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OFFICE OF THE NATIONAL ASSEMBLY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 25/VBHN-VPQH
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Hanoi, August 02, 2023
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LAW
ON INVESTMENT
The Law on Investment No.
61/2020/QH14 dated June 17, 2020 of the National Assembly, which has been
effective since 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 has been effective since January 01, 2022.
2. The Law No.
03/2022/QH15 dated January 11, 2022 of the National Assembly on amendments to
certain articles of the Law on Public Investment, the Law on Public-Private
Partnership Investment, the Law on Investment, the Law on Housing, the Law on
Bidding, the Law on Electricity, the Law on Enterprises, the Law on Special
Excise Duties and the Law on Civil Judgment Enforcement, which has been
effective since March 01, 2022;
3. The Law on
Cinematography. No. 05/2022/QH15 dated June 15, 2022 of the National Assembly,
which has been effective since January 01, 2023;
4. The Law on Insurance
Business No. 08/2022/QH15 dated June 16, 2022 of the National Assembly, which
has been effective since January 01, 2023;
5. The Law No.
09/2022/QH15 dated November 09, 2022 of the National Assembly on Amendments to
Some Articles of the Law on Radio Frequencies No. 42/2009/QH12, which has been
effective since July 01, 2023;
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Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
hereby promulgates the Law on Investment[1].
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for
business investment activities in Vietnam and outward business investment
activities.
Article 2. Regulated
entities
This Law applies to
investors, and agencies, organizations and individuals (hereinafter referred to
as “entities”) involved in business investment activities.
Article 3. Definitions
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1. “approval for
investment guidelines” means a competent authority approving the
objectives, location, scale, schedule and duration of a project; investor or
form of selection of investor and special mechanisms or special policies (if any)
to execute an investment project.
2. “investment
registration authority” means a regulatory agency that issues, adjusts and
revokes investment registration certificates
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 which must be satisfied by an individual
or organization upon making business investment in conditional business lines.
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11. “investment
registration certificate” means a physical or electronic document bearing
information registered by an investor about an investment project.
12. “National
Investment Information System” means a system of professional information
meant for monitoring, assessment, and analysis of nationwide investment in
order to serve state management tasks and assist investors in carrying out investment
activities.
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 outward investment activities in the foreign country.
14. “business
cooperation contract” means a contract between investors for business
cooperation and distribution of profits or products without establishment of a
business organization.
15. “export-processing
zone” means an industrial park specialized in manufacturing of exported
products or provision of services for manufacturing of exported products and
export.
16. “industrial park” means
an area with a defined geographical boundary specialized in production of
industrial goods and provision of services for industrial production.
17. “economic zone” means
an area with a defined geographical boundary which consists of multiple
dedicated areas and is meant to achieve the objectives of investment
attraction, socio-economic development and protection of national defense and
security.
18. “investor” means
an organization or individual that carries out business investment activities.
Investors include domestic investors, foreign investors and foreign-invested
business organizations.
19. “foreign investor”
means an individual holding a foreign nationality or an organization
established under foreign laws and carrying our business investment activities
in Vietnam.
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21. “business
organization” means an organization established and operating in accordance
with Vietnam’s laws. Business organizations include enterprises, cooperatives,
cooperative unions and other organizations that carry out business investment
activities.
22. “foreign-invested
business organization” means an organization whose members or shareholders
are foreign investors.
23. “investment
capital” means money and other assets prescribed by the civil law and
international treaties to which the Socialist Republic of Vietnam is a
signatory for the purpose of 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 assurance 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 are
prescribed in the Law on Management and Use of State Capital Invested in
Manufacturing and Business Activities of Enterprises;
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c) Power and procedures
for making investment and executing projects; law governing project contracts;
investment assurance, mechanisms for management of state capital applied to PPP
projects, which are prescribed in the Law on Public Private Partnership
Investment Form;
d) Execution of
construction, housing and urban area projects in compliance with the Law on
Construction, Law on Housing and Law on Real Estate Business after a competent
authority grants approval for the investment guidelines or adjustment to the
investment guidelines in accordance with regulations of the Law on Investment;
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 business investment, carrying out securities activities
and operating in the securities market of Vietnam, which are prescribed in the
Law on Securities.
4. Where a law
promulgated after the effective date of this Law contains regulations on
investment contradicting regulations of this Law, the former is required to
specify the cases to which its regulations apply and the cases to which this
Law applies.
5. With regard to any
contract to which at least a party is a foreign investor or a business
organization defined in Clause 1 Article 23 of this Law, the parties may reach
an agreement on whether to apply foreign laws or international practice if such
agreement does not contravene Vietnam’s laws.
Article 5. Policies on
business investment
1. Investors are entitled
to carry out business investment activities in the business lines that are not
banned by this Law. Regarding conditional business lines, investors must
satisfy business investment conditions as prescribed by law.
2. Investors may decide
their business investment activities on their own and take responsibility
therefor in accordance with this law and relevant laws; may access and make use
of loan capital, assistance funds, land, and other resources as prescribed by
law.
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4. The ownership of
assets, capital, income, other lawful rights and interests of investors are
recognized and protected by the State.
5. The State shall treat
investors equitably; introduce policies to encourage and enable investors to
carry out business investment activities and to ensure sustainable development
of economic sectors.
6. International
investment-related treaties to which Socialist Republic of Vietnam is a
signatory are upheld and implemented by the State.
