloroethylthio)-n-pentane
2930.9099
142868-94-8
• Bis (2-cloroetylthiometyl) ete
• Bis(2- chloroethylthiomethyl)ether
2930.9099
63918-90-1
...
...
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• O-Mustard: Bis (2-chloroethylthioethyl) ether
2930.9099
63918-89-8
5
Các hợp chất Lewisit:
Lewisites:
...
...
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• Lewisite 1: 2- Chlorovinyldichloroarsine
2931.9080
541-25-3
• Lewisit 2: Bis (2- chlorovinyl) cloroarsin
• Lewisite 2: Bis(2- chlorovinyl) chloroarsine
2931.9080
40334-69-8
...
...
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• Lewisite 3: Tris (2- chlorovinyl)arsine
2931.9080
40334-70-1
6
Hơi cay Nitơ:
Nitrogen mustards:
...
...
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• HN1: Bis (2- chloroethyl) ethylamine
2921.1999
538-07-8
• HN2: Bis (2- chloroetyl) metylamin
• HN2: Bis (2- chloroethyl) methylamine
2921.1999
51-75-2
...
...
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• HN3: Tris(2- chloroethyl) amine
2921.1999
555-77-1
7
Saxitoxin
Saxitoxin
3002.90
35523-89-8
8
...
...
...
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Ricin
3002.90
9009-86-3
9
Các hợp chất Alkyl (Me, Et, n- Pr or i-Pr)
phosphonyldiflorit
Alkyl (Me, Et, n-Pr or i-Pr)
phosphonyldifluorides
...
...
...
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Example:
DF: Metylphosphonyldiflorit
DF: Methylphosphonyldifluoride
2931.9020
676-99-3
10
...
...
...
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O-Alkyl (H or <= C10, incl. cycloalkyl)
O-2-dalkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr)
phosphonites and corresponding alkylated or protonated salts
2931.00
Ví dụ:
Example:
...
...
...
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QL: O-Ethyl O-2- diisopropylaminoethyl
methylphosphonite
2931.9080
57856-11-8
11
Chlorosarin: O-Isopropyl metylphosphonocloridat
Chlorosarin: O-Isopropyl
methylphosphonochloridate
2931.9080
1445-76-7
12
...
...
...
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Chlorosoman: O-Pinacolyl
methylphosphonochloridate
2931.9080
7040-57-5
13
Axit dodecyl benzen sunfonic (DBSA)
Dodecyl benzene sulfonic acid (DBSA)
29041000
27176-87-0
14
...
...
...
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Asbestos crocidolite
2524.10.00
12001-28-4
15
Amiăng amosit
Asbestos amosite
2524.90.00
12172-73-5
16
...
...
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Asbestos anthophyllite
2524.90.00
17068-78-9
77536-67-5
17
Amiăng actinolit
Asbestos actinolite
2524.90.00
77536-66-4
18
...
...
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Asbestos tremolite
2524.90.00
77536-68-6
Appendix
III
LIST OF GROUP I
ENDANGERED, PRECIOUS AND RARE FOREST PLANT AND FOREST ANIMAL SPECIES AND
AQUATIC SPECIES
LIST OF ENDANGERED,
PRECIOUS AND RARE FOREST PLANT AND FOREST ANIMAL SPECIES
IA
Line Item
No.
...
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Scientific
name
LỚP THÔNG
PINOSIDA
Họ Hoàng
đàn
Cupressaceae
1
Bách vàng
...
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2
Bách đài loan
Taiwania cryptomerioides
3
Hoàng đàn hữu liên
Cupressus tonkinensis
4
Sa mộc dầu
Cunninghamia konishii
...
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Thông nước
Glyptostrobus pensilis
Họ Thông
Pinaceae
6
Du sam đá vôi
Keteleeria davidiana
7
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Abies delavayi subsp. fansipanensis
Họ Hoàng
liên gai
Berberidaceae
8
Các loài Hoàng liên gai thuộc chi Berberis
Berberis spp.
Họ Mao
lương
...
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9
Hoàng liên chân gà
Coptis quinquesecta
10
Hoàng liên bắc
Coptis chinensis
Họ Ngũ gia
bì
Araliaceae
...
...
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Sâm vũ diệp (Vũ diệp tam thất)
Panax bipinnatifidus
12
Tam thất hoang
Panax stipuleanatus
LỚP HÀNH
LILIOPSIDA
...
...
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Orchidaceae
13
Lan kim tuyến
Anoectochilus setaceus
14
Lan kim tuyến
Anoectochilus acalcaratus
15
Lan kim tuyến
...
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16
Lan hài bóng
Paphiopedilum vietnamense
17
Lan hài vàng
Paphiopedilum villosum
18
Lan hài đài cuộn
Paphiopedilum appletonianum
...
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Lan hài chai
Paphiopedilum callosum
20
Lan hài râu
Paphiopedilum dianthum
21
Lan hài hê len
Paphiopedilum helenae
22
...
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Paphiopedilum henryanum
23
Lan hài xanh
Paphiopedilum malipoense
24
Lan hài chân tím
Paphiopedilum tranlienianum
25
Lan hài lông
...
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26
Lan hài hằng
Paphiopedilum hangianum
27
Lan hài đỏ
Paphiopedilum delenatii
28
Lan hài trân châu
Paphiopedilum emersonii
...
