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THE OFFICE OF
THE NATIONAL ASSEMBLY OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.: 28/VBHN-VPQH
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Hanoi, December
29, 2022
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LAW
ON INVESTMENT
The Law on Investment No. 61/2020/QH14 dated June 17,
2020 of the National Assembly, which comes into force from January 01, 2021, is
amended by:
1. The Law on Environmental Protection No.
72/2020/QH14 dated November 17, 2020 of the National Assembly, which comes into
force from January 01, 2022;
2. The Law No. 03/2022/QH15 dated January 11, 2022
of the National Assembly providing amendments to the Law on Public Investment,
the Law on Public-Private Partnership Investment, the Law on Investment, the
Law on Housing, the Law on Electricity, the Law on Enterprises, the Law on
Excise Duties, and the Law on Civil Judgment Enforcement, which comes into
force from March 01, 2022;
3. The Law on Cinematography No. 05/2022/QH15 dated
June 15, 2022 of the National Assembly, which comes into force from January 01,
2023;
4. The Law on Insurance Business No. 08/2022/QH15
dated June 16, 2022 of the National Assembly, which comes into force from
January 01, 2023;
5. The Law No. 09/2022/QH15 dated November 09, 2022
of the National Assembly providing amendments to the Law on Radio Frequencies,
which comes into force from July 01, 2023.
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The National Assembly herein promulgates the Law
on Investment[1].
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law prescribes business investment activities
in Vietnam and outward business investment activities of Vietnam.
Article 2. Regulated entities
This Law applies to investors, authorities,
organizations and individuals (hereinafter referred to as “entities”) involved
in business investment activities.
Article 3. Definitions
For the purposes of this Law, the following terms
shall be construed as follows:
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2. “investment registration authority” means
a regulatory authority that is competent to issue, adjust and revoke investment
registration certificates.
3. “national investment database” means a
collection of data on investment projects nationwide that is connected to
databases of relevant agencies.
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 that must be satisfied by an organization or individual 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.
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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.
13. “outward investment activity” means an
investor transferring investment capital from Vietnam to a foreign country and
using profit obtained from such investment capital to carry out investment
activities in a foreign country.
14. “business cooperation contract” (hereinafter
referred to as BCC) means a contract signed by and 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 activities.
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 entities.
19. “foreign investor” means an individual
holding a foreign nationality, or an organization established under the law of
a foreign country, 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.
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22. “foreign-invested business organization” means
an organization whose members or shareholders include foreign investors.
23. “investment capital” means money and
other assets, as prescribed by the civil code and treaties to which the
Socialist Republic of Vietnam is a signatory, which are used for carrying out
business investment activities.
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 are different from those laid down in
other laws promulgated before the effective date of this Law, 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 guarantee in this Law are different from
those laid down in other laws 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 shall comply with 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 shall
comply with the Law on Public Investment;
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d) Execution of construction, housing and urban
area projects, which shall with the Law on Construction, Law on Housing and Law
on Real Estate Business after investment guidelines or adjusted investment
guidelines thereof have been approved by competent authorities in accordance
with regulations of the Law on Investment;
dd) Power, procedures and conditions for making
business investment, which are prescribed in the Law on Credit Institutions,
Law on Insurance Business and Law on Petroleum;
e) Power, procedures and conditions for making
investment or performing securities and securities market-related activities in
the securities market of Vietnam, which shall comply with 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 practices if such agreement is not contrary to
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. An investor’s business investment activities
shall be suspended, stopped or terminated if they are found to harm or
potentially harm national defense and security.
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5. The State shall provide fair and equitable
treatment to all investors, and adopt policies to encourage and enable them to
carry out business investment activities and to ensure sustainable development
of economic sectors.
6. The State shall respect and comply with
investment treaties to which the Socialist Republic of Vietnam is a signatory.
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 the 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;
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g) Business in firecrackers;
h) Provision of debt collection services.
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, the Government’s Decrees and
treaties to which the Socialist Republic of Vietnam is a signatory. Ministries,
ministerial agencies, People’s Councils and People’s Committees at all levels,
and other entities shall not be allowed to promulgate any 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:
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b) Forms of fulfillment of the business investment
conditions;
c) Contents of the business investment conditions;
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;
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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.
7. The conditional business lines and the
corresponding conditions shall be posted on the National Business Registration
Portal.
8. The Government shall elaborate the announcement
and control of business investment conditions.
Article 8. Amendments and additions to List of
banned business lines, List of conditional business lines and 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, the Government’s Decrees and treaties to which the Socialist Republic
of Vietnam is a signatory, the Government shall promulgate a Negative List for
Market Access, including:
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b) Restricted business lines.
3. Market access conditions applied to foreign
investors specified in the Negative List for Market Access include:
a) Holding of charter capital by a foreign investor
in a business organization;
b) Investment method;
c) Scope of investment;
d) Capacity of the investor; partners participating
in investment activities;
dd) Other conditions specified in Laws and
Resolutions of the National Assembly, Ordinances and Resolutions of the
Standing Committee of the National Assembly, the Government’s Decrees and
treaties to which the Socialist Republic of Vietnam is a signatory.
4. The Government shall elaborate this Article.
Chapter II
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Article 10. Guarantees for asset ownership
1. Lawful assets of investors shall not be
nationalized or confiscated by administrative measures.
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 receive payment
or compensation 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;
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e) Provide goods/service at a particular location
in Vietnam or overseas;
g) Have the headquarters situated at a location
requested by a competent authority.
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 Clause.
Article 12. Guarantees for transfer of foreign
investors’ assets overseas
After having fulfilled all financial obligations to
Vietnamese government, 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 their lawful
ownership.
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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.
2. Where a new law that provides less favorable
investment incentives than those previously enjoyed by investor is promulgated,
investors shall keep enjoying the current incentives for the remaining period
of the incentive enjoyment of the project.
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
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2. Disputes between domestic investors and/or
foreign-invested business organizations, or between them and regulatory
agencies over business investment activities performed in the Vietnam’s
territory shall be settled by Vietnam's arbitration bodies or courts, except
for the cases in Clause 3 of this Article.
3. Every dispute between investors, one of which is
a foreign investor or a business organization defined in Points a, b and c
Clause 1 Article 23 of this Law, shall be settled by one of the following
agencies/organizations:
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 performed in the
Vietnam’s territory shall be settled by Vietnam’s arbitral tribunal or
Vietnam’s court, unless otherwise agreed upon in a contract or prescribed by a
treaty to which the Socialist Republic of Vietnam is a signatory.
Chapter III
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Article 15. Forms and objects for application of
investment incentives
1. Forms of investment incentives:
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. Objects 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;
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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;
dd) Hi-tech enterprises, science and technology
enterprises, and science and technology organizations; projects involving
transfer of technologies included in the List of technologies the transfer of
which is encouraged in accordance with regulations of the Law on Technology
Transfer; technology incubators, science and technology enterprise incubators
prescribed by the Law on High Technologies and the Law on Science and
Technology; enterprises manufacturing and providing technologies, equipment,
products and services with a view to satisfaction of environmental protection
requirements prescribed by the Law on Environment Protection;
e) Start-up projects, national innovation centers,
and research and development centers;
g) Investment in small and medium-sized
enterprises’ product distribution chain; investment in technical establishments
supporting small and medium-sized enterprises, small and medium-sized
enterprise incubators; investment in co-working spaces serving small and
medium-sized enterprises and startups as prescribed in 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 shall 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.
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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 enjoyment of investment incentives.
7. An investment project that is eligible for
various levels of investment incentives, including investment incentive
specified in Article 20 of this Law may apply the highest level.
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 and development, manufacturing of products formed from
science and technology results in accordance with regulations of the 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 electronic products, key
mechanical products, agricultural machinery, automobiles, automobile parts;
shipbuilding;
d) Manufacturing of products on the List of
prioritized supporting industry products;
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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;
g) Collection, treatment, recycling or re-use of
waste;
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.
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a) Disadvantaged areas and extremely disadvantaged
areas;
b) Industrial parks, export-processing zones,
hi-tech zones and economic zones.
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 assistance:
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;
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d) Assistance in access to business premises;
assistance in relocation of business establishments under decisions of
regulatory agencies;
dd) Assistance in science, technology and
technology transfer;
e) Assistance in market development and information
provision;
g) Assistance in research and development.
2. The Government shall, according to
socio-economic development orientations 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, development and 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.
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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.
2. Objects eligible for special investment
incentives and assistance specified in Clause 1 of this Article include:
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 of which at least VND 1,000 billion is disbursed 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 lines
eligible for special investment incentives with an investment capital of at
least VND 30,000 billion of which at least VND 10,000 billion is disbursed
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. Regulations on 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) any of the investment projects specified in
Clause 5 Article 15 of this Law.
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7. The Government shall elaborate this Article.
Chapter IV
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 form of a BCC contract.
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Article 22. Investment in establishment of
business organizations
1. Investors shall establish business organizations
in accordance with the following regulations:
a) Domestic investors shall establish business
organizations in accordance with regulations of the Law on enterprises and laws
corresponding to each type of business organization;
b) Foreign investors that wish to establish
business organizations shall be required to satisfy market access conditions
applied to foreign investors laid down in Article 9 of this Law;
c) Before establishing a business organization, the
foreign investor must have established an investment project and follow the
procedures for issuance or adjustment of 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 specified in the investment registration
certificate.