Article 6. Banned
business lines
1. The business
investment activities below are banned:
a) Business in narcotic
substances specified in Appendix I hereof;
b) Business in chemicals
and minerals specified in Appendix II hereof;
c) Business in specimens
of wild flora and fauna specified in Appendix 1 of Convention on International
Trade in Endangered Species of Wild Fauna and Flora; specimens of rare and/or
endangered species of wild fauna and flora in Group I of Appendix III hereof;
d) Prostitution business;
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e) Business activities
pertaining to asexual human reproduction;
g) Trade 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, Decrees of
the Government and international treaties to which the Socialist Republic of
Vietnam is a signatory. Ministries, ministerial agencies, People’s Councils,
People’s Committees at all levels, and other entities must not issue
regulations on conditions for making business investment.
4. Conditions for making
business investment must be appropriate for the reasons in Clause 1 of this
Article and be public, transparent, objective and economic in terms of time and
costs of compliance by investors.
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a) Subjects and scope of
the business investment conditions;
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;
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d) Written confirmation
or written approval;
dd) Other requirements
that must be satisfied by individuals and business organizations to conduct
business investment activities without obtaining written confirmation from a
competent authority.
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. Amendment
and addition of the List of banned business lines, the List of conditional
business lines and the business investment conditions
1. Depending on the
socio-economic conditions and state management requirements in each period, the
Government shall review the banned business lines, the List of conditional
business lines and submit amendments and additions to Article 6, Article 7 and
Appendices attached hereto to the National Assembly in accordance with the
simplified procedures.
2. The amendment and
addition of conditional business lines or investment business conditions must
comply with Clauses 1, 3, 4, 5 and 6 Article 7 of this Law.
Article 9. Business
lines with prohibited and restricted market access and market access conditions
applied to foreign investors
1. Market access
conditions applied to foreign investors are the same as those applied to domestic
investors, except for the case specified in Clause 2 of this Article.
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a) Prohibited business
lines;
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 the foreign investor in a business organization;
b) Investment method;
c) Scope of investment;
d) Capacity of the
investor; partners participating in the investment activities;
dd) Other conditions
specified in the Laws and Resolutions of the National Assembly, Ordinances and
Resolutions of the Standing Committee of the National Assembly, Decrees of the
Government and international treaties to which the Socialist Republic of
Vietnam is a signatory.
4. The Government shall
elaborate this Article.
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INVESTMENT GUARANTEES
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 be reimbursed or compensated in accordance with regulations
of law on asset requisition and relevant regulations of law.
Article 11. Guarantees
for business investment activities
1. Investors are not
required by the State to satisfy the following requirements:
a) Give priority to
purchase or use of domestic goods/services; or only purchase or use
goods/services provided by domestic producers/service providers;
b) Achieve a certain
export target; restrict the quantity, value, types of goods/services that are
exported or domestically produced/provided;
c) Import a
quantity/value of goods that is equivalent to the quantity/value of goods
exported; or balance foreign currencies earned from export to meet import
demands;
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dd) Reach a certain
level/value of domestic research and development;
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 all financial
obligations to Vietnamese government are fulfilled, foreign investors are
permitted to transfer the following assets overseas:
1. Investment capital and
proceeds from liquidation of its investment;
2. Their income obtained
from business investment activities;
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Article 13. Guarantees
for business investment upon changes of laws
1. Where a new law
provides more favorable investment incentives, investors are entitled to enjoy
the new incentives for the remaining period of the incentive enjoyment of the
project, except for special investment incentives for the investment projects
in the case specified in Point a Clause 5 Article 20 of this Law.
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.
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1. Disputes over business
investment activities in Vietnam shall be settled through negotiation and
conciliation. If the negotiation or conciliation fails, the dispute shall be settled
by an arbitration body or by a court in accordance with Clauses 2, 3, and 4 of
this Article.
2. Every dispute between
a Vietnamese investor and a foreign-invested business organization, or between
a domestic investor or a foreign-invested business organization and a
regulatory agency over business investment activities within Vietnam’s
territory shall be settled by a Vietnam's arbitration body or Vietnam’s court,
except for the cases in Clause 3 of this Article.
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
within Vietnam’s territory shall be settled by Vietnam’s arbitral tribunal or
Vietnam’s court, unless otherwise agreed under a contract or prescribed by an
international treaty to which the Socialist Republic of Vietnam is a signatory.
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INVESTMENT INCENTIVES AND ASSISTANCE
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. Entities eligible for
investment incentives:
a) Investment projects in
business lines eligible for investment incentives specified in Clause 1 Article
16 of this Law;
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c) Any investment project
whose capital is at least VND 6,000 billion of which at least VND 6,000 billion
is disbursed within 03 years from the issuance date of the investment
registration certificate or the approval for investment guidelines and which
satisfies any of the following criteria: the total revenue is at least VND
10,000 billion per year within 03 years from the year in which the revenue is
earned or the project has more than 3,000 employees;
d) Projects on investment
in social housing construction; investment projects located in rural areas and
employing at least 500 employees; investment projects that employ persons with
disabilities in accordance with regulations of law on persons with disabilities.
dd) Hi-tech enterprises,
science and technology enterprises and science and technology organizations;
projects involving transfer of technologies on the List of technologies the
transfer of which is encouraged in accordance with regulations of law on
technology transfer; technology incubators, science and technology enterprise
incubators prescribed by the law on high technologies and law on science and
technology; enterprises manufacturing and providing technologies, equipment,
products and services with a view to satisfaction of environment protection
requirements prescribed by regulations of law on environmental protection;
e) Start-up projects,
national innovation centers and research and development centers;
g) Investment in business
in small and medium-sized enterprises’ product distribution chain; investment
in business in technical establishments supporting small and medium-sized
enterprises, small and medium-sized enterprise incubators; investment in
business in co-working spaces serving small and medium-sized enterprises and
startups prescribed by regulations of law on provision of assistance for 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 law on taxation, law on
accounting and law on land.