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Lan hài hồng
Paphiopedilum micranthum
30
Lan hài xuân cảnh
Paphiopedilum canhii
31
Lan hài tía
Paphiopedilum purpuratum
32
...
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Paphiopedilum trantuanhii
33
Lan hài đốm
Paphiopedilum concolor
34
Lan hài tam đảo
Paphiopedilum gratrixianum
LỚP NGỌC
LAN
...
...
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Họ Dầu
Dipterocarpaceae
35
Chai lá cong
Shorea falcata
36
Kiền kiền phú quốc
Hopea pierrei
...
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Sao hình tim
Hopea cordata
38
Sao mạng cà ná
Hopea reticulata
Họ Ngũ gia
bì
Araliaceae
39
...
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Panax vietnamensis
IB
STT
Tên Việt Nam
Tên khoa học
LỚP THÚ
MAMMALIA
...
...
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PRIMATES
1
Cu li lớn
Nycticebus bengalensis
2
Cu li nhỏ
Nycticebus pygmaeus
3
Chà vá chân đen
...
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4
Chà vá chân nâu
Pygathrix nemaeus
5
Chà vá chân xám
Pygathrix cinerea
6
Voọc bạc đông dương
Trachypithecus germaini
...
...
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Voọc bạc trường sơn
Trachypithecus margarita
8
Voọc cát bà
Trachypithecus poliocephalus
9
Voọc đen má trắng
Trachypithecus francoisi
10
...
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Trachypithecus hatinhensis
11
Voọc mông trắng
Trachypithecus delacouri
12
Voọc mũi hếch
Rhinopithecus avunculus
13
Voọc xám
...
...
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14
Vượn cao vít
Nomascus nasutus
15
Vượn đen tuyền
Nomascus concolor
16
Vượn má hung
Nomascus gabriellae
...
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Vượn má trắng
Nomascus leucogenys
18
Vượn má vàng trung bộ
Nomascus annamensis
19
Vượn siki
Nomascus siki
...
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CARNIVORA
20
Sói đỏ (Chó sói lửa)
Cuon alpinus
21
Gấu chó
Helarctos malayanus
22
Gấu ngựa
...
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23
Rái cá lông mượt
Lutrogale perspicillata
24
Rái cá thường
Lutra lutra
25
Rái cá vuốt bé
Aonyx cinereus
...
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Rái cá lông mũi
Lutra sumatrana
27
Cầy mực
Arctictis binturong
28
Cầy gấm
Prionodon pardicolor
29
...
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Neofelis nebulosa
30
Báo hoa mai
Panthera pardus
31
Beo lửa
Catopuma temminckii
32
Hổ đông dương
...
...
...
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33
Mèo cá
Prionailurus viverrinus
34
Mèo gấm
Pardofelis marmorata
BỘ CÓ VÒI
PROBOSCIDEA
...
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Voi châu á
Elephas maximus
BỘ MÓNG GUỐC
LẺ
PERISSODACTYLA
36
Tê giác một sừng
Rhinoceros sondaicus
...
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ARTIODACTYLA
37
Bò rừng
Bos javanicus
38
Bò tót
Bos gaurus
39
Hươu vàng
...
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...
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40
Hươu xạ
Moschus berezovskii
41
Mang lớn
Megamuntiacus vuquangensis
42
Mang trường sơn
Muntiacus truongsonensis
...
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Nai cà tong
Rucervus eldii
44
Sao la
Pseudoryx nghetinhensis
45
Sơn dương
Naemorhedus milneedwardsii
...
...
...
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PHOLIDOTA
46
Tê tê java
Manis javanica
47
Tê tê vàng
Manis pentadactyla
BỘ THỎ RỪNG
...
...
...
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48
Thỏ vằn
Nesolagus timminsi
LỚP CHIM
AVES
BỘ BỒ
NÔNG
PELECANIFORMES
...
...
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Bồ nông chân xám
Pelecanus philippensis
50
Cò thìa
Platalea minor
51
Quắm cánh xanh
Pseudibis davisoni
52
...
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Thaumatibis gigantea
53
Vạc hoa
Gorsachius magnificus
BỘ CỔ RẮN
SULIFORMES
54
Cổ rắn
...
...
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BỘ BỒ NÔNG
PELECANIFORMES
55
Cò trắng trung quốc
Egretta eulophotes
BỘ HẠC
CICONIFORMES
...
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Già đẫy nhỏ
Leptoptilos javanicus
57
Hạc cổ trắng
Ciconia episcopus
58
Hạc xám
Mycteria cinerea
...
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ACCIPITRIFORMES
59
Đại bàng đầu nâu
Aquila heliaca
60
Kền kền ấn độ
Gyps indicus
61
Kền kền ben gan
...
...
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BỘ CẮT
FALCONIFORMES
62
Cắt lớn
Falco peregrinus
BỘ CHOẮT
CHARADRIIFORMES
...
...
...
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Choắt lớn mỏ vàng
Tringa guttifer
BỘ NGỖNG
ANSERIFORMES
64
Ngan cánh trắng
Asarcornis scutulata
...
...
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GALLIFORMES
65
Gà lôi lam mào trắng
Lophura edwardsi
66
Gà lôi tía
Tragopan temminckii
67
Gà lôi trắng
...
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68
Gà so cổ hung
Arborophila davidi
69
Gà tiền mặt đỏ
Polyplectron germaini
70
Gà tiền mặt vàng
Polyplectron bicalcaratum
...