Article 23. Conduct of investment activities by
foreign-invested business organizations
1. When establishing a new business organization,
making investment by contributing capital, purchasing shares or stakes of a
business organization, or making investment under a BCC contract, a business
organization must satisfy the same conditions and follow the same investment procedures
as foreign investors if:
a) Over 50% of its charter capital is held by a
foreign investor(s) or, in case of a partnership, the majority of its general
partners are foreigners;
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c) Over 50% of its charter capital is held by a
foreign investor(s) and a business organization(s) mentioned in Point a of this
Clause.
2. Business organizations other than those
mentioned in Points a, b and c Clause 1 of this Article shall satisfy the same
conditions and follow the same investment procedures as domestic investors when
establishing business organizations, making investment by contributing capital,
purchasing shares or purchasing stakes of other business organizations or
making investment under BCC contracts.
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. Investment in form of capital
contribution or purchase of shares or stakes
1. Investors are entitled to contribute capital,
purchase shares or stakes of business organizations.
2. When making investment by contributing capital,
purchasing shares or stakes of business organizations, foreign investors must:
a) satisfy market access conditions applied to
foreign investors laid down in Article 9 of this Law;
b) ensure national defense and security in
accordance with this Law; and
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Article 25. Forms of capital contribution or
purchase of shares or stakes
1. A foreign investor may contribute capital to a
business organization in the following forms:
a) Purchase of shares sold at initial public
offerings of or additionally issued by joint-stock companies;
b) Contribution of capital to limited liability
companies or partnerships;
c) Contribution of capital to other business organizations
not mentioned in Point a and Point b of this Clause.
2. A foreign 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 limited partner of a
partnership to become a limited partner of such partnership;
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Article 26. Procedures for making investment in
form of capital contribution or purchase of shares or stakes
1. The investor that contributes capital to or
purchases shares or stakes of a business organization shall satisfy relevant
conditions and follow procedures for change of members/limited partners or
shareholders in accordance with regulations of law applicable to the
corresponding type of that business organization.
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/limited partners or
shareholders in one of the following cases:
a) The capital contribution or purchase of shares
or stakes results in an increase in the ownership ratio by foreign investors in
a business organization conducting business lines restricted to foreign
investors;
b) The capital contribution or purchase of shares
or stakes results in the event that a foreign investor or business organization
specified in Points a, b or c Clause 1 Article 23 of this Law will hold over
50% of the charter capital of a 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 contributes capital,
purchases shares or stakes of a business organization that holds a certificate
of rights to use land on an island or in a border or coastal commune, or 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 change of
shareholders/members/limited partners in accordance with regulations of
relevant laws 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, the regulations in
Clause 2 of this Article shall apply.
4. The Government shall provide specific
regulations on applications and procedures for capital contribution and
purchase of shares or stakes of business organizations specified in this
Article.
Article 27. Investment under BCCs (business
cooperation contracts)
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2. Procedures for issuance of investment
registration certificates in Article 38 of this Law shall apply to BCCs signed
between domestic investors and foreign investors, or between foreign investors.
3. Parties to a BCC shall establish a coordinating
board to execute that BCC. Functions, tasks and powers of the coordinating
board shall be agreed upon by the parties.
Article 28. Contents of BCCs
1. A BCC shall, inter alia, include the following
information:
a) Names, addresses and authorized representatives
of parties to the BCC; business address or project site;
b) Objectives and scope of business;
c) Contributions by the parties to the BCC, and
distribution of business investment results between the parties;
d) Schedule and duration of the BCC;
dd) Rights and obligations of parties to the BCC;
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g) Responsibilities for breach of the BCC; methods
of dispute settlement.
2. During the execution of a BCC, the parties may
reach an agreement on using assets acquired from the business cooperation to
establish an enterprise in accordance with regulations of law on enterprises.
3. The parties to a BCC are entitled to reach other
agreements provided that they 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) organizing bidding to select a qualified
investor in accordance with regulations of law on bidding; or
c) approving an investor as prescribed in Clauses 3
and 4 of this Article.
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3. If there is only one
person registering for participating in the land use right auction or the land
use right auction is unsuccessful in accordance with regulations of law on land
or if there is only one investor registering for participation in the bidding
in accordance with regulations of law on bidding, the competent authority shall
follow the procedures for approving the investor that satisfies the conditions
prescribed by relevant laws.
4. Regarding a project whose investment guidelines
require approval, the competent authority shall consider granting approval for
both investment guidelines and investor without holding a land use right
auction or bidding to select investor in the following cases:
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 transfer of
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. National Assembly’s power to approve
investment guidelines
The National Assembly shall grant approval for
investment guidelines of the following investment projects:
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a) Nuclear power plants;
b) Projects that require repurposing of land of
special-use forests, headwater protection forests or border protection forest
of at least 50 hectares; of sand-fixing and windbreak coastal forests or
protection forests for wave prevention of at least 500 hectares; of production
forests of at least 1,000 hectares;
2. Investment projects that require repurposing of
land meant for wet rice cultivation during 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. 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 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;
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c) New investment projects on passenger air
transport business;
d) Investment projects on construction of ports and
wharves of special seaports; ports and wharves in which investment is at least
VND 2,300 billion within the category of Class I seaports;
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) or urban areas that use at least 300 hectares of land or with a
population of 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 authorities 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. An investment project the approval for
investment guidelines of which falls within the jurisdiction of 02 provincial
People's Committees or more;
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Article 32. Power to approve investment
guidelines of provincial People’s Committees
1. Except for the investment projects set out in
Articles 30 and 31 of this Law, the provincial People’s Committees shall grant
approval for investment guidelines of the following investment projects:
a) Investment projects that need land allocated or
leased out by the State without auction or bidding for or receipt of transfer
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]
Investment projects on construction of residential housing (for sale, lease or
lease purchase) or urban areas that use less than 300 hectares of land or with
a population of less than 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
heritage sites; 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.
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1. An application for approval for investment
guidelines of an investment project proposed by an investor includes:
a) An application form for execution of the
investment project, including a commitment to incur all costs and risks if the
project is not approved;
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 which
includes 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 BCC if the investment project is executed
under a BCC;
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2. An application for approval for investment
guidelines of an investment project proposed by an investor includes:
a) An application form for approval for investment
guidelines;
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);
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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.
g) [6] Assessment of the conformance of the investment project to
the requirements of protection and promotion of value of cultural heritage and
the conditions prescribed by the law on cultural heritage.
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
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2. Within 15 days after the receipt of the
sufficient application, the Ministry of Planning and Investment of Vietnam
shall submit a report to the Prime Minister and request establishment of a
State Appraisal Council.
3. Within 90 days from the date of its
establishment, the State Appraisal Council shall organize appraisal of the
application and prepare an appraisal report including the contents set out in
Article 33 of this Law, then submit it to the Government.
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:
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b) Necessity of executing the investment project;
c) Conformity of the investment project with
national planning, regional planning, provincial planning, urban planning and special
economic - administrative unit planning (if any);
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 procedures for
appraisal by the State Appraisal Council.
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1. The application specified in Clauses 1 and 2
Article 33 of this Law shall be submitted to the Ministry of Planning and
Investment of Vietnam.
2. Within 03 working days from the date on which
the sufficient application is received, the Ministry of Planning and Investment
of Vietnam shall send relevant documents to relevant regulatory agencies to
seek their opinions about the contents specified in Article 33 of this Law.
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 of Vietnam.
4. Within 40 days from the receipt of the
application, the Ministry of Planning and Investment of Vietnam 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.
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2. Within 03 working days from the receipt of the
sufficient application, 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.
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 investment registration
authority.
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, or 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;
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2. The investment registration certificate is not
required in the following cases:
a) Investment projects of domestic investors;
b) Investment projects of the business
organizations mentioned in Clause 2 Article 23 of this Law;
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 Law 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
investment registration certificate
1. The investment registration authority shall
consider issuing the investment registration certificate to an investment
project prescribed in Article 30, Article 31 or Article 32 of this Law within:
a) 05 working days from the receipt of the written
approval for investment guidelines and the written approval for investor with
respect to an investment project that requires an investment registration
certificate;
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2. An investment registration certificate shall be
issued to an investment project other than those prescribed in Article 30,
Article 31 and Article 32 of this Law if the following conditions are met:
a) The investment project does not involve any
banned business line;
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 (if any);
dd) Market access conditions applied to foreign
investors are satisfied.
3. The Government shall elaborate conditions,
applications and procedures for issuance of investment registration
certificate.
Article 39. Power to issue, adjust and revoke
investment registration certificates
1. Management boards of industrial parks,
export-processing zones, hi-tech zones and economic zones 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.
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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:
a) An investment project that is executed in at
least 02 provinces;
b) An investment project that is executed both
inside and outside an industrial park, export processing zone, hi-tech zone or
economic zone;
c) An investment project that is executed inside an
industrial park, export processing zone, hi-tech zone or economic zone of which
the management board has not yet been established or does not have the
jurisdiction over this project.
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.
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5. Objectives and scale of the project.
6. Capital investment in the investment project
(including the investor's contributed capital and raised capital).
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. Adjustment of investment projects
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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.
3. The investor that has an investment project
whose investment guidelines have been approved shall follow procedures for
approving the adjustment to the investment guidelines in one of the following
cases:
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.
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a) It is necessary to remedy the consequences of an
event of force majeure in accordance with the civil law and the land law;
b) The project execution schedule is adjusted because
the State delays allocating or leasing out land to the investor or allowing the
investor to repurpose land;
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 approve 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.
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8. The Government shall elaborate this Article.
Section 4. EXECUTION OF INVESTMENT PROJECTS
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 with collecting land
levy or leased out by the State with collecting a lump-sum rent;
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c) The State allocates or leases out land to the
investor on the basis of receipt of transfer 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;
d) The State allocates or leases out land to the
investor for execution of an investment project on the basis of receipt of
transfer of the land use right and assets on land from another land user.