5. The investment
incentives applied to the objects mentioned in Points b, c and d Clause 2 of
this Article do not apply to:
a) Projects on investment
in mineral mining;
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c) Projects on investment
in commercial housing construction prescribed by regulations of law on housing.
6. Investment incentives
applied for a fixed term and on the basis of results of project execution.
Every investor must satisfy conditions for investment incentives in accordance
with regulations of law during the period of enjoying investment incentives.
7. An investment project
that is eligible for various levels of investment incentive, 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, manufacturing and development
of products formed from science and technology results in accordance with
regulations of law on science and technology;
b) Manufacturing of new
materials, new energy, clean energy, renewable energy; manufacturing of
products with an added value of 30% or more; energy-saving products;
c) Manufacturing of key
electronics, mechanical products, agricultural machinery, automobiles,
automobile parts; shipbuilding;
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dd) Manufacturing of IT
products, software products, digital contents;
e) Breeding, growing and
processing of agriculture products, forestry products, aquaculture products;
afforestation and forest protection; salt production; fishing and fishing
logistics services; production of plant varieties, animal breeds and
biotechnology products;
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;
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2. Areas eligible for
investment incentives:
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;
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c) Credit assistance;
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 the orientation for socio-economic development and the ability to
balance the state budget in each period, specify the forms of investment
assistance in Clause 1 of this Article which is provided for hi-tech
enterprises, science and technology enterprises, science and technology
organizations, enterprises investing in agriculture and rural areas, enterprises
investing in education, dissemination of laws and other entities.
Article 19. Assistance
in development of infrastructure of industrial parks, export-processing zones,
hi-tech zones and economic zones
1. Pursuant to the
planning decided or approved in accordance with regulations of the Law on
Planning, Ministries, ministerial agencies and provincial People’s Committees
shall formulate plans for investment and development and organize construction
of technical infrastructure and social infrastructure beyond industrial parks,
export-processing zones, hi-tech zones and dedicated areas of economic zones.
2. The State shall
provide assistance for part of the capital investment in development from the
state budget and concessional loan capital in order to synchronously develop
the technical infrastructure and social infrastructure inside and outside the
perimeter of industrial parks in disadvantaged areas or extremely disadvantaged
areas.
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Article 20. Special
investment incentives and assistance
1. The Government shall
decide to apply special investment incentives and assistance with a view to
encouraging the development of some investment projects that exert significant
socio-economic effects.
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 and disbursing at least VND 1,000 billion
within 03 years from the issuance date of the investment registration
certificate or the approval for investment guidelines; the National Innovation
Center established under the Prime Minister's decision;
b) Investment projects in
the business line eligible for special investment incentives with an investment
capital of at least VND 30,000 billion and disbursing at least VND 10,000
billion within 03 years from the issuance date of the investment registration
certificate or the approval for investment guidelines.
3. Level and duration of
application of special investment incentives are prescribed by the Law on
Corporate Income Tax and law on land.
4. Forms of special
investment assistance are the same as those mentioned in Clause 1 Article 18 of
this Law.
5. Special investment
incentives and assistance set out in this Article do not apply to:
a) any investment project
that has been granted the investment certificate, the investment registration
certificate or the decision on investment guidelines before the effective date
of this Law;
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6. The Government shall
request the National Assembly to decide to apply investment incentives other
than those specified in this Law and other laws if it is necessary to encourage
the development of a project of special importance or a special administrative
- economic unit.
7. The Government shall
elaborate this Article.
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.
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5. New forms of
investment and types of business organizations prescribed by the Government's
regulations.
Article 22. Investment
in establishment of a business organization
1. Every investor shall
establish a business organization in accordance with the following regulations:
a) A domestic investor
shall establish a business organization in accordance with regulations of law
on enterprises and law corresponding to each type of business organization;
b) A foreign investor
that establishes a business organization shall satisfy market access conditions
applied to foreign investors specified in Article 9 of this Law;
c) Before establishing a
business organization, the foreign investor must have an investment project and
follow the procedures for issuance or adjustment of an investment registration
certificate, except for establishment of a small and medium-sized start-up
enterprise and a startup investment fund in accordance with regulations of
law on provision of assistance for small and medium-sized enterprises.
2. From the date on which
the enterprise registration certificate or an equivalent document is issued,
the business organization established by a foreign investor shall be the
investor that executes the investment project set out in the investment
registration certificate.
Article 23. Conduct of
investment activities by foreign-invested business organizations
1. When establishing a
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:
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b) Over 50% of its
charter capital is held by a business organization(s) mentioned in Point a of
this Clause;
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 conditions and follow investment procedures applied to domestic
investors when establishing a business organization, when making investment by
contributing capital, purchasing shares or purchasing stakes of a business
organization or when making investment under a business cooperation contract.
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 purchase stakes of business
organizations.
2. Foreign investors
making investment by contributing capital, purchasing shares and purchasing
stakes of business organizations must:
a) satisfy market access
conditions applied to foreign investors as prescribed in Article 9 of this Law;
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c) comply with
regulations of the law on land and conditions for receipt of land use rights
and conditions for use of land on islands or border or coastal communes.