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Trĩ sao
Rheinardia ocellata
BỘ SẾU
GRUIFORMES
72
Sếu đầu đỏ (Sếu cổ trụi)
Grus antigone
...
...
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OTIDIFORMES
73
Ô tác
Houbaropsis bengalensis
BỘ BỒ CÂU
COLUMBIFORMES
74
Bồ câu ni cô ba
...
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BỘ HỒNG HOÀNG
Bucerotiformes
75
Hồng hoàng
Buceros bicornis
76
Niệc cổ hung
Aceros nipalensis
...
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Niệc mỏ vằn
Rhyticeros undulatus
78
Niệc nâu
Anorrhinus austeni
BỘ SẺ
PASSERRIFORMES
79
...
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Trochalopteron ngoclinhense
LỚP BÒ SÁT
REPTILIA
BỘ CÓ VẢY
SQUAMATA
80
Tắc kè đuôi vàng
...
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81
Thằn lằn cá sấu
Shinisaurus crocodilurus
82
Kỳ đà vân
Varanus nebulosus (Varanus bengalensis)
83
Rắn hổ chúa
Ophiophagus hannah
...
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BỘ RÙA
TESTUDINES
84
Rùa ba-ta-gua miền nam
Batagur affinis
85
Rùa hộp trán vàng miền trung (Cuora bourreti)
Cuora bourreti
86
...
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Cuora picturata
87
Rùa hộp trán vàng miền bắc
Cuora galbinifrons
88
Rùa trung bộ
Mauremys annamensis
89
Rùa đầu to
...
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90
Giải sin-hoe
Rafetus swinhoei
91
Giải
Pelochelys cantorii
BỘ CÁ SẤU
CROCODILIA
...
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Cá sấu nước lợ (Cá sấu hoa cà)
Crocodylus porosus
93
Cá sấu nước ngọt (Cá sấu xiêm)
Crocodylus siamensis
LIST OF ENDANGERED,
PRECIOUS AND RARE AQUATIC SPECIES
GROUP I
Line Item No.
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Scientific
name
I
LỚP ĐỘNG VẬT
CÓ VÚ
MAMMALIAS
1
Họ cá heo biển (tất cả các loài, trừ cá heo trắng
trung hoa - Sousa chinensis)
Delphinidae
2
Họ cá heo chuột (tất cả các loài)
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3
Họ cá heo nước ngọt (tất cả các loài)
Platanistidae
4
Họ cá voi lưng gù (tất cả các loài)
Balaenopteridae
5
Họ cá voi mõm khoằm (tất cả các loài)
Ziphiidae
...
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Họ cá voi nhỏ (tất cả các loài)
Physeteridae
II
LỚP CÁ XƯƠNG
OSTEICHTHYES
7
Cá chình mun
Anguilla bicolor
8
...
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Anguilla japonica
9
Cá cháy bắc
Tenualosareevesii
10
Cá mòi đường
Albulavulpes
11
Cá đé
...
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12
Cá thát lát khổng lồ
Chitalalopis
13
Cá anh vũ
Semilabeo obscurus
14
Cá chép gốc
Procyprismerus
...
...
...
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Cá hô
Catlocarpiosiamensis
16
Cá học trò
Balantiocheilosambusticauda
17
Cá lợ thân cao (Cá lợ)
Cyprinus hyperdorsalis
18
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Cyprinus multitaeniata
19
Cá măng giả
Luciocyprinuslangsoni
20
Cá may
Gyrinocheilusaymonieri
21
Cá mè huế
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22
Cá mơn (Cá rồng)
Scleropagesformosus
23
Cá pạo (Cá mị)
Sinilabeograffeuilli
24
Cá rai
Neolisochilusbenasi
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Cá trốc
Acrossocheilusannamensis
26
Cá trữ
Cyprinus dai
27
Cá thơm
Plecoglossusaltivelis
28
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Pterocryptiscucphuongensis
29
Cá tra dầu
Pangasianodongigas
30
Cá chen bầu
Ompokbimaculatus
31
Cá vồ cờ
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32
Cá sơn đài
Ompokmiostoma
33
Cá bám đá
Gyrinocheiluspennocki
34
Cá trê tối
Clariasmeladerma
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Cá trê trắng
Clariasbatrachus
36
Cá trèo đồi
Chana asiatica
37
Cá bàng chài vân sóng
Cheilinusundulatus
38
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Solenostomus paradoxus
39
Cá dây lưng gù
Cyttopsiscypho
40
Cá kèn trung quốc
Aulostomuschinensis
41
Cá mặt quỷ
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42
Cá mặt trăng
Molamola
43
Cá mặt trăng đuôi nhọn
Masturuslanceolatus
44
Cá nòng nọc nhật bản
Ateleopus japonicus
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Cá ngựa nhật
Hippocampus japonicus
46
Cá đường (Cá sủ giấy)
Otolithoidesbiauratus
47
Cá kẽm chấm vàng
Plectorhynchusflavomaculatus
48
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Plectorhynchusgibbosus
49
Cá song vân giun
Epinephelusundulatostriatus
50
Cá mó đầu u
Bolbometoponmuricatum
51
Cá mú dẹt
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52
Cá mú chấm bé
Plectropomusleopardus
53
Cá mú sọc trắng
Anyperodonleucogrammicus
54
Cá hoàng đế
Pomacanthus imperator
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LỚP CÁ SỤN
CHONDRICHTHYES
55
Các loài cá đuối nạng
Mobula sp.