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 duration prescribed in
Clauses 1 and 2 of this Article, except for the following investment projects:
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b) Investment projects in which the investor must
transfer assets without reimbursement to the State of Vietnam or the Vietnamese
side.
5. The Government shall elaborate this Article.
Article 45. Determination of value of investment
capital; assessment of value of investment capital; assessment of machinery,
equipment and technological lines
1. Investors shall assume responsibility to ensure
quality of machinery, equipment and technological lines employed for executing
their investment projects in accordance with regulations of law.
2. The investor shall self-determine the value of
the investment capital of the 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
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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;
b) The foreign investor receiving the investment
project or part of the investment project must satisfy the conditions set out
in Clause 2 Article 24 of this Law;
c) The conditions set forth in 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;
dd) The conditions set forth in the written
approval for investment guidelines or the investment registration certificate
or in relevant laws (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 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.
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1. The investor must notify the suspension of an
investment project to the investment registration authority in writing. If the
project has to be suspended due to 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 remedying consequences caused by the force
majeure event.
2. The investment authority shall decide to suspend
an investment project in part or in full in the following cases:
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) To implement 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 of Vietnam.
4. The Government shall elaborate conditions,
procedures and time limit for suspending investment projects in accordance with
this Article.
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1. An investor shall terminate their investment
activities and/or investment project in the following cases:
a) The investor decides to terminate the project;
b) The project has to be terminated according to
the conditions set out in the contract or charter of the enterprise;
c) Duration of the investment project expires.
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;
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e) The investor conducted the investment activities
on the basis of a sham civil transaction in accordance with the civil law;
g) The investment project is terminated according
to a judgment or decision of a court or an arbitral award.
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 offices
of foreign investors to BCCs
1. A foreign investor that is a party to a BCC may
establish an operating office in Vietnam to execute that BCC. The location of
the operating office shall be decided by the foreign investor depending on the
requirements for contract execution.
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3. The foreign investor to the BCC 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.
4. An application for establishment of an operating
office consists of:
a) An application form which specifies the name and
address of the representative office in Vietnam (if any) of the foreign
investor to the BCC; 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 BCC
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 BCC.
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 BCC.
Article 50. Shutdown of operating offices of
foreign investors to BCCs
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 shutdown notification to the investment registration authority of
the area where the operating office is located.
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a) A decision to shut down the operating office in
case the operating office is shut down ahead of schedule;
b) A list of creditors and amount of debts which
have been paid;
c) A list of employees and their benefits provided;
d) A tax authority’s certification of fulfillment
of tax liabilities;
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 BCC.
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.
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OUTWARD INVESTMENT ACTIVITIES
Section 1. GENERAL PROVISIONS
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, and 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 treaties, and themselves take
responsibility for the efficiency in outward investment activities.
Article 52. Outward investment forms
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;
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d) Trading in securities, other financial
instruments, or making investment via securities investment funds and other
intermediary financial institutions in a foreign country;
dd) Other forms of investment prescribed by law of
the host country.
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 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 subject to
conditional outward investment
1. Business lines subject to conditional outward
investment include:
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b) Insurance;
c) Securities;
d) Press, radio and television;
dd) Real estate business.
2. Conditions for making outward 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
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. Getting 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. Based on 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.
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Article 56. Power to approve outward investment
guidelines
1. The National Assembly shall grant approval for
outward investment guidelines of the following investment projects:
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
Clause 1 of this Article, 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 other than those mentioned
in Point a of this Clause with outward investment capital of VND 800 billion or
more.
3. Investment projects other than those 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 National Assembly
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a) An outward investment registration form;
b) A document about the investor’s legal status;
c) A proposal for the investment project which
shall, inter alia, include the following information: form, objectives, scale
and location of investment; preliminary determination of investment capital,
capital raising plan and structure of capital sources; project execution
schedule, investment phases (if any); preliminary analysis of the investment
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; 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 documents
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 of
Vietnam 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:
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b) The investor’s legal status;
c) Necessity of conducting outward investment
activities;
dd) 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;
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d) Other relevant documents.
6. Contents of validation of the request for
outward 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 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.
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a) The investor executing the project;
b) Investment objectives and location;
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 of Vietnam. Within
03 working days from the date on which the sufficient dossier is received, the
Ministry of Planning and Investment of Vietnam shall send 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.
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5. The Prime Minister shall consider granting
outward investment guideline approval comprising the contents set out in Clause
8 Article 57 of this Law.
Article 59. Outward investment decision
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.
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4. There is an outward investment decision as
prescribed in Article 59 of this Law.
5. There is a tax authority’s certification of the
fulfillment of tax obligations by the investor. Such certification must be
issued by the tax authority within the last 03 months.
Article 61. Procedures 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
of Vietnam 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 of Vietnam. The application includes:
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;
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3. In case the amount of foreign currency capital
transferred abroad is VND 20 billion or more, the Ministry of Planning and
Investment of Vietnam shall request the State Bank of Vietnam to provide
opinions in writing.
4. Within 15 days from receipt of the application
prescribed in Clause 2 of this Article, the Ministry of Planning and Investment
of Vietnam shall issue an outward investment registration certificate; in case
of rejection of the application, a written explanation shall be provided to the
investor.
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, and outward investment schedule.
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7. Investment incentives and assistance (if any).
Article 63. Adjustment of outward investment
registration certificate
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.
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3. An application for adjustment of the outward
investment registration certificate includes:
a) An application form for adjustment of the
outward investment registration certificate;
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 obligations 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 of
Vietnam 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
of Vietnam 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.
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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.
8. 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 approve the adjustment to outward investment guidelines.
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;
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g) The outward investment registration certificate
is invalidated according to a judgment or decision of a court or an arbitral
award.
2. The investor shall follow the procedures for
termination of the outward investment project in accordance with the law of the
host country and the procedures for invalidation of the outward investment
registration certificate.
3. The Ministry of Planning and Investment of
Vietnam shall invalidate outward investment registration certificates.
Section 4. CONDUCT OF OUTWARD INVESTMENT
ACTIVITIES
Article 65. Opening of outward investment
capital accounts
1. Each investor 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:
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b) The investment activities have been approved or
licensed by a competent authority of the host country. If an investment
licensing or approval is not required by the host country’s law, the investor
must provide documents proving their right to carry out investment activities
in that country;
c) There is a capital account as prescribed in Article
65 of this Law.
2. The transfer of investment capital overseas must
comply with regulations of laws 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 profits 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.
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Article 68. Repatriation of profits
1. Within 06 months from the date on which the tax
declaration or an equivalent document is available as prescribed by the host
country’s law, the investor shall repatriate the entire profit and other
incomes derived from outward investment unless the profit is retained as
prescribed in Article 67 of this Law.
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 of Vietnam 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 of
Vietnam shall assist the Government in performing uniform state management of
investment in Vietnam and outward investment, and has the following tasks and
rights:
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b) Promulgate or request competent authorities to
promulgate legislative documents on investment in Vietnam and outward
investment;
c) Promulgate forms of documents serving procedures
for investment in Vietnam and outward investment;
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 of 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;
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m) Negotiate and conclude investment-related
treaties within its power;
n) Perform other tasks and exercise other rights
regarding state management of investment as assigned by the Government and the
Prime Minister.
3. Ministries and ministerial agencies shall,
within their jurisdiction, cooperate with the Ministry of Planning and Investment
of Vietnam 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 of Vietnam, other 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 of Vietnam 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;
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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 of Vietnam;
i) Provide relevant information to establish a
national investment database; maintain and update management information
systems under their management and integrate them into the National Investment
Information System.
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 of Vietnam;
e) Provide relevant information to establish a
national investment database; maintain and update the National Investment
Information System;
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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.
Article 70. Supervision and assessment of
investment
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 as well as
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:
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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;
c) Investment registration authorities shall assess
the adherence to investment registration certificates and written approval for
investment guidelines.
4. Contents of overall supervision and assessment
of investment:
a) Promulgation of legislative documents
elaborating investment 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.
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1. The National Investment Information System
consists of:
a) National information system for domestic
investment;
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 of
Vietnam 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 systems 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.
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1. Reporting entities:
a) Ministries, ministerial agencies and provincial
People’s Committees;
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 of Vietnam 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 of Vietnam;
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 of Vietnam, which submit a consolidated report to
the Prime Minister;
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3. Agencies, investors and business organizations
shall make reports in writing via the National Investment Information System.
4. Agencies, investors and business organizations
mentioned in Clause 1 of this Article shall make ad hoc reports at the request
of competent authorities.
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 on 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 annual reports on
management of outward investment within their jurisdiction to the Ministry of
Planning and Investment of Vietnam, which will submit consolidated reports to
the Prime Minister;
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3. Reporting regulations applied to investors:
a) Within 60 days from the day on which the project
is approved or licensed as prescribed by the law of the host country, the
investor shall send a written notification of outward investment enclosed with
a copy of the written approval for the investment project or a document proving
the right to make investment in the host country to the Ministry of Planning
and Investment of Vietnam, the State Bank of Vietnam, and a representative
mission of Vietnam in the host country;
b) Investors shall submit quarterly and annual
reports on operation of their investment projects to the Ministry of Planning
and Investment of Vietnam, 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 statements, tax declaration, or
an equivalent document prescribed by the host country’s law to the Ministry of
Planning and Investment of Vietnam, the State Bank of Vietnam, the Ministry of
Finance of Vietnam, 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 the 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.
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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.