Article 25. Forms of
capital contribution or purchase of shares or stakes
1. A foreign investor may
contribute capital to a business organization in the following forms:
a) Purchase of shares of
joint-stock companies through the initial public or additional issuance;
b) Contribution of
capital to limited liability companies and partnerships;
c) Contribution of
capital to other business organizations not mentioned in Point a and Point b of
this Clause.
2. A 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;
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d) Purchase of stakes of
members of other economic entities not mentioned in Points a, b and c of this
Clause.
Article 26. Procedures
for making investment by contributing capital, purchasing shares or purchasing
stakes
1. Upon contributing
capital, purchasing shares or purchasing stakes of a business organization, the
investor shall satisfy conditions and follow procedures for change of members
or shareholders in accordance with regulations of law applicable to each type
of 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 or shareholders
in one of the following cases:
a) The capital
contribution or purchase of shares or stakes increases the ownership ratio by
foreign investors in a business organization conducting business in the
restricted business lines;
b) The capital contribution
or purchase of shares or stakes results in a foreign investor or business
organization specified in Points a, b and c Clause 1 Article 23 of this Law
holding over 50% of the charter capital of the business organization in the
following cases: The holding of charter capital by the foreign investor is
increased from less than or equal to 50% to over 50%; the holding of charter
capital by the foreign investor is increased while such foreign investor is
holding over 50% of the charter capital of the business organization;
c) The foreign investor
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
changing shareholders/members as prescribed by law when contributing capital,
purchasing shares or stakes of business organizations. If such investors wish
to register their capital contribution or purchase of shares or stakes of
business organizations, regulations in Clause 2 of this Article shall be
complied with.
4. The Government shall
provide specific regulations on applications and procedures for capital
contribution and purchase of shares and stakes of business organizations
specified in this Article.
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1. Business cooperation
contracts signed between domestic investors shall be executed in accordance
with the civil law.
2. Procedures for
issuance of investment registration certificates in Article 38 of this Law
shall apply to business cooperation contracts signed between a domestic
investor and a foreign investor, or between foreign investors.
3. Parties to a business
cooperation contract shall establish a coordinating board to execute the BCC.
Functions, tasks and powers of the coordinating board shall be agreed upon by
the parties.
Article 28. Contents
of a business cooperation contract
1. A business cooperation
contract shall contain at least:
a) Names, addresses and
authorized representatives of parties to the contract; business address or
project address;
b) Objectives and scope
of business;
c) Contributions by the
parties to the contract, and distribution of business investment results
between the parties;
d) Schedule and duration
of the contract;
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e) Adjustment, transfer
and termination of the contract;
g) Responsibilities for
breaches of the contract; method of dispute settlement.
2. During the execution
of a business cooperation contract, parties may reach an agreement on using
assets derived from the business cooperation to establish an enterprise in
accordance with regulations of law on enterprises.
3. The parties to a
business cooperation contract are entitled to agree upon other items which are
not contrary to law.
Section 2. APPROVAL
FOR INVESTMENT GUIDELINES AND INVESTOR SELECTION
Article 29. Selecting
investors to execute investment projects
1. The investor selection
shall be carried out by:
a) holding land use right
auction in accordance with regulations of law on land; or
b) bidding to select an
investor in accordance with regulations of law on bidding; or
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2. The method of investor
selection mentioned in Points a and b Clause 1 of this Article shall be adopted
after the approval for investment guidelines is granted, except for the
investment projects not subject to approval for investment guidelines.
3. If a land use right
auction is held but only one person registers for participation in the auction
or the auction is unsuccessful in accordance with regulations of law on land or
if bidding is conducted to select investors but only one investor registers for
participation in the bidding in accordance with regulations of law on bidding,
the competent authority shall carry out the procedures for approving an investor
if the investor satisfies the conditions prescribed by relevant law.
4. For an investment
project subject to approval for its investment guidelines, the competent
authority shall grant 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 agricultural land use rights, receives the agricultural land use rights as
contributed capital or leases the agricultural land use rights to execute an
investment project on non-agricultural production or business and the land is
not subject to land expropriation by the State in accordance with regulations
of law on land;
c) The investor executes
the investment project in an industrial park or hi-tech zone;
d) Other cases not
subject to an auction or bidding in accordance with regulations of law.
5. The Government shall
elaborate this Article.
Article 30. The
National Assembly’s power to approve investment guidelines
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1. Investment projects
that exert great effects or potentially serious effects on the environment,
including:
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 with 02
or more crops of at least 500 hectares;
3. Investment projects
that require relocation of 20,000 people or more in mountainous areas or 50,000
people or more in other areas;
4. Investment projects
that require application of a special mechanism or policy that needs to be
decided by the National Assembly.
Article 31. The Prime
Minister’s power to approve investment guidelines
Except for the investment
projects mentioned in Article 30 of this Law, the Prime Minister shall grant
approval for investment guidelines of the following investment projects:
1. Investment projects
regardless of capital sources in any one of the following cases:
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b) Investment projects on
construction of: airports and aerodromes; runways of airports and aerodromes;
international passenger terminals; cargo terminals of airports and aerodromes
with a capacity of at least 01 million tonnes per year;
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) and
urban areas that use at least 300 hectares of land or with a population of at least
50,000 people;
g1)[3] Investment projects regardless of the area
of land used or population within the safety perimeter of relics of level I
recognized by the competent authority as the national and special national
relics; or within the safety perimeter of relics of level II recognized by the
competent authority as the special national relics under the World Heritage
List;
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;
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4. Other investment
projects subject to approval for their investment guidelines or subject to
investment decision by the Prime Minister as prescribed by law.