56
Các loài cá đuối ó mặt quỷ
Manta sp.
57
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Okamejeikenojei
58
Cá giống mõm tròn
Rhinaancylostoma
59
Cá mập đầu bạc
Carcharhinus albimarginatus
60
Cá mập đầu búa hình vỏ sò
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61
Cá mập đầu búa lớn
Sphyrna mokarran
62
Cá mập đầu búa trơn
Sphyrna zygaena
63
Cá mập đầu vây trắng
Carcharhinus longimanus
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Cá mập đốm đen đỉnh đuôi
Carcharhinus melanopterus
65
Cá mập hiền
Carcharhinus amblyrhynchoides
66
Cá mập lơ cát
Carcharhinus leucas
67
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Carcharhinus falciformis
68
Cá mập trắng lớn
Carcharodon carcharias
69
Cá nhám lông nhung
Cephaloscyllium umbratile
70
Cá nhám nâu
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71
Cá nhám nhu mì
Stegostomafasciatum
72
Cá nhám rang
Rhinzoprionodonacutus
73
Cá nhám thu
Lamna nasus
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Cá nhám thu/cá mập sâu
Pseudocarchariaskamoharai
75
Cá nhám voi
Rhincodon typus
76
Các loài cá đao
Pristidae spp.
77
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Alopias spp.
IV
LỚP HAI MẢNH
VỎ
BIVALVIA
78
Trai bầu dục cánh cung
Margaritanopsislaosensis
79
Trai cóc dày
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80
Trai cóc hình lá
Lamprotulablaisei
81
Trai cóc nhẵn
Cuneopsisdemangei
82
Trai cóc vuông
Protuniomessageri
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Trai mẫu sơn
Contradensfultoni
84
Trai sông bằng
Pseudobaphiabanggiangensis
V
LỚP CHÂN BỤNG
GASTROPODA
85
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Tridacna spp.
86
Họ ốc anh vũ (tất cả các loài)
Nautilidae
87
Ốc đụn cái
Tectusniloticus
88
Ốc đụn đực
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89
Ốc mút vệt nâu
Cremnoconchusmessageri
90
Ốc sứ mắt trĩ
Cypraeaargus
91
Ốc tù và
Charoniatritonis
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Ốc xà cừ
Turbo marmoratus
VI
LỚP SAN HÔ
ANTHOZOA
93
Bộ san hô đá (tất cả các loài)
Scleractinia
94
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Stolonifera
95
Bộ san hô đen (tất cả các loài)
Antipatharia
96
Bộ san hô sừng (tất cả các loài)
Gorgonacea
97
Bộ san hô xanh (tất cả các loài)
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VII
NGÀNH DA GAI
ECHINODERMATA
98
Cầu gai đá
Heterocentrotusmammillatus
99
Hải sâm hổ phách
Thelenotaanax
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Hải sâm lựu
Thelenotaananas
101
Hải sâm mít hoa (Hải sâm dừa)
Actinopygamauritiana
102
Hải sâm trắng (Hải sâm cát)
Holothuria (Metriatyla) scabra
103
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Microthelenobilis
VIII
GIỚI THỰC VẬT
PLANTAE
104
Cỏ nàn
Halophila beccarii
105
Cỏ xoan đơn
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106
Cỏ lăn biển
Syringodiumizoetifolium
107
Rong bắp sú
Kappaphycus striatum
108
Rong bong bóng đỏ
Scinaiaboergesenii
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Rong câu chân vịt
Hydropuntiaeucheumoides
110
Rong câu cong
Gracilariaarcuata
111
Rong câu dẹp
Gracilariatextorii
112
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Gracilaria rubra
113
Rong câu gậy
Gracilariablodgettii
114
Rong chân vịt nhăn
Cryptonemiaundulata
115
Rong đông gai dày
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116
Rong đông sao
Hypneacornuta
117
Rong hồng mạc nhăn
Halymeniadilatata
118
Rong hồng mạc trơn
Halymeniamaculata
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Rong hồng vân
Betaphycusgelatinum
120
Rong hồng vân thỏi
Eucheuma arnoldii
121
Rong kỳ lân
Kappaphycuscottonii
122
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Sargassum quinhonensis
123
Rong mơ mềm
Sargassum tenerrimum
124
Rong nhớt
Helminthodadiaaustralis
125
Rong sụn gai
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126
Rong tóc tiên
Bangiafuscopurpurea
Appendix IV
LIST OF CONDITIONAL BUSINESS LINES
Line Item No.