4. Funding for formulating and
organizing the implementation of the investment promotion program shall be
covered by the state budget and other lawful sources.
5. The Government shall elaborate this Article.
Chapter VII
IMPLEMENTATION [7]
Article 75. Amendments to some Articles of laws
related to business investment
1. Certain Articles of the Law on Housing No.
65/2014/QH13, already amended by the Law No. 40/2019/QH14, are amended as
follows:
a) Clause 2 Article 21 is amended as follows:
“2. Having a capital deposit or a bank guarantee to
execute each project in accordance with the law on investment.”;
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“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.
The Government shall elaborate this Point.”;
c) [8] (abrogated)
d) Clause 2 Article 170 is amended 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) Clause 7 Article 175 is amended 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
abrogated.
2. The Law on Real Estate Business No. 66/2014/QH13
is amended as follows:
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“1. Any organization or individual engaged in real
estate business must establish an enterprise or cooperative (hereinafter
referred to as “enterprise”), except for the cases mentioned in Clause 2 of
this Article.”.
b) Article 50 is amended as follows:
“Article 50. 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 a part or
whole of real estate project 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:”.
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a) Point a Clause 2 Article 25 is amended as
follows:
“a) Regarding the entities prescribed in Article 18
of this Law, the competent authority shall depend on the preliminary
environmental impact assessment to grant approval for investment guidelines;
and the investor is only allowed to execute the project after the environmental
impact assessment report has been approved.
Regarding a 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 dd Clause 2 Article 25 is amended as
follows:
“dd) With respect to the projects other than those
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. Certain Articles of the Law on Corporate Income
Tax No. 14/2008/QH12, already amended by the Law No. 32/2013/QH13 and the Law
No. 71/2014/QH13, are amended as follows:
a) Clause 5a is added after Clause 5 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 Article 14 as
follows:
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5. Certain Articles of the Law on Cinematography
No. 62/2006/QH11, already amended by the Law No. 31/2009/QH12 and the Law No.
35/2018/QH14, are amended as follows:
a) Article 14, Article 15 and Clause 3 of Article
30 are abrogated;
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, already amended by the Law No.
77/2015/QH13, the Law No. 35/2018/QH14 and the Law No. 40/2019/QH14, are
abrogated.
Article 76. Implementation clause
1. This Law comes into force from January 01, 2021,
except 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.
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Article 77. Transition
1. Investors that were issued with investment
licenses, investment incentive certificates, investment certificates or
investment registration certificates before the effective date of this Law
shall execute their investment projects in accordance with such investment
licenses, investment incentive certificates, investment certificates or
investment registration certificates.
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 have won the bidding for contractor
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.
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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.
7. The regulation in Clause 3 Article 44 of this
Law applies to both investment projects to which land was allocated before the
effective date of this Law and projects to which land has not yet been allocated.
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 provide 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. Transition provisions 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 making investment
according to the issued outward investment license or certificate or outward
investment registration certificate.
11. From the effective date of this Law, any application
which has been received but not yet processed although the application
processing deadline has expired as prescribed in the Law on Investment No.
67/2014/QH13 as 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
shall continue to be processed in accordance with Law on Investment No.
67/2014/QH13 as 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.
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CERTIFIED BY
CHAIRMAN OF THE
OFFICE OF THE NATIONAL ASSEMBLY
Bui Van Cuong
APPENDICES
(Enclosed with
the Law on Investment No. 61/2020/QH14)
Appendix I
NARCOTIC SUBSTANCES
BANNED FROM INVESTMENT
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No.
Substance’s
name
Scientific name
CAS number
1
Acetorphine
3-O-acetyltetrahydro - 7 - α - (1
- hydroxyl - 1 - methylbutyl) - 6, 14 - endoetheno - oripavine
25333-77-1
2
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N- [1 - (α - methylphenethyl) - 4 -
piperidyl] acetanilide
101860-00-8
3
Alphacetylmethadol
α - 3 - acetoxy - 6 - dimethylamino - 4,4
- diphenylheptane
17199-58-5
4
Alpha-methylfentanyl
N- [1 - (α - methylphenethyl) - 4 -
peperidyl] propionanilide
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5
Beta-hydroxyfentanyl
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
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Dihydrodeoxymorphine
427-00-9
8
Etorphine
Tetrahydro - 7α - (1 - hydroxy - 1 -
methylbutyl) - 6,14 - endoetheno -oripavine
14521-96-1
9
Heroine
Diacetylmorphine
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10
Ketobemidone
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
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N- [3 - methyl - 1 [2 - (2 - thienyl)
ethyl] - 4 - piperidyl] propionanilide
86052-04-2
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
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15
PEPAP
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
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Substance’s
name
Scientific name
CAS number
17
Brolamphetamine (DOB)
2,5 - dimethoxy - 4 - bromoamphetamine
64638-07-9
18
Cathinone
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71031-15-7
19
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
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DMA
(±) - 2,5 - dimethoxy - α -
methylphenylethylamine
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
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61-50-7
24
DOET
(±) - 4 - ethyl - 2,5 - dimethoxy - α -
phenethylamine
22004-32-6
25
Eticyclidine
N- ethyl - 1 - phenylcylohexylamine
2201-15-2
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Etryptamine
3 - (2 - aminobuty) indole
2235-90-7
27
MDMA
(±) - N - α - dimethyl - 3,4 -
(methylenedioxy) phenethylamine
42542-10-9
28
Mescalin
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54-04-6
29
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
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MMDA
(±) - 5 - methoxy - 3,4 - methylenedioxy - α
- methylphenylethylamine
13674-05-0
32
(+)-Lysergide (LSD)
9,10 - didehydro - N, N - diethyl - 6 -
methylergoline - 8β carboxamide
50-37-3
33
N-hydroxy MDA (MDOH)
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74698-47-8
34
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
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PMA
p - methoxy - α -
methylphenethylamine
64-13-1
37
Psilocine, Psilotsin
3 - [2 - (dimetylamino) ethyl] indol - 4 - ol
520-53-6
38
Psilocybine
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520-52-5
39
Rolicyclidine
1 - (1 - phenylcyclohexy) pyrrolidine
2201-39-0
40
STP, DOM
2,5 - dimethoxy - 4,α -
dimethylphenethylamine
15588-95-1
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Tenamfetamine (MDA)
α - methyl - 3,4 - (methylendioxy)
phenethylamine
4764-17-4
42
Tenocyclidine (TCP)
1 - [1 - (2 - thienyl) cyclohexyl] piperidine
21500-98-1
43
TMA
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1082-88-8
C. Substances and salts, whenever the existence
of such salts is possible
No.
Substance’s
name
Scientific name
CAS number
44
MPPP
1 - methyl - 4 - phenyl - 4 - piperidinol
propionate (ester)
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D. The following substances
No.
Substance’s
name
Scientific name
CAS number
45
Cannabis and derivatives
8063-14-7
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Khat leaves
Catha edulis leaves
47
Opium and opium preparations (excluding ethyl
esters of iodized fatty acids of poppy seed oil that do not contain opium)
Appendix II
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No.
Chemical’s name
in Vietnamese
Chemical’s 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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Ví dụ:
Example:
• Sarin: O-Isopropylmetyl phosphonofloridat
• Sarin: O-Isopropyl methylphosphonofluorid ate
2931.9080
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• Soman: O-Pinacolyl metylphosphonofloridat
• 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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Ví dụ:
Example:
Tabun: O-Ethyl N,N-dimetyl phosphoramidocyanidat
Tabun: O-Ethyl N,N- dimethyl
phosphoramidocyanidate
2931.9080
...
...
...
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3
Các hợp chất O-Alkyl (H hoặc <C10, gồm cả
cycloalkyl) S-2- dialkyl (Me, Et, n-Pr hoặc i-Pr)- aminoetyl alkyl (Me, Et,
n-Pr hoặc i-Pr) phosphonothiolat và các muối alkyl hóa hoặc proton hóa tương
ứng
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-Etyl S-2- diisopropylaminoetyl metyl
phosphonothiolat
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- Cloroetylchlorometylsulfit
• 2-Chloroethyl chloromethylsulfide
2930.9099
2625-76-5
• Khí gây bỏng: Bis (2- cloroetyl) sulfit
• Mustard gas: Bis(2- chloroethyl) sulfide
2930.9099
...
...
...
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• Bis (2-cloroetylthio) metan
• 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
...
...
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• 1,3-Bis (2-cloroetylthio) -n-propan
• 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
...
...
...
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• 1,5-Bis (2-cloroetylthio) -n-pentan
• 1,5-Bis(2-chloroethylthio)-n-pentane
2930.9099
142868-94-8
• Bis (2-cloroetylthiometyl) ete
• Bis(2- chloroethylthiomethyl)ether
2930.9099
...
...
...
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• Khí gây bỏng chứa Lưu huỳnh và Oxy: Bis
(2-cloroetylthioetyl) ete
• O-Mustard: Bis(2-chloroethylthioethyl) ether
2930.9099
63918-89-8
5
Các hợp chất Lewisit:
Lewisites:
...
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• Lewisit 1: 2- Clorovinyldicloroarsin
• Lewisite 1: 2- Chlorovinyldichloroarsine
2931.9080
541-25-3
• Lewisit 2: Bis (2- chlorovinyl) cloroarsin
• Lewisite 2: Bis(2- chlorovinyl)chloroarsine
2931.9080
...
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• Lewisit 3: Tris (2- chlorovinyl) arsin
• 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) etylamin
• HN1: Bis(2- chloroethyl)ethylamine
2921.1999
538-07-8
• HN2: Bis(2- chloroetyl) metylamin
• HN2: Bis(2- chloroethyl) methylamine
2921.1999
...