Article 32. The power
of provincial People’s Committees to approve investment guidelines
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 request the State to allocate or lease out land without auction or bidding
for or receipt of land use rights, and investment projects that request
permission to repurpose land, except for cases of allocation, lease or
permission for repurposing of land of households or individuals not subject to
the written approval by the provincial People's Committee in accordance with
regulations of law on land;
b)[4]
Investment projects on construction of residential housing (for sale, lease or
lease purchase) and urban areas that use less than 300 hectares of land or with
a population of less than 50,000 people;
b1)[5] Investment projects
regardless of the area of land used or population within the safety perimeter
of relics of level II recognized by the competent authority as the national and
special national relics; except for the special national relics under the World
Heritage List; investment projects regardless of the area of land used or
population within a restricted development area or within an historic inner
area (determined in accordance with urban area planning projects) of a special
urban area;
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.
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Article 33.
Applications for and contents of appraisal of requests for investment guideline
approval
1. An application for
approval for investment guidelines of an investment project proposed by an
investor includes:
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 02 years;
commitment of a parent company to provide financial support; commitment of a
financial institution to provide financial support; guarantee for the
investor’s financial capacity; other document proving the investor’s financial
capacity;
d) Proposal for the
investment project including the following main contents: investor or method of
investor selection, investment objectives, investment scale, investment capital
and plan for raising capital, location, duration and schedule of the investment
project, information about the current use of land in the location of the
project and proposed demand for land use (if any), demand for labor, proposal
for investment incentives, impact and socio – economic efficiency of the
project and preliminary assessment of environmental impact (if any) in
accordance with regulations of law on environmental protection.
If the law on
construction requires formulation of a pre-feasibility study report, the
investor is entitled to submit the pre-feasibility study report instead of a
proposal for the investment project;
dd) If the project does
not require the State to allocate or lease out land or to permit land
repurposing, a copy of the document regarding the land use rights or other
document identifying the right to use the location for execution of the
investment project is required to be submitted;
e) Contents of the
explanation for the technology to be used in the investment project if the
project requires appraisal and collection of opinions on the technology in
accordance with regulations of law on technology transfer;
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h) Other documents
relating to the investment project, and requirements on the eligibility and
capacity of the investor in accordance with regulations of law (if any).
2. An application for
approval for investment guidelines of an investment project prepared by a
competent authority includes:
a) An application 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;
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dd) Assessment of the
technology to be used in the investment project if the project requires
appraisal and collection of opinions on the technology in accordance with
regulations of law on technology transfer;
e) Assessment of
conformity of the investment project with the objectives and orientation for
urban development, and residential housing development programs and plans;
preliminary plan for phasing of investment with a view to synchronism
assurance; preliminary structure of residential housing products and provision
of land for social residential housing development; preliminary plan for
investment in construction and management of urban infrastructure inside and
outside the project in the case of an project on investment in construction of residential
houses and urban areas.
g)[6] Assessment of the suitability of the
investment project with the requirements of protecting and promoting the 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.
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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.
2. Within 15 days from
the date on which the sufficient application is received, the Ministry of
Planning and Investment shall submit a report to the Prime Minister and request
establishment of a State Appraisal Council.
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.
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a) Fulfillment of the
criteria for determining that the investment project is subject to approval for
its investment guidelines by the National Assembly;
b) Necessity of 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.
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Article 35. Procedures
for investment guideline approval by the Prime Minister
1. The application
specified in Clauses 1 and 2 Article 33 of this Law shall be submitted to the
Ministry of Planning and Investment.
2. Within 03 working days
from the date on which the sufficient application is received, the Ministry of
Planning and Investment 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.
4. Within 40 days from
the receipt of the application, the Ministry of Planning and Investment shall
appraise it and prepare an appraisal report including the contents specified in
Article 33 of this Law, and then submit it to the Prime Minister for investment
guidelines approval.
5. The Prime Minister
shall consider granting investment guideline approval comprising the contents
set out in Clause 1 Article 3 of this Law.
6. Regarding the investment
project specified in Clause 3 Article 31 of this Law, the Prime Minister shall
appoint an investment registration authority of a province or
central-affiliated city to issue an investment registration certificate to the
entire project.
7. The Government shall
elaborate procedures for appraising the investment projects whose investment
guidelines are approved by the Prime Minister.
Article 36. Procedures
for investment guideline approval by provincial People’s Committees
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Within 35 days from the
receipt of the application, the investment registration authority shall notify
results to the investor.
2. Within 03 working days
from the date on which the sufficient application is received, the investment
registration authority shall send relevant documents to relevant regulatory
agencies to seek their opinions about the contents specified in Article 33 of
this Law.
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:
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b) Investment projects of
the business organizations mentioned in Clause 1 Article 23 of this Law.
2. Cases in which the
investment registration certificate is not required:
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 the investment registration certificate
1. If the investment
project is subject to approval for its investment guidelines as prescribed in
Article 30, Article 31 and Article 32 of this Law, the investment registration
authority shall issue the investment registration certificate to the investor
within:
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b) 15 days from the
receipt of the investor’s application for investment registration certificate
with respect to the investment project other than that specified in Point a of
this Clause.