BUSINESS LINES
1
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2
Combat gear trading (incl. repair)
3
Trading in fireworks, excluding firecrackers
4
Trading in camouflage devices
and software used for sound and video recording and positioning
5
Trading of paintball guns
6
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7
Pawnshop services
8
Pawnshop services
9
Trading in warning devices for
emergency vehicles
10
Security guard services
11
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12
Lawyer’s practice
13
Notary’s practice
14
Judicial assessment in the
fields of finance, banking, construction, antiques, relics, copyright
15
Auctioneer's practice
16
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17
Practice by asset managers and
liquidators regarding assets of enterprises and co-operatives in the pending
time of bankruptcy
18
Accounting services
19
Auditing services
20
Tax agency services
21
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22
Duty-free goods trading
23
Bonded warehouse and container
freight station business
24
Premises for conducting
customs procedures, customs gathering, inspection and supervision for
rent
25
Securities trading
26
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27
Insurance business
28
Reinsurance business
29[10]
Insurance brokerage
29a[11]
Insurance auxiliary services
30
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31
Valuation service
32
Lottery business
33
Prize-winning electronic games
for foreigners
34
Credit rating services
35
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36
Betting business
37
Voluntary retirement fund
management services
38
Petro and oil trading
39
Gas trading
40
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41
Industrial explosive trading
(including destruction thereof)
42
Explosive precursor trading
43
Business operations using
industrial explosives and explosive precursors
44
Blasting services
45
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46
Spirit trading
47
Trading tobacco products,
tobacco raw materials, and machinery and equipment serving tobacco industry
48
Trading in foods under the
management of the Ministry of Industry and Trade
49
Commodity exchange operations
50
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51
Rice export
52
Temporary import for re-export
of goods subject to special excise tax
53
Temporary import for re-export
of frozen food
54
Temporary import for re-export
of goods on the List of used goods
55
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56
Industrial precursor trading
57
Goods trading and activities
directly related goods trading by foreign service providers in Vietnam
58
Multi-level marketing
59
E-commerce activities
60
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61
Energy auditing
62
Vocational educational
activities
63
Vocational education
accreditation
64
Occupational skill assessment
services
65
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66
Occupational safety and health
training services
67
Employment agency services
68
Overseas employment agency
services
69
Voluntary drug rehabilitation
services, smoking cessation services, HIV/AIDS treatment service, care
services for the elderly, people with disabilities and children
70
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71
Road transport services
72
Automobile warranty and
maintenance services
73
Manufacture, assembly and
import of automobiles
74
Motor vehicle inspection
services
75
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76
Traffic safety inspector
training services
77
Driving test services
78
Traffic safety assessment
services
79
Waterway transport services
80
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81
Inland waterway ship
crewmember and operator training services
82
Crewmember training and
coaching, and ship crewmember recruitment and supply
83
Maritime safety services
84
Sea transport services
85
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86
Import and dismantling of used
sea-going ship
87
Ship building, modification
and repair services
88
Commercial operation of
seaports
89
Air transport business
90
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91
Commercial operation of
airports and aerodromes
92
Aviation services at airports
and aerodromes
93
Air navigation services
94
Flight crew training services
95
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96
Rail infrastructure business
97
Urban rail business
98
Multimodal transport services
99
Hazardous goods transport
services
100
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101
Real estate business
102
Clean water (domestic water)
trading
103
Architectural services
104
Construction project
management consultancy services
105
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106
Construction design and
construction design assessment services
107
Construction supervision
services
108
Construction services
109
Foreign contractors’
construction activities
110
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111
Construction inspection
services
112
Construction experiment
services
113
Apartment building operation
and management services
114
Cremation facility management
and operation services
115
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116
Trading in white asbestos of
the serpentine group
117
Postal services
118
Telecommunications services
119
Digital signature
authentication services
120
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121
Printing services excluding
package printing
122
Publication release services
123
Social network services
124
Telecommunications network-
and internet-based games
125
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126
General news website
development services
127
Processing, recycling, repair
and refurbishment of used IT products on the list of used IT products banned
from import for foreign partners
128
Provision of information and
IT services on mobile network or the Internet
129
Domain name registration and
maintenance services
130
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131
Electronic identification and
authentication services
132
Network information security
products and services
132a[12]
Trading in cybersecurity
products and services (excluding trading in cybersecurity products and
services and civil cryptographic products and services)
133
Imported newspaper
distribution services
134
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135
Trading in mobile phone
jammers
136
Operation of pre-school
institutions
137
Operation of general education
institutions
138
Operation of higher education
institutions
139
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140
Operation of continuing
education institutions
141
Operation of specialized
schools
142
Educational cooperation with
foreign partners
143
Education accreditation
144
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145
Fishing
146
Trading in fishery products
147
Trading in aquaculture feeds
and animal feeds
148
Aquaculture feed and animal
feed testing services
149
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150
Fishing vessel building and
modification
151
Fishing vessel registration
152
Training and retraining crew
members of fishing vessels
153
Breeding and cultivation of
wild flora and fauna prescribed in the CITES Appendices and the List of
endangered, precious and rare forest plant and animal species and aquatic
species
154
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155
Import, export, re-export,
transit, and introduction from the sea of natural specimens of species
prescribed in the CITES appendices and lists of endangered, precious and rare
forest plant and animal species and aquatic species
156
Import, export and re-export
of bred, reared or artificially propagated specimens of species prescribed in