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• HN3: Tris(2-cloroetyl)amin
• HN3: Tris(2- chloroethyl)amine
2921.1999
555-77-1
7
Saxitoxin
Saxitoxin
3002.90
...
...
...
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8
Ricin
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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Ví dụ:
Example:
DF: Metylphosphonyldiflorit
DF: Methylphosphonyldifluoride
2931.9020
...
...
...
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10
Các hợp chất O-Alkyl (H hoặc<C10, gồm cả
cycloalkyl) O-2- dialkyl(Me, Et, n-Pr hoặc i-Pr)- aminoetyl alkyl(Me, Et,
n-Pr hoặc i-Pr) phosphonit và các muối alkyl hóa hoặc proton hóa tương ứng
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- diisopropylaminoetyl
metylphosphonit
QL: O-Ethyl O-2- diisopropylaminoethyl
methylphosphonite
2931.9080
57856-11-8
11
Chlorosarin:
O-Isopropyl metylphosphonocloridat
Chlorosarin: O-Isopropyl
methylphosphonochloridate
...
...
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1445-76-7
12
Chlorosoman:
O-Pinacolyl metylphosphonocloridat
Chlorosoman:
O-Pinacolyl methylphosphonochloridate
2931.9080
7040-57-5
13
...
...
...
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Dodecyl benzene sulfonic acid (DBSA)
29041000
27176-87-0
14
Amiăng crocidolit
Asbestos crocidolite
2524.10.00
12001-28-4
15
...
...
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Asbestos amosite
2524.90.00
12172-73-5
16
Amiăng anthophyllit
Asbestos anthophyllite
2524.90.00
17068-78-9
77536-67-5
17
...
...
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Asbestos actinolite
2524.90.00
77536-66-4
18
Amiăng tremolit
Asbestos tremolite
2524.90.00
77536-68-6
...
...
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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
No.
Vietnamese name
Scientific name
LỚP THÔNG
PINOSIDA
...
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Họ Hoàng Dàn
Cupressaceae
1
Bách vàng
Xanthocyparis vietnamensis
2
Bách Dài loan
Taiwania cryptomerioides
3
...
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Cupressus tonkinensis
4
Sa mộc dầu
Cunninghamia konishii
5
Thông nước
Glyptostrobus pensilis
Họ Thông
...
...
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6
Du sam Dá vôi
Keteleeria davidiana
7
Vân sam fan si pang
Abies delavayi subsp. fansipanensis
Họ Hoàng liên
gai
Berberidaceae
...
...
...
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Các loài Hoàng liên gai thuộc chi Berberis
Berberis spp.
Họ Mao lương
Ranunculaceae
9
Hoàng liên chân gà
Coptis quinquesecta
10
...
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Coptis chinensis
Họ Ngũ gia bì
Araliaceae
11
Sâm vũ diệp (Vũ diệp tam thất)
Panax bipinnatifidus
12
Tam thất hoang
...
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LỚP HÀNH
LILIOPSIDA
Họ lan
Orchidaceae
13
Lan kim tuyến
Anoectochilus setaceus
...
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Lan kim tuyến
Anoectochilus acalcaratus
15
Lan kim tuyến
Anoectochilus calcareus
16
Lan hài bóng
Paphiopedilum vietnamense
17
...
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Paphiopedilum villosum
18
Lan hài Dài cuộn
Paphiopedilum appletonianum
19
Lan hài chai
Paphiopedilum callosum
20
Lan hài râu
...
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21
Lan hài hê len
Paphiopedilum helenae
22
Lan hài henry
Paphiopedilum henryanum
23
Lan hài xanh
Paphiopedilum malipoense
...
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Lan hài chân tím
Paphiopedilum tranlienianum
25
Lan hài lông
Paphiopedilum hirsutissimum
26
Lan hài hằng
Paphiopedilum hangianum
27
...
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Paphiopedilum delenatii
28
Lan hài trân châu
Paphiopedilum emersonii
29
Lan hài hồng
Paphiopedilum micranthum
30
Lan hài xuân cảnh
...
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31
Lan hài tía
Paphiopedilum purpuratum
32
Lan hài trần tuấn
Paphiopedilum trantuanhii
33
Lan hài Dốm
Paphiopedilum concolor
...
...
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Lan hài tam Dảo
Paphiopedilum gratrixianum
LỚP NGỌC LAN
MAGNOLIOPSIDA
Họ Dầu
Dipterocarpaceae
35
...
...
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Shorea falcata
36
Kiền kiền phú quốc
Hopea pierrei
37
Sao hình tim
Hopea cordata
38
Sao mạng cà ná
...
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Họ Ngũ gia bì
Araliaceae
39
Sâm ngọc linh
Panax vietnamensis
IB
No.
Vietnamese name
...
...
...
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LỚP THÚ
MAMMALIA
BỘ LINH TRƯỞNG
PRIMATES
1
Cu li lớn
Nycticebus bengalensis
...
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Cu li nhỏ
Nycticebus pygmaeus
3
Chà vá chân Den
Pygathrix nigripes
4
Chà vá chân nâu
Pygathrix nemaeus
5
...
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Pygathrix cinerea
6
Voọc bạc Dông dương
Trachypithecus germaini
7
Voọc bạc trường sơn
Trachypithecus margarita
8
Voọc cát bà
...
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9
Voọc Den má trắng
Trachypithecus francoisi
10
Voọc hà tĩnh
Trachypithecus hatinhensis
11
Voọc mông trắng
Trachypithecus delacouri
...
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Voọc mũi hếch
Rhinopithecus avunculus
13
Voọc xám
Trachypithecus crepusculus
14
Vượn cao vít
Nomascus nasutus
15
...
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Nomascus concolor
16
Vượn má hung
Nomascus gabriellae
17
Vượn má trắng
Nomascus leucogenys
18
Vượn má vàng trung bộ
...
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19
Vượn siki
Nomascus siki
BỘ THÚ ĂN THỊT
CARNIVORA
20
Sói Dỏ (Chó sói lửa)
Cuon alpinus
...
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Gấu chó
Helarctos malayanus
22
Gấu ngựa
Ursus thibetanus
23
Rái cá lông mượt
Lutrogale perspicillata
24
...
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Lutra lutra
25
Rái cá vuốt bé
Aonyx cinereus
26
Rái cá lông mũi
Lutra sumatrana
27
Cầy mực
...
...
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28
Cầy gấm
Prionodon pardicolor
29
Báo gấm
Neofelis nebulosa
30
Báo hoa mai
Panthera pardus
...
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Beo lửa
Catopuma temminckii
32
Hổ Dông dương
Panthera tigris corbetti
33
Mèo cá
Prionailurus viverrinus
34
...
...
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Pardofelis marmorata
BỘ CÓ VÒI
PROBOSCIDEA
35
Voi Châu Á
Elephas maximus
BỘ MÓNG GUỐC LẺ
...
...
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36
Tê giác một sừng
Rhinoceros sondaicus
BỘ MÓNG GUỐC
CHẴN
ARTIODACTYLA
37
Bò rừng
Bos javanicus
...
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Bò tót
Bos gaurus
39
Hươu vàng
Axis porcinus annamiticus
40
Hươu xạ
Moschus berezovskii
41
...
...
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Megamuntiacus vuquangensis
42
Mang trường sơn
Muntiacus truongsonensis
43
Nai cà tong
Rucervus eldii
44
Sao la
...
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45
Sơn dương
Naemorhedus milneedwardsii
BỘ TÊ TÊ
PHOLIDOTA
46
Tê tê java
Manis javanica
...
...
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Tê tê vàng
Manis pentadactyla
BỘ THỎ RỪNG
LAGOMORPHA
48
Thỏ vằn
Nesolagus timminsi
...
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AVES
BỘ BỒ NÔNG
PELECANIFORMES
49
Bồ nông chân xám
Pelecanus philippensis
50
Cò thìa
...
...
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51
Quắm cánh xanh
Pseudibis davisoni
52
Quắm lớn (Cò quắm lớn)
Thaumatibis gigantea
53
Vạc hoa
Gorsachius magnificus
...
...
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BỘ CỔ RẮN
SULIFORMES
54
Cổ rắn
Anhinga melanogaster
BỘ BỒ NÔNG
PELECANIFORMES
55
...
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Egretta eulophotes
BỘ HẠC
CICONIFORMES
56
Già Dẫy nhỏ
Leptoptilos javanicus
57
Hạc cổ trắng
...
...
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58
Hạc xám
Mycteria cinerea
BỘ ƯNG
ACCIPITRIFORMES
59
Dại bàng Dầu nâu
Aquila heliaca
...
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Kền kền ấn Dộ
Gyps indicus
61
Kền kền ben gan
Gyps bengalensis
BỘ CẮT
FALCONIFORMES
62
...
...
...
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Falco peregrinus
BỘ CHOẮT
CHARADRIIFORMES
63
Choắt lớn mỏ vàng
Tringa guttifer
BỘ NGỖNG
...
...
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64
Ngan cánh trắng
Asarcornis scutulata
BỘ GÀ
GALLIFORMES
65
Gà lôi lam mào trắng
Lophura edwardsi
...
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Gà lôi tía
Tragopan temminckii
67
Gà lôi trắng
Lophura nycthemera
68
Gà so cổ hung
Arborophila davidi
69
...
...
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Polyplectron germaini
70
Gà tiền mặt vàng
Polyplectron bicalcaratum
71
Trĩ sao
Rheinardia ocellata
BỘ SẾU
...
...
...