2. If the investment
project is not subject to approval for its investment guidelines as prescribed
in Article 30, Article 31 and Article 32 of this Law, the investor shall be
issued with the investment registration certificate if the following conditions
are met:
a) The investment project
does not involve any banned business line;
b) Necessity of executing
the investment project;
c) The investment project
is conformable with the planning specified in Point a Clause 3 Article 33 of
this Law;
d) The investment per m2
(or investment per employee) is not smaller than the minimum requirement;
dd) Market access
conditions applied to foreign investors are satisfied.
3. The Government shall
elaborate conditions, applications and procedures for issuance of the
investment registration certificate.
Article 39. The power
to issue, adjust and revoke investment registration certificates
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2. Provincial Departments
of Planning and Investment shall issue, adjust and revoke investment
registration certificates with respect to the investment projects outside
industrial parks, export-processing zones, hi-tech zones and economic zones,
except for the case in Clause 3 of this Article.
3. The investment
registration authority of the administrative division where the investor
executes the investment project, places or intends to place the head office or
operating office to execute the investment project shall issue, adjust and
revoke investment registration certificates with respect to the following
investment projects:
a) Investment projects
that are executed in at least 02 provinces;
b) Investment projects
that are executed both inside and outside industrial parks, export processing
zones, hi-tech zones and economic zones;
c) Investment projects
which are executed inside industrial parks, export processing zones, hi-tech
zones or economic zones where the industrial park, export processing zone,
hi-tech zone or economic zone management boards have not yet been established
or which are not under the management of the industrial park, export processing
zone, hi-tech zone or economic zone management boards.
4. The authority that
receives investment project dossiers is the one that has the power to issue
investment registration certificates, except for the cases specified in
Articles 34 and 35 of this Law.
Article 40. Contents
of investment registration certificate
1. Name of the investment
project.
2. The investor.
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4. Location and land area
of the investment project.
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).
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1. During execution of an
investment project, the investor is entitled to adjust its objectives, transfer
the project in part or in full, merge projects or fully divide or partially
divide a project into multiple projects or exercise the rights to use land and
property on land which is part of the investment project to contribute capital
to establish an enterprise, carry out business cooperation or carry out other
activities, and the aforementioned activities shall comply with regulations of
law.
2. The investor shall
follow procedures for adjusting the investment registration certificate if the
adjustment to the investment project changes any content of the investment
registration certificate.
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;
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4. With respect to the
investment project whose investment guidelines are approved, the investor is
not allowed to extend the investment execution schedule by more than 24 months
compared to that stated in the first written approval for investment
guidelines, except for one of the following cases:
a) It is necessary to
remedy the consequences of an event of force majeure in accordance with the
civil law and the land law;
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.
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7. If a request for
adjustment of an investment project results in the project being subject to
approval for its investment guidelines, the investor has to apply for approval
for investment guidelines before adjusting the investment project.
8. The Government shall
elaborate this Article.
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:
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b) The investor wins
bidding for execution of an investment project using land;
c) The State allocates or
leases out land to the investor on the basis of receipt of an investment
project for which a deposit has already been paid or for which the capital has
been fully contributed or raised following the schedule specified in the
written approval for investment guidelines or the investment registration
certificate;
d) The State allocates or
leases out land to the investor for execution of an investment project on the
basis of receipt 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.
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a) Investment projects
using obsolete, environment threatening or resource-intensive technologies;
b) Investment projects in
which the investor must transfer assets without reimbursement to the State of
Vietnam or the Vietnamese side.
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. Every investor shall
ensure the quality of machinery, equipment and technological lines for
execution of investment projects in accordance with regulations of law.
2. The investor shall
self-determine the value of the investment capital of the investment project
after the project is put into operation.
3. Where necessary, to
ensure state management of science and technology or to form a basis for tax
calculation, the competent authority has the power to require independent
assessment of the value of the investment capital, quality and value of
machinery, equipment and technological lines after the investment project is
put into operation.
4. The investor must bear
any expenses for assessment if the assessment results lead to an increase in
the tax obligations discharged to the State.
5. The Government shall
elaborate this Article.
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1. An investor is entitled
to transfer part or whole of the investment project to another investor when
the following conditions are satisfied:
a) The investment project
or the part of the investment project which is transferred has not been
terminated in accordance with Clauses 1 and 2 Article 48 of this Law;
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 regulations of 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;
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Article 47. Suspension
of investment projects
1. When suspending an
investment project, the investor must notify the investment registration
authority in writing. If the project has to be suspended in a force majeure
event, the State shall allow the investor to be exempt from paying land rents
or reduce land levies for the suspension period with a view to 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) Pursuant to a judgment
or decision of a court or an arbitral award;
dd) The investor fails to
adhere to the written approval for investment guidelines or the investment
registration certificate and recommits administrative violations after
incurring penalties.
3. The Prime Minister
shall decide to suspend a project in part or in full if the project execution
is detrimental or potentially detrimental to national defense and security at
the request of the Ministry of Planning and Investment.
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Article 48.
Termination of investment projects
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) The project duration
is over.