the CITES appendices and lists of endangered, precious and rare forest plant
and animal species and aquatic species
157
Processing, trading,
transporting, advertising displaying and storing specimens of plant and
animal species prescribed in the CITES appendices and lists of endangered,
precious and rare forest plant and animal species and aquatic species
158
Trading in agrochemicals
159
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160
Agrochemical testing services
161
Plant protection services
162
Trading in veterinary drugs,
vaccines, biological preparations, microorganisms and chemicals serving
veterinary medicine
163
Veterinary technical services
164
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165
Vaccination, diagnosis,
prescription, treatment and healthcare services for animals
166
Veterinary drug testing and
experimenting services (including veterinary drugs, aquatic veterinary drugs,
vaccines, biological preparations, microorganisms and chemicals serving
veterinary medicine and aquaculture veterinary medicine)
167
Farm breeding services
168
Domestic animal and poultry
slaughtering services
169
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170
Animals and animal product
quarantine services
171
Trading in fertilizers
172
Fertilizer testing services
173
Trading in plant varieties and
animal breeds
174
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175
Plant variety and animal breed
testing services
176
Aquatic breed testing services
177
Testing biological
preparations, microorganism, chemicals, environmental remediation agents
serving aquaculture and husbandry
178
Trading in genetically
modified food
179
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180
Cosmetic surgery services
181
Pharmacy business
182
Cosmetics production
183
Trading in insecticidal and
germicidal chemicals and preparations for medical use
184
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185
Industrial property assessment
services (comprising assessment of copyright and related rights, assessment
of industrial property ownership and assessment of plant variety rights)
186
Radiological work services
187
Atomic energy application
ancillary services
188
Conformity assessment services
189
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190
Technology assessment,
valuation and examination services
191
Intellectual property right
representation services (comprising industrial property representation
services and plant variety right representation services)
192[13]
Film release and distribution
services
193
Antique appraisal services
194
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195
Karaoke and dance hall service
business
196
Travel services
197
Sporting services of
professional sports businesses and clubs
198
Business of services of art
performance, fashion show, beauty and model contest services
199
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200
Accommodation service business
201
Purchase and sale of national
relics, antiques and treasures
202
Export of relics and antiques
not owned by the State, political organizations or socio-political
organizations; import of cultural goods subject to the specialized management
by the Ministry of Culture, Sports and Tourism
203
Museum service business
204
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205
Business of land survey and
assessment consultancy services
206
Business of land use planning
services
207
Business of services of
construction of information technology technical infrastructure and
engineering of software for land information systems
208
Business of land database
construction services
209
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210
Geodesy and cartography
service business
211
Business of
hydro-meteorological forecast and warning services
212
Business of groundwater
drilling and prospecting services
213
Water resources extraction
services and services of discharge of wastewater into water bodies
214
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215
Mineral exploration service
business
216
Mining and extraction of
mineral resources
217
Business of hazardous waste
transportation and disposal services
218
Scrap or waste import
219
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220
Operations of commercial banks
221
Operations of non-bank credit
institutions
222
Operations of coooperative
banks, people's credit funds and microfinance institutions
223
Provision of payment
intermediary services and payment services via customer’s checking accounts
224
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225
Operations and provision of
forex services of entities other than credit institutions
226
Gold trading
227
Banknote printing and minting
operations
[1] The Law on
Environmental Protection No. 72/2020/QH14 has the following legal bases:
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The National Assembly hereby promulgates the Law
on Environmental Protection.”.
The Law No. 03/2022/QH15 on amendments to certain
Articles of the Law on Public Investment, the Law on Public-Private Partnership
Investment, the Law on Investment, the Law on Housing, the Law on Bidding, the
Law on Electricity, the Law on Enterprises, the Law on Special Excise Duties
and the Law on Civil Judgment Enforcement as follows:
“Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates the Law on
amendments to certain articles of the Law on Public Investment No.
39/2019/QH14, which is amended by the Law No. 64/2020/QH14 and the Law No.
72/2020/QH14; the Law on Public-Private Partnership Investment No.
64/2020/QH14; the Law on Investment No. 61/2020/QH14, which is amended by the
Law No. 72/2020/QH14; the Law on Housing No. 65/2014/QH13, which is amended by
the Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14 and the
Law No. 64/2020/QH14; the Law on Bidding No. 43/2013/QH13, which is amended by
the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 40/2019/QH14
and the Law No. 64/2020/QH14; the Law on Electricity No. 28/2004/QH11, which is
amended by Law No. 24/2012/QH13 and the Law No. 28/2018/QH14; the Law on Enterprises
No. 59/2020/QH14; the Law on Special Excise Duties No. 27/2008/QH12, which is
amended by the Law No. 70/2014/QH13, Law No. 71/2014/QH13 and the Law No.
106/2016/QH13; the Law on Civil Judgment Enforcement No. 26/2008/QH12, which is
amended by the Law No. 64/2014/QH13, Law No. 23/2018/QH14 and the Law No.
67/2020/QH14.”.
The Law on Cinematography No. 05/2022/QH15 has the
following legal bases:
“Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly of Vietnam hereby promulgates
the Law on Cinematography.”.
The Law on Insurance Business No. 08/2022/QH15 has
the following legal bases:
“Pursuant to the Constitution of the Socialist
Republic of Vietnam;
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[2] This point shall be
amended and supplemented as per clause 1 of Article 3 in the Law No.
03/2022/QH15 on amendments to certain Articles of the Law on Public Investment,
the Law on Public-Private Partnership Investment, the Law on Investment, the
Law on Housing, the Law on Bidding, the Law on Electricity, the Law on
Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment
Enforcement, in force as from March 1, 2022.
[3] This point shall be
amended and supplemented as per clause 1 of Article 3 in the Law No.
03/2022/QH15 on amendments to certain Articles of the Law on Public Investment,
the Law on Public-Private Partnership Investment, the Law on Investment, the
Law on Housing, the Law on Bidding, the Law on Electricity, the Law on Enterprises,
the Law on Special Excise Duties and the Law on Civil Judgment Enforcement, in
force as from March 1, 2022.
[4] This point shall be
amended and supplemented as per clause 2 of Article 3 in the Law No.