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72
Sếu Dầu Dỏ (Sếu cổ trụi)
Grus antigone
BỘ Ô TÁC
OTIDIFORMES
73
Ô tác
Houbaropsis bengalensis
...
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BỘ BỒ CÂU
COLUMBIFORMES
74
Bồ câu ni cô ba
Caloenas nicobarica
BỘ HỒNG HOÀNG
Bucerotiformes
75
...
...
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Buceros bicornis
76
Niệc cổ hung
Aceros nipalensis
77
Niệc mỏ vằn
Rhyticeros undulatus
78
Niệc nâu
...
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BỘ SẺ
PASSERRIFORMES
79
Khướu ngọc linh
Trochalopteron ngoclinhense
LỚP BÒ SÁT
REPTILIA
...
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BỘ CÓ VẢY
SQUAMATA
80
Tắc kè Duôi vàng
Cnemaspis psychedelica
81
Thằn lằn cá sấu
Shinisaurus crocodilurus
82
...
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Varanus nebulosus (Varanus bengalensis)
83
Rắn hổ chúa
Ophiophagus hannah
BỘ RÙA
TESTUDINES
84
Rùa ba-ta-gua miền nam
...
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85
Rùa hộp trán vàng miền trung (Cuora bourreti)
Cuora bourreti
86
Rùa hộp trán vàng miền nam (Cuora picturata)
Cuora picturata
87
Rùa hộp trán vàng miền bắc
Cuora galbinifrons
...
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Rùa trung bộ
Mauremys annamensis
89
Rùa Dầu to
Platysternon megacephalum
90
Giải sin-hoe
Rafetus swinhoei
91
...
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Pelochelys cantorii
BỘ CÁ SẤU
CROCODILIA
92
Cá sấu nước lợ (Cá sấu hoa cà)
Crocodylus porosus
93
Cá sấu nước ngọt (Cá sấu xiêm)
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LIST OF ENDANGERED,
PRECIOUS AND RARE AQUATIC SPECIES
GROUP I
No.
Vietnamese name
Scientific name
I
LỚP DỘNG VẬT CÓ
VÚ
MAMMALIAS
...
...
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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)
Phocoenidae
3
Họ cá heo nước ngọt (tất cả các loài)
Platanistidae
4
...
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...
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Balaenopteridae
5
Họ cá voi mõm khoằm (tất cả các loài)
Ziphiidae
6
Họ cá voi nhỏ (tất cả các loài)
Physeteridae
II
LỚP CÁ XƯƠNG
...
...
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7
Cá chình mun
Anguilla bicolor
8
Cá chình nhật
Anguilla japonica
9
Cá cháy bắc
Tenualosareevesii
...
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Cá mòi Dường
Albulavulpes
11
Cá Dé
Ilishaelongata
12
Cá thát lát khổng lồ
Chitalalopis
13
...
...
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Semilabeo obscurus
14
Cá chép gốc
Procyprismerus
15
Cá hô
Catlocarpiosiamensis
16
Cá học trò
...
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17
Cá lợ thân cao (Cá lợ)
Cyprinus hyperdorsalis
18
Cá lợ thân thấp
Cyprinus multitaeniata
19
Cá măng giả
Luciocyprinuslangsoni
...
...
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Cá may
Gyrinocheilusaymonieri
21
Cá mè huế
Chanodichthysflavpinnis
22
Cá mơn (Cá rồng)
Scleropagesformosus
23
...
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Sinilabeograffeuilli
24
Cá rai
Neolisochilusbenasi
25
Cá trốc
Acrossocheilusannamensis
26
Cá trữ
...
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27
Cá thơm
Plecoglossusaltivelis
28
Cá niết cúc phương
Pterocryptiscucphuongensis
29
Cá tra dầu
Pangasianodongigas
...
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Cá chen bầu
Ompokbimaculatus
31
Cá vồ cờ
Pangasius sanitwongsei
32
Cá sơn Dài
Ompokmiostoma
33
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Gyrinocheiluspennocki
34
Cá trê tối
Clariasmeladerma
35
Cá trê trắng
Clariasbatrachus
36
Cá trèo Dồi
...
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37
Cá bàng chài vân sóng
Cheilinusundulatus
38
Cá dao cạo
Solenostomus paradoxus
39
Cá dây lưng gù
Cyttopsiscypho
...
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Cá kèn trung quốc
Aulostomuschinensis
41
Cá mặt quỷ
Scorpaenopsisdiabolus
42
Cá mặt trăng
Molamola
43
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Masturuslanceolatus
44
Cá nòng nọc nhật bản
Ateleopus japonicus
45
Cá ngựa nhật
Hippocampus japonicus
46
Cá Dường (Cá sủ giấy)
...
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47
Cá kẽm chấm vàng
Plectorhynchusflavomaculatus
48
Cá kẽm mép vẩy Den
Plectorhynchusgibbosus
49
Cá song vân giun
Epinephelusundulatostriatus
...
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Cá mó Dầu u
Bolbometoponmuricatum
51
Cá mú dẹt
Cromileptesaltivelis
52
Cá mú chấm bé
Plectropomusleopardus
53
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Anyperodonleucogrammicus
54
Cá hoàng Dế
Pomacanthus imperator
III
LỚP CÁ SỤN
CHONDRICHTHYES
55
Các loài cá Duối nạng
...
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56
Các loài cá Duối ó mặt quỷ
Manta sp.
57
Cá Duối quạt
Okamejeikenojei
58
Cá giống mõm tròn
Rhinaancylostoma
...
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Cá mập Dầu bạc
Carcharhinus albimarginatus
60
Cá mập Dầu búa hình vỏ sò
Sphyrna lewini
61
Cá mập Dầu búa lớn
Sphyrna mokarran
62
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Sphyrna zygaena
63
Cá mập Dầu vây trắng
Carcharhinus longimanus
64
Cá mập Dốm Den Dỉnh Duôi
Carcharhinus melanopterus
65
Cá mập hiền
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66
Cá mập lơ cát
Carcharhinus leucas
67
Cá mập lụa
Carcharhinus falciformis
68
Cá mập trắng lớn
Carcharodon carcharias
...
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Cá nhám lông nhung
Cephaloscyllium umbratile
70
Cá nhám nâu
Etmopterus lucifer
71
Cá nhám nhu mì
Stegostomafasciatum
72
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Rhinzoprionodonacutus
73
Cá nhám thu
Lamna nasus
74
Cá nhám thu/cá mập sâu
Pseudocarchariaskamoharai
75
Cá nhám voi
...
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76
Các loài cá Dao
Pristidae spp.
77
Các loài cá mập Duôi dài
Alopias spp.
IV
LỚP HAI MẢNH VỎ
BIVALVIA
...
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Trai bầu dục cánh cung
Margaritanopsislaosensis
79
Trai cóc dày
Gibbosulacrassa
80
Trai cóc hình lá
Lamprotulablaisei
81
...
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Cuneopsisdemangei
82
Trai cóc vuông
Protuniomessageri
83
Trai mẫu sơn
Contradensfultoni
84
Trai sông bằng
...
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V
LỚP CHÂN BỤNG
GASTROPODA
85
Các loài trai tai tượng
Tridacna spp.
86
Họ ốc anh vũ (tất cả các loài)
Nautilidae
...
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Ốc Dụn cái
Tectusniloticus
88
Ốc Dụn Dực
Tectuspyramis
89
Ốc mút vệt nâu
Cremnoconchusmessageri
90
...
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Cypraeaargus
91
Ốc tù và
Charoniatritonis
92
Ốc xà cừ
Turbo marmoratus
VI
LỚP SAN HÔ
...
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93
Bộ san hô Dá (tất cả các loài)
Scleractinia
94
Bộ san hô cứng (tất cả các loài)
Stolonifera
95
Bộ san hô Den (tất cả các loài)
Antipatharia
...
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Bộ san hô sừng (tất cả các loài)
Gorgonacea
97
Bộ san hô xanh (tất cả các loài)
Helioporacea
VII
NGÀNH DA GAI
ECHINODERMATA
98
...
...
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Heterocentrotusmammillatus
99
Hải sâm hổ phách
Thelenotaanax
100
Hải sâm lựu
Thelenotaananas
101
Hải sâm mít hoa (Hải sâm dừa)
...
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102
Hải sâm trắng (Hải sâm cát)
Holothuria (Metriatyla) scabra
103
Hải sâm vú
Microthelenobilis
VIII
GIỚI THỰC VẬT
PLANTAE
...
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Cỏ nàn
Halophila beccarii
105
Cỏ xoan Dơn
Halophila decipiens
106
Cỏ lăn biển
Syringodiumizoetifolium
107
...
...
...
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Kappaphycus striatum
108
Rong bong bóng Dỏ
Scinaiaboergesenii
109
Rong câu chân vịt
Hydropuntiaeucheumoides
110
Rong câu cong
...
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111
Rong câu dẹp
Gracilariatextorii
112
Rong câu Dỏ
Gracilaria rubra
113
Rong câu gậy
Gracilariablodgettii
...
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Rong chân vịt nhăn
Cryptonemiaundulata
115
Rong Dông gai dày
Hypneaboergesenii
116
Rong Dông sao
Hypneacornuta
117
...
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...
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Halymeniadilatata
118
Rong hồng mạc trơn
Halymeniamaculata
119
Rong hồng vân
Betaphycusgelatinum
120
Rong hồng vân thỏi
...
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121
Rong kỳ lân
Kappaphycuscottonii
122
Rong mơ
Sargassum quinhonensis
123
Rong mơ mềm
Sargassum tenerrimum
...