2. The investment
registration authority shall terminate an investment project in part or in full
in the following cases:
a) The investor fails to
overcome the difficulties that lead to project suspension in the cases
mentioned in Clause 2 and Clause 3 Article 47 of this Law;
b) The investor is no
longer permitted to keep using the investment location and fails to complete
the procedures for change of investment location within 06 months from the date
on which the investor is no longer permitted to use the investment location,
except for the case specified in Point d of this Clause;
c) The investment
registration authority cannot contact the investor or the investor’s legal
representative after 12 months from the date of suspension of the project;
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dd) The investor fails to
pay the deposit or obtain a bank guarantee as prescribed by law if project
execution security is required;
e) The investor conducted
the investment activities on the basis of a sham civil transaction in
accordance with the civil law;
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 office of foreign investor to business cooperation
contract
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2. The operating office
of a foreign investor to a business cooperation contract has its own seal; the
foreign investor may open an account, hire employees, sign contracts and carry
out business activities under the business cooperation contract and Certificate
of registration of operating office.
3. The foreign investor
to the business cooperation contract shall submit the application for
registration of operating office to the investment registration authority of
the area where the operating office is intended to be located.
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 business cooperation contract; name and
address of the operating office; contents, duration, and operating scope of the
operating office; full name, residence, ID Card or Citizen ID Card number or
passport number of the head of the operating office;
b) The decision of the
foreign investor to the business cooperation contract for establishment of an
operating office;
c) A copy of the decision
to appoint the head of the operating office;
d) A copy of the business
cooperation contract.
5. Within 15 days from
the receipt of the application prescribed in Clause 4 of this Article, the
investment registration authority shall issue the Certificate of registration
of operating office to the foreign investor to the business cooperation
contract.
Article 50. Shutdown
of operating office of foreign investor to business cooperation contract
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2. The folder consists
of:
a) A decision to shut
down the operating office in the case of shutdown of the operating office ahead
of schedule;
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 liability;
dd) A social security
authority’s certification of fulfillment of social insurance obligations;
e) The certificate of
operating office registration;
g) A copy of the
investment registration certificate;
h) A copy of the business
cooperation contract.
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Chapter V
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, earn foreign currencies; access modern technologies,
raise the managerial capability and develop resources for socio-economic
development.
2. Investors carrying out
outward investment activities shall comply with this Law, other relevant
regulations of law, laws of the countries or territories that receive
investment (hereinafter referred to as “host countries”) and relevant
international treaties, and themselves take responsibility for the efficiency
in outward investment activities.
Article 52. Forms of
investment assistance
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;
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c) Contribution of
capital to, purchase of shares or stakes of an overseas business organization
to participate in management of such business organization;
d) Trading in securities,
other financial instruments, or making investment via securities investment
funds and other intermediary financial institutions in a foreign country;
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 international treaties.
2. Business lines with
technologies and products banned from export in accordance with the law on
foreign trade management.
3. Business lines banned
from business investment in accordance with regulations of laws of the host
countries.
Article 54. Business
lines subject to conditional outward investment
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a) Banking;
b) Insurance;
c) Securities;
d) Press, radio and
television;
dd) Real estate business.
2. The 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 international investment-related treaties to
which the Socialist Republic of Vietnam is a signatory.
Article 55. Sources of
capital for outward investment
1. Investors shall
contribute capital and raise capital to carry out outward investment
activities.
2. Borrowing foreign
currency loans and transferring foreign currency investment capital must comply
with the conditions and procedures prescribed in the laws on banking, credit
institutions and foreign exchange management.
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Section
2. PROCEDURES FOR GRANTING APPROVAL FOR OUTWARD INVESTMENT GUIDELINES AND
MAKING OUTWARD INVESTMENT DECISIONS
Article 56. The 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
not mentioned in Clauses 1 and 2 of this article are not subject outward
investment guideline approval.
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1. The investor shall
submit an outward investment project dossier to the Ministry of Planning and
Investment. The dossier consists of:
a) An outward investment
registration form;
b) A document about the
investor’s legal status;
c) A proposal for the
investment project containing at least: form, objectives, scale, and investment
location; preliminary determination of investment capital, capital raising plan
and structure of capital sources; project execution schedule, investment phases
(if any); preliminary analysis of the efficiency of the project;
d) Document(s) proving
the financial capacity of the investor including at least one of the following
documents: the investor’s financial statements for the last two years of the
investor; a parent company’s commitment to provide financial support; a
financial institution’s commitment to provide financial support; guarantee for
the investor’s financial capacity; other document proving the investor’s
financial capacity;
dd) A commitment to
themself balance sources of foreign currency or a commitment of an authorized credit
institution to provide foreign currency for the investor;
e) A document issued by
the ownership representative agency which approves the investor to carry out
outward investment activities, and report on internal appraisal of the outward
investment proposal of the state-owned enterprise as prescribed in Clause 1
Article 59 of this Law or decision on outward investment as prescribed in
Clause 2 Article 59 of this Law;
g) With regard to an
outward investment project in the business lines specified in Clause 1 Article
54 of this Law, the investor shall submit a written certification of the
investor’s fulfillment of conditions for outward investment issued by a
competent authority in accordance with the relevant regulations of law (if
any).
2. Within 05 working days
from the date on which the sufficient dossier is received, the Ministry of
Planning and Investment shall submit it to the Prime Minister for establishment
of a State Appraisal Council.
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a) Conditions for
issuance of an outward investment registration certificate prescribed in
Article 60 of this Law;
b) Legal status of the
investor;
c) Necessity of
conducting outward investment activities;
d) Conformity of the
investment project with Clause 1 Article 51 of this Law;
dd) Form, scale, location
and execution schedule of the investment project, outward investment capital
and sources of capital;
e) Assessment of level of
risks in the host country.