03/2022/QH15 on amendments to certain Articles of the Law on Public Investment,
the Law on Public-Private Partnership Investment, the Law on Investment, the
Law on Housing, the Law on Bidding, the Law on Electricity, the Law on
Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment
Enforcement, in force as from March 1, 2022.
[5] This point shall be
amended and supplemented as per clause 2 of Article 3 in the Law No.
03/2022/QH15 on amendments to certain Articles of the Law on Public Investment,
the Law on Public-Private Partnership Investment, the Law on Investment, the
Law on Housing, the Law on Bidding, the Law on Electricity, the Law on
Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment
Enforcement, in force as from March 1, 2022.
[6] This point shall be
amended and supplemented as per clause 3 of Article 3 in the Law No.
03/2022/QH15 on amendments to certain Articles of the Law on Public Investment,
the Law on Public-Private Partnership Investment, the Law on Investment, the
Law on Housing, the Law on Bidding, the Law on Electricity, the Law on
Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment
Enforcement, in force as from March 1, 2022.
[7] Article 170 and 171
in the Law on Environmental Protection No. 72/2020/QH14, in force as of January
1, 2022, includes the following regulations:
“Article 170. Entry in force
1. This Law comes into force from January 01,
2022, except for the case in Clause 2 of this Article.
2. Clause 3 Article 29 of this Law comes into
force from February 01, 2021.
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Article 171. Grandfather clauses
1. Sufficient and valid documents received by
competent regulatory bodies to be processed according to administrative
procedures concerning the environment before the effective date of this Law
shall be processed in accordance with the law at the time of receipt, unless
the organization or individual wishes to apply this Law.
2. The decisions to approve environmental impact
assessment reports, preliminary environmental impact assessment reports,
detailed environmental impact assessment reports, additional environmental impact
assessment reports, re-prepared environmental impact assessment reports and
detailed environmental protection projects, written confirmations of simple
environmental protection projects, certificates of registration of satisfaction
of environmental standards, environmental protection commitments and
environmental protection plans which were promulgated by competent authorities
before the effective date of this Law are equivalent to the decision to approve
EIAR appraisal result upon considering issuing the environmental license.
3. The decisions to approve projects on deposit
payment, environmental improvement and remediation; environmental improvement
and remediation projects; environmental improvement and remediation schemes;
additional environmental improvement and remediation schemes which were
promulgated by competent authorities before the effective date of this Law are
part of the approval decisions and written confirmations specified in Clause 2
of this Article with respect to mineral mining projects upon considering
issuing the environmental license.
4. Environmental certificates and conformations
which were promulgated by competent authorities before the effective date of
this Law, except for the case in Point d Clause 2 Article 42 of this Law, may
be used until their expiry.
5. Licenses to discharge wastewater into water
sources and licenses to discharge wastewater into hydraulic structures issued
in accordance with the Law on Water Resource and Law on Irrigation may be used
until their expiry and constitute part of the environmental license specified
in this Law. Holders of licenses to discharge wastewater into water sources and
licenses to discharge wastewater into hydraulic structures are entitled to
request a competent authority to issue the environmental license if their works
and equipment for exhaust gas treatment and solid waste treatment have been
completed as prescribed by this Law.
6. The Government shall elaborate this
Article.”.
Article 10 and 11 in the Law No.
03/2022/QH15 on amendments to certain Articles of the Law on Public Investment,
the Law on Public-Private Partnership Investment, the Law on Investment, the
Law on Housing, the Law on Bidding, the Law on Electricity, the Law on
Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment
Enforcement, in force as from March 1, 2022 as follows:
“Article 10. Entry in force
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Article 11. Grandfather clauses
1. Regarding public projects of group B, group C
using ODA funds and other preferential borrowings from foreign sponsors that
the Prime Minister approves the investment policy before the date of entry into
force of this Law and the case in clause 2 of this Article, the agency or
person accorded authority to make decisions on investment policy specified in
Article 1 of this Law is also accorded authority to adjust the investment
policy.
2. Regarding public projects of group B, group C
using ODA funds and other preferential borrowings from foreign sponsors that
complete procedures for preparation, appraisal and obtain a written appraisal
that forms the basis for decision on investment policy or adjustment to
investment policy as prescribed in Article 25 and Article 34 of the Law on
Public Investment No. 39/2019/QH14 amended by Law No. 64/2020/QH14 and Law No.
72/2020/QH14 before the date of entry into force of this Law, they will
continue to seek decision from the Prime Minister as per the Law on Public
Investment No. 39/2019/QH14 amended by Law No. 64/2020/QH14 and Law No.
72/2020/QH14
3. From the date of entry into force of this
Law, with regard to valid applications for approval for or adjustment to
investment guidelines regarding investment projects on construction of
residential housing (for sale, lease or lease purchase) and urban areas subject
to approval for investment guidelines of the Prime Minister as prescribed in
Article 31 of the Law on Investment No. 61/2020/QH14, amended by the Law No.
72/2020/QH14, now subject to approval for investment guidelines of the People’s
Committee of province as established in Article 3 of this Law, if any
application mentioned above has been received but the processing result has not
been received though the processing time goes beyond the time limit as prescribed
in the Law on Investment No. 61/2020/QH14, amended by the Law No. 72/2020/QH14,
then further comply with the Law on Investment No. 61/2020/QH14, amended by the
Law No. 72/2020/QH14.