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Rong nhớt
Helminthodadiaaustralis
125
Rong sụn gai
Eucheuma denticulatum
126
Rong tóc tiên
Bangiafuscopurpurea
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LIST OF
CONDITIONAL BUSINESS LINES
No.
BUSINESS LINES
1
Production of seals
2
Combat gear trading (including repair)
3
Trading in fireworks, excluding firecrackers
...
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Trading in camouflage devices and software used
for sound and video recording and positioning
5
Trading in paintball guns
6
Trading in military equipment and supplies for
the people's armed forces, military weapons, technical equipment, ammunition
and specialized vehicles used for the army and police; components,
accessories, spare parts, supplies and specialized equipment and technology
used for production thereof
7
Pawnshop services
8
Massage services
...
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Trading in warning devices for emergency vehicles
10
Security guard services
11
Fire safety and firefighting services
12
Lawyer’s practice
13
Notary’s practice
...
...
...
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Judicial assessment in the fields of finance,
banking, construction, antiques, relics, copyright
15
Auctioneer's practice
16
Bailiff’s practice
17
Practice by asset managers and liquidators
regarding assets of enterprises and co-operatives in the pending time of
bankruptcy
18
Accounting services
...
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...
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Auditing services
20
Tax agency services
21
Customs agency services
22
Duty-free goods trading
23
Bonded warehouse and container freight station
business
...
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...
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Premises for conducting customs procedures,
customs gathering, inspection and supervision for rent
25
Securities trading
26
Securities registration, depository, clearing and
settlement services rendered by Vietnam Securities Depository and Clearing
Corporation (VSDC), organization of markets for trading of listed securities
and other securities
27
Insurance business
28
Reinsurance business
...
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Insurance brokerage
29a [11]
Insurance auxiliary services
30
Insurance agency
31
Valuation services
32
Lottery business
...
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Prize-winning electronic games for foreigners
34
Credit rating services
35
Casino business
36
Betting business
37
Voluntary retirement fund management services
...
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Petro and oil trading
39
Gas trading
40
Commercial assessment services
41
Industrial explosive trading (including
destruction thereof)
42
Explosive precursor trading
...
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...
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Business operations using industrial explosives
and explosive precursors
44
Blasting services
45
Trading in chemicals, except banned chemicals
according to Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on their Destruction
46
Spirit trading
47
Trading tobacco products, tobacco raw materials,
and machinery and equipment serving tobacco industry
...
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Trading in foods under the management of the
Ministry of Industry and Trade of Vietnam
49
Commodity exchange operations
50
Electricity generation, transmission,
distribution, wholesaling, retail and consultancy
51
Rice export
52
Temporary import for re-export of goods subject
to special excise duty
...
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Temporary import for re-export of frozen foods
54
Temporary import for re-export of goods on the
List of used goods
55
Mineral trading
56
Industrial precursor trading
57
Goods trading and activities directly related
goods trading by foreign service providers in Vietnam
...
...
...
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Multi-level marketing
59
E-commerce activities
60
Petroleum activities
61
Energy auditing
62
Vocational educational activities
...
...
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Vocational education accreditation
64
Occupational skill assessment services
65
Occupational safety inspection services
66
Occupational safety and health training services
67
Employment agency services
...
...
...
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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
Labor outsourcing services
71
Road transport services
72
Automobile warranty and maintenance services
...
...
...
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Manufacture, assembly and import of automobiles
74
Motor vehicle inspection services
75
Automobile driver training services
76
Traffic safety inspector training services
77
Driving test services
...
...
...
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Traffic safety assessment services
79
Waterway transport services
80
Inland waterway ship building, modification,
repair and restoration services
81
Inland waterway ship crewmember and operator training
services
82
Crewmember training and coaching, and ship
crewmember recruitment and supply
...
...
...
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Maritime safety services
84
Sea transport services
85
Ship towing services
86
Import and dismantling of used sea-going ship
87
Ship building, modification and repair services
...
...
...
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Commercial operation of seaports
89
Air transport business
90
Aircraft, aircraft engine, propeller and aircraft
equipment design, manufacture and testing services in Vietnam
91
Commercial operation of airports and aerodromes
92
Aviation services at airports and aerodromes
...
...
...
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Air navigation services
94
Flight crew training services
95
Rail transport services
96
Rail infrastructure business
97
Urban rail business
...
...
...
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Multimodal transport services
99
Hazardous goods transport services
100
Pipeline transport services
101
Real estate business
102
Clean water (domestic water) trading
...
...
...
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Architectural services
104
Construction project management consultancy
services
105
Construction survey services
106
Construction design and construction design
assessment services
107
Construction supervision services
...
...
...
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Construction services
109
Foreign contractors’ construction activities
110
Construction cost management services
111
Construction inspection services
112
Construction experiment services
...
...
...
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Apartment building operation and management
services
114
Cremation facility management and operation
services
115
Construction planning formulation services
116
Trading in white asbestos of the serpentine group
117
Postal services
...
...
...
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Telecommunications services
119
Digital signature authentication services
120
Publishers' activities
121
Printing services excluding package printing
122
Publication release services
...
...
...
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Social network services
124
Telecommunications network- and internet-based
games
125
Pay radio and television services
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
...
...
...
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Provision of information and IT services on
mobile network or the Internet
129
Domain name registration and maintenance services
130
Data center services
131
Electronic identification and authentication
services
132
Network information security products and
services
...
...
...
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Trading in cybersecurity products and services
(excluding trading in cyberinformation security products and services, and
civil cryptographic products and services)
133
Imported newspaper distribution services
134
Trading in civil cryptographic products and
services
135
Trading in mobile phone jammers
136
Operation of pre-school institutions
...
...
...
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Operation of general education institutions
138
Operation of higher education institutions
139
Operation of foreign-invested educational
institutions, representative offices of foreign educational institutions in
Vietnam, branches of foreign-invested educational institutions
140
Operation of continuing education institutions
141
Operation of specialized schools
...
...
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Educational cooperation with foreign partners
143
Education accreditation
144
Overseas study consultancy services
145
Fishing
146
Trading in fishery products
...
...
...
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Trading in aquaculture feeds and animal feeds
148
Aquaculture feed and animal feed testing services
149
Trading in biological preparations,
microorganisms, chemicals, environmental remediation agents serving
aquaculture and husbandry
150
Fishing vessel building and modification
151
Fishing vessel registration
...
...
...
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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
Breeding and raising normal wild animals
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
...
...
...
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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
Processing of items required to undergo plant
quarantine
160
Agrochemical testing services
161
Plant protection services
...
...
...
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Trading in veterinary drugs, vaccines, biological
preparations, microorganisms and chemicals serving veterinary medicine
163
Veterinary technical services
164
Animal testing and surgery services
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)
...
...
...
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Farm breeding services
168
Domestic animal and poultry slaughtering services
169
Trading in foods under the management of the
Ministry of Agriculture and Rural Development
170
Animals and animal product quarantine services
171
Trading in fertilizers
...
...
...
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Fertilizer testing services
173
Trading in plant varieties and animal breeds
174
Trading in aquatic breeds
175
Plant variety and animal breed testing services
176
Aquatic breed testing services
...
...
...
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Testing biological preparations, microorganism,
chemicals, environmental remediation agents serving aquaculture and husbandry
178
Trading in genetically modified food
179
Medical examination and treatment services
180
Cosmetic surgery services
181
Pharmacy business
...
...
...
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Cosmetics production
183
Trading in insecticidal and germicidal chemicals
and preparations for medical use
184
Trading in medical equipment
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
...
...
...
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Atomic energy application ancillary services
188
Conformity assessment services
189
Verification, calibration and testing of
measuring instruments and measurement standards
190
Technology assessment, valuation and examination
services
191
Intellectual property right representation
services (comprising industrial property representation services and plant
variety right representation services)
...
...
...
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Film distribution services
193
Antiques assessment services
194
Site/monument protection, renovation and
restoration project planning, execution, supervision services
195
Karaoke and dance club business
196
Travel services
...
...
...
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Sports business by sports enterprises and
professional sports clubs
198
Art performance, fashion show, beauty contest,
model contest services
199
Trading audios and videos of dance, music and
stage performances
200
Accommodation services
201
Trading in relics, antiques and national
treasures
...
...
...
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TVPL Pro Membership to see English documents.
Export of relics, antiques other than those under
the ownership of the state, political organizations, socio-political
organizations; import of cultural commodities under the management of the
Ministry of Culture, Sports and Tourism of Vietnam
203
Museum services
204
Trading in electronic games (except for
prize-winning electronic games for foreigners and online electronic
prize-winning electronic games)
205
Land survey and assessment consultancy services
206
Land planning and plan formulation services
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IT infrastructure and software infrastructure
development services for land information systems
208
Land database development services
209
Land pricing services
210
Measurement and mapping services
211
Hydro-meteorological forecasting and warning
services
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Underground water drilling and survey services
213
Water resources extraction services and services
of discharge of wastewater into water bodies
214
Services of baseline surveys of, and consultancy
on formulation of water resources planning, schemes and reports
215
Mineral exploration services
216
Mineral mining
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Hazardous waste transport and treatment services
218
Import of scrap
219
Environmental monitoring services
220
Business operation of commercial banks
221
Business operation of non-bank credit
institutions
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Business operation of cooperatives, people's
credit funds, microfinance institutions
223
Provision of intermediary payment services and
provision of payment services without payment accounts of customers
224
Credit information services
225
Business operation and foreign exchange
activities by organizations which are not credit institutions
226
Gold trading
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Money printing and minting
228[14]
Training and issuance of radio operator
certificates
[1] The Law on Environmental Protection No. 72/2020/QH14 is
promulgated pursuant to:
“The Constitution of the Socialist Republic of
Vietnam;”
The Law No. 03/2022/QH15 providing amendments to
the Law on Public Investment, the Law on Public-Private Partnership Investment,
the Investment Law, the Housing Law, the Law on Electricity, the Law on
Enterprises, the Law on Excise Duties, and the Law on Civil Judgment
Enforcement is promulgated pursuant to:
“The Constitution of the Socialist Republic of
Vietnam;”
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“The Constitution of the Socialist Republic of
Vietnam;”
The Law on Insurance Business No. 08/2022/QH15 is
promulgated pursuant to:
“The Constitution of the Socialist Republic of
Vietnam;”
The Law No. 09/2022/QH15 providing amendments to
the Law on radio frequencies is promulgated pursuant to:
“The Constitution of the Socialist Republic of
Vietnam;”
[2] The Point is amended according to Clause 1 Article 3 of the
Law No. 03/2022/QH15 providing amendments to the Law on Public Investment, the
Law on Public-Private Partnership Investment, the Investment Law, the Housing
Law, the Law on Electricity, the Law on Enterprises, the Law on Excise Duties,
and the Law on Civil Judgment Enforcement, which comes into force from March
01, 2022.