4. At least 60 days
before the opening of the meeting of the National Assembly, the Government
shall prepare an application for outward investment guideline approval and
submit it to the National Assembly’s agency presiding over validation.
5. An application for
outward investment guideline approval includes:
a) The Government’s
application form;
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c) The State appraisal
council’s appraisal report;
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).
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8. The National Assembly
shall consider passing a resolution on the outward investment guideline
approval containing the following contents:
a) The investor executing
the project;
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/. Within 03 working days from the date on which the sufficient
dossier is received, the Ministry of Planning and Investment shall send
relevant documents to relevant regulatory agencies to seek their opinions.
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4. Within 30 days from
the date on which the application is received, the Ministry of Planning and
Investment shall organize appraisal and prepare an appraisal report for
submission to the Prime Minister. The appraisal report includes the contents
specified in Clause 3 Article 57 of this Law.
5. The Prime Minister
shall consider granting outward investment guideline approval comprising the
contents set out in Clause 8 Article 57 of this Law.
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.
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3. The investor makes a
commitment to prepare foreign currencies themself or obtains a commitment to
prepare foreign currencies from an authorized credit institution for the
purposes of conducting outward investment activities.
4. There is an outward
investment decision as prescribed in Article 59 of this Law.
5. There is a tax
authority’s certification of the fulfillment of tax obligation 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 shall issue the outward investment
registration certificate to the investor within 05 working days from receipt of
the written approval for investment guidelines and the outward investment
decision prescribed in Article 59 of this Law.
2. Regarding the
investment project not mentioned in Clause 1 of this article, the investor
shall submit an application for issuance of an outward investment registration
certificate to the Ministry of Planning and Investment. The application
consists of:
a) An outward investment
registration form;
b) A document about the
investor’s legal status;
c) The outward investment
decision prescribed in Article 59 of this Law;
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dd) With regard to an
outward investment project in the business lines specified in Clause 1 Article
54 of this Law, the investor shall submit a certification of the investor’s
fulfillment of conditions for outward investment issued by a competent
authority in accordance with the relevant regulations of law (if any).
3. In case the amount of
foreign currency capital transferred abroad is VND 20 billion or more, the
Ministry of Planning and Investment shall request the State Bank of Vietnam to
provide opinions in writing.
4. Within 15 days from
receipt of the application prescribed in Clause 2 of this Article, the Ministry
of Planning and Investment 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.
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6. Rights and obligations
of the investor.
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;
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2. The investor must
update changes other than those prescribed in Clause 1 of this Article on the
National Investment Information System.
3. An application for
adjustment of the outward investment registration certificate includes:
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 payment obligation in
case of increasing the outward investment capital. Such certification must be
issued by the tax authority within the last 03 months.
4. The Ministry of
Planning and Investment shall adjust the outward investment registration
certificate within 15 days from receipt of the application specified in Clause
3 of this Article.
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6. If the adjustment to
the outward investment registration certificate results in the investment
project being subject to approval for its outward investment guidelines, the
investor has to apply for approval for outward investment guidelines before
adjusting the outward investment registration certificate.
7. The agency or person
that has the power to approve outward investment guidelines also has the power
to approve the adjustment to outward investment guidelines. The agency or
person that has the power to make the outward investment decision also has
power to make a decision on adjustment to contents of the outward investment
decision.
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 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;
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e) The foreign business
organization is dissolved or goes bankrupt in accordance with the law of the
host country;
g) Pursuant to a judgment
or decision of a court or an arbitral award;
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 shall invalidate outward investment registration
certificates.
Section
4. CONDUCT OF OUTWARD INVESTMENT ACTIVITIES
Article 65. Opening of
outward investment capital accounts
1. Investors shall open
an outward investment capital account at an authorized credit institution in
Vietnam in accordance with regulations of law on foreign exchange management.
2. Transfer of money from
and to Vietnam pertaining to outward investment activities must be made via the
investment capital account specified in Clause 1 of this Article in accordance
with regulations of law on foreign exchange management.
Article 66. Transfer
of investment capital overseas
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a) The outward investment
registration certificate has been granted, except for the case prescribed in
Clause 3 of this Article;
b) The investment
activities have been approved or licensed by a competent authority of the host
country. If the host country’s law does not cover investment licensing or
approval, the investor must provide documents proving their right to carry out
investment activities in that country;
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 law on foreign
exchange management, export and technology transfer and relevant regulations of
law.
3. Investors are entitled
to transfer foreign currencies, goods, machinery and equipment overseas to
serve market survey, research and market exploration and to carry out
investment preparatory activities as prescribed by the Government.
Article 67. Use of
profit overseas
1. The investor is
entitled to retain profit derived from outward investment for reinvestment in
the following cases:
a) Continuing to
contribute outward investment capital if capital has not yet been fully
contributed as registered;
b) Increasing outward
investment capital;
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2. Investors shall follow
the procedures for adjusting the outward investment registration certificate as
prescribed in Article 63 of this Law in the cases specified in Points a and b
Clause 1 of this Article; and follow the procedures for issuance of the outward
investment registration certificate as prescribed in Article 61 of this Law in
the case specified in Point c Clause 1 of this Article.
Article 68.
Repatriation of profit
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 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.
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a) Request the Government
and the Prime Minister to consider approving strategies, plans and policies for
investment in Vietnam and outward investment;
b) Promulgate or request
competent authorities to promulgate legislative documents on investment in
Vietnam and outward investment;
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 facing investors
and for preventing disputes between