4. With regard to valid applications for
approval for investment guidelines and approval for investor and adjustments to
investment guidelines regarding investment projects on commercial housing in
case the investor has the right to use the residential land or residential land
and other types of land, if any application mentioned above has been received
before the date of entry into force of this Law but it remains incompletely
processed, then further comply with Article 4 of this Law and relevant laws.
5. From the date of entry into force of this
Law, the judgment that remains unenforced or incompletely enforced shall comply
with this Law; decisions made of or actions performed by civil enforcement
agencies, executors in accordance with the Law on civil enforcement No.
26/2008/QH12, amended by the Law No. 64/2014/QH13, the Law No. 23/2018/QH14 and
the Law No. 67/2020/QH14 remain valid and may proceed further.”.
Article 49 and 50 of the Law on Cinematography No.
05/2022/QH15, in force as of January 1, 2023, set down the following
regulations:
“Article 49. Entry in force
1. This Law comes into force as of March 1,
2023.
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Article 50. Grandfather clauses
1. Film Dissemination Licenses and Broadcast
Decisions issued according to the Law on Cinematography of Vietnam No.
62/2006/QH11 amended by Law No. 31/2009/QH12, Law No. 35/2018/QH14, and Law No.
61/2020/QH14 may continue to comply with regulations prescribed thereof.
Licenses to cooperate, conduct joint film
production, and provide film production services issued for foreign
organizations and individuals according to the Law on Cinematography No.
62/2006/QH11 amended by Law No. 31/2009/QH12, Law No. 35/2018/QH14, and Law No.
61/2020/QH14 will be valid until they expire.
2. Films with Film Dissemination Licenses or
Broadcast Decisions have yet to implement warnings and show film ratings to
viewers according to regulations stipulated by the Minister of Culture, Sports,
and Tourism of Vietnam, within 1 year after the effective date of this Law,
supplement the warnings and display of film ratings for viewers in case of
dissemination continuation.”.
Article 156 and 157 in the Law
on Insurance Business No. 08/2022/QH15, in force as of January 1, 2023,
includes the following regulations:
“Article 156. Entry in force
1. This Law is entering into force as from January 01, 2023, unless
otherwise prescribed in clause 2 of this Article.
2. Clause 3 of Article 86; clause 4 and 5 of Article 94; Article 95;
clause 3 and 4 of Article 99; Article 109, 110, 111, 112, 113, 114 and 116
herein shall take effect as of January 1, 2028.
3. Law on Insurance Business No. 24/2000/QH10 amended and supplemented
according to the Law No. 61/2010/QH12 and Law No. 42/2019/QH14 shall be expired
after the entry into force of this Law, except in the following cases:
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b) Article 77, 78, 79, 80, 81, 83, 94 and 98 of
the Law on Insurance Business No. 24/2000/QH10 that have been amended and
supplemented according to Law No. 61/2010/QH12 and Law No. 42/2019/QH14 shall
be abolished by end of December 31, 2027.
Article 157. Grandfather clauses
1. Insurance
contracts that have been entered into before the effective date of this Law and
remain valid can continue to apply in accordance with legislation at the time
of conclusion of insurance contracts, except when contracting parties are
agreed on amendments and supplements thereto to make them aligned with this Law
and apply regulations of this Law.
2. Insurance
agent practising certificates issued before the entry into force of this Law
can continue to be used till end of December 31, 2025. Minister of Finance
shall impose detailed regulations on transformation from insurance agent
practising certificates issued before the entry into force of this Law into new
ones referred to in this Law.
3. Insurance
practising certificates, insurance agent practising certificates and
certificates of practising in insurance ancillary services that have been
issued before the entry into force of this Law shall continue to be used.
4. As from
January 1, 2023, insurance companies and branches of foreign non-life insurance
companies shall cease paying into the Fund for protection of insured persons.
5. Disposal and
management of balance of the Fund for protection of insured persons stipulated
in Article 97 in the Law on Insurance Business No. 24/2000/QH10 amended and
supplemented by the Law No. 61/2010/QH12 and the Law No. 42/2019/QH14 shall be
subject to the following regulations:
a) All balance
existing in the Fund for protection of insured persons shall be in the custody
of the Ministry of Finance to serve the purposes of protecting insured persons'
interests when insurance companies are declared insolvent or bankrupt;
b) The Government shall impose
detailed regulations on management and use of balance of the Fund for
protection of insured persons.
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[9] This clause shall be
annulled from January 1, 2022 under the provisions of clause 3 of Article 170
in the Law on Environmental Protection No. 72/2020/QH14, in force as of January
1, 2022.
[10] This business line
is revised according to Article 155 in the Law on Insurance Business No.
08/2022/QH15, in force as of January 1, 2023.
[11] This business line
is revised according to Article 155 in the Law on Insurance Business No.
08/2022/QH15, in force as of January 1, 2023.
[12] This business line
is revised as per clause 5 of Article 3 in the Law No. 03/2022/QH15 on
amendments to certain Articles of the Law on Public Investment, the Law on
Public-Private Partnership Investment, the Law on Investment, the Law on
Housing, the Law on Bidding, the Law on Electricity, the Law on Enterprises,
the Law on Special Excise Duties and the Law on Civil Judgment Enforcement, in
force as from March 1, 2022.
[13] This business line
is revised according to Article 48 in the Law on Cinematography No.
05/2022/QH15, in force as of January 1, 2023.