[3] The Point is added according to Clause 1 Article 3 of the Law
No. 03/2022/QH15 providing amendments to the Law on Public Investment, the Law
on Public-Private Partnership Investment, the Investment Law, the Housing Law,
the Law on Electricity, the Law on Enterprises, the Law on Excise Duties, and
the Law on Civil Judgment Enforcement, which comes into force from March 01,
2022.
[4] The Point is amended according to Clause 2 Article 3 of the
Law No. 03/2022/QH15 providing amendments to the Law on Public Investment, the
Law on Public-Private Partnership Investment, the Investment Law, the Housing
Law, the Law on Electricity, the Law on Enterprises, the Law on Excise Duties,
and the Law on Civil Judgment Enforcement, which comes into force from March
01, 2022.
[5] The Point is added according to Clause 2 Article 3 of the Law
No. 03/2022/QH15 providing amendments to the Law on Public Investment, the Law
on Public-Private Partnership Investment, the Investment Law, the Housing Law,
the Law on Electricity, the Law on Enterprises, the Law on Excise Duties, and
the Law on Civil Judgment Enforcement, which comes into force from March 01,
2022.
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[7] Article 170 and Article 171 of the Law on Environmental
Protection No. 72/2020/QH14, which comes into force from January 01, 2022,
stipulate as follows:
“Article 170. Effect
1. This Law comes into force from January 01,
2022, except the regulations in Clause 2 of this Article.
2. Clause 3 Article 29 of this Law comes into
force from February 01, 2021.
3. The Law on Environmental Protection No.
55/2014/QH13 amended by the Law No. 35/2018/QH14, Law No. 39/2019/QH14 and Law
No. 61/2020/QH14 shall cease to have effect from the effective date of this
Law.
Article 171. Transition
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 in force 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.
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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.”.
Articles 10 and 11 of the Law No.
03/2022/QH15 providing amendments to the Law on Public Investment, the Law on
Public-Private Partnership Investment, the Investment Law, the Housing Law, the
Law on Electricity, the Law on Enterprises, the Law on Excise Duties, and the
Law on Civil Judgment Enforcement, which comes into force from March 01, 2022,
stipulate:
“Article 10. Effect
This Law comes into force from
March 01, 2022.
Article 11. Transition
1. Regarding group-B or group-C public
investment projects that use ODA funds or concessional loans granted by foreign
sponsors and of which investment guidelines have been approved by the Prime
Minister before the effective date of this Law, and the cases specified in
Clause 2 of this Article, authorities or persons vested with authority to issue
decisions on investment guidelines prescribed in Article 1 of this Law shall be
competent to adjust their investment guidelines.
2. Regarding group-B or group-C public
investment projects using ODA funds or concessional loans from foreign sponsors
of which procedures for formulating and appraising investment guidelines or
appraisal reports which are used as the basis for deciding or adjusting
investment guidelines as prescribed in Article 25 and Article 34 of the Law on
Public Investment No. 39/2019/QH14, as amended in the Law No. 64/2020/QH14 and
the Law No. 72/2020/QH14, have been completed or made before the effective date
of this law, procedures for obtaining the Prime Minister’s decision on such
investment guidelines shall be continued in accordance with the provisions of
the Law on Public Investment No. 39/2019/QH14, as amended in the Law No.
64/2020/QH14 and the Law No. 72/2020/QH14.
3. From the effective date of this Law, if
applications for approval of or adjustment to investment guidelines of projects
on construction of housing (for sale, lease or lease purchase) or urban areas
which are under the approving authority of the Prime Minister as prescribed in
Article 31 of the Investment Law No. 61/2020/QH14, as amended in the Law No.
72/2020/QH14, but currently under the approving authority of the Provincial
People's Committees as prescribed in Article 3 of this Law have been submitted
and considered valid but not yet processed although the processing time limit
prescribed in the Investment Law No. 61/2020/QH14, as amended in the Law No.
72/2020/QH14, has expired, they shall continue to be processed in accordance
with the provisions of the Investment Law No. 61/2020/QH14, as amended in the
Law No. 72/2020/QH14.
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5. From the effective date of this Law, the
provisions of this Law shall apply to the civil judgments which remain
unenforced or incompletely enforced; decisions and actions made or taken by
civil judgment enforcement agencies or enforcement officers according to the
Law on civil judgment enforcement No. 26/2008/QH12, as amended in the Law No.
64/2014/QH13, Law No. 23/2018/QH14 and Law No. 67/2020/QH14, remain valid and
may proceed further.”.
Article 49 and 50 of the Law on Cinematography No.
05/2022/QH15, which comes into force from January 01, 2023, stipulate as follows:
“Article 49. Effect
1. This Law comes into force from January 01,
2023.
2. 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 shall cease to have effect from the effective date of this Law.
Article 50. Transition
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.”.
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1. This Law comes into force
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 01,
2028.
3. The 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:
a) Clause 1 of Article 157
herein;
b) Articles 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
remain valid until the end of December 31, 2027.
Article 157. Transition
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 have agreed on
amendments and supplements thereto to make them aligned with this Law and apply
regulations of this Law.
2. Insurance agent practicing
certificates issued before the entry into force of this Law can continue to be
used till end of December 31, 2025. The Minister of Finance of Vietnam shall
impose detailed regulations on transformation from insurance agent practicing
certificates issued before the entry into force of this Law into new ones
referred to in this Law.
3. Insurance practicing
certificates, insurance agent practicing certificates and certificates of
practicing in insurance ancillary services that have been issued before the
entry into force of this Law shall continue to be used.
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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 of Vietnam 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.”.
Articles 3 and 4 of the Law No. 09/2022/QH15
providing amendments to the Law on radio frequencies, which comes into force
from July 01, 2023, stipulate as follows:
“Article 3. Effect
1. This Law comes into force from July 01, 2023,
unless otherwise prescribed in Clause 2 of this Article.
2. Regulations on training and issuance of radio
operator certificates herein shall take effect from July 01, 2024.
Article 4. Transition
1. Licenses to use radio frequencies that have
been issued before the effective date of this Law shall continue to be used
until they expire. Radio operator certificates issued before July 01, 2024 may
be used until they expire.
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3. Holders of licenses to use frequency bands
which have been issued to serve the establishment of public land mobile
telecommunications network but expire before September 16, 2024 shall not incur
fees for processing of applications for rights to use radio frequencies until
their licenses expire and shall not be allowed to apply for extension of their
licenses, unless otherwise prescribed in Clause 2 of this Article.
4. The Ministry of Information and
Communications of Vietnam shall notify the frequency band planning with respect
to the frequency bands allocated to the organizations specified in clauses 2
and 3 of this Article before August 01, 2023. The number of frequency bands
considered being re-allocated but sharing the same radio frequencies according
to the license to use frequency bands issued before the effective date of this
Law may be re-allocated depending on their current use.
5. Training and issuance of radio operator
certificates shall continue complying with the Law on radio frequencies No.
42/2009/QH12 until the end of June 30, 2024.”.
[8] This Point is abrogated according to Clause 4
Article 3 of the Law No. 03/2022/QH15 providing amendments to the Law on Public
Investment, the Law on Public-Private Partnership Investment, the Investment
Law, the Housing Law, the Law on Electricity, the Law on Enterprises, the Law
on Excise Duties, and the Law on Civil Judgment Enforcement, which comes into
force from March 01, 2022.
[9] This Clause is abrogated from January 01, 2022 under the
provisions of clause 3 of Article 170 in the Law on Environmental Protection
No. 72/2020/QH14, which comes into force from January 01, 2022,
[10] This business line is revised according to Article 155 in
the Law on Insurance Business No. 08/2022/QH15, which comes into force from
January 01, 2023.
[11] This business line is added according to Article 155 in the
Law on Insurance Business No. 08/2022/QH15, which comes into force from January
01, 2023.
[12] The business line is added according to Clause 5 Article 3
of the Law No. 03/2022/QH15 providing amendments to the Law on Public
Investment, the Law on Public-Private Partnership Investment, the Investment
Law, the Housing Law, the Law on Electricity, the Law on Enterprises, the Law
on Excise Duties, and the Law on Civil Judgment Enforcement, which comes into
force from March 01, 2022.
[13] This business line is revised according to Article 48 of the
Law on Cinematography No. 05/2022/QH15, which comes into force from January 01,
2023.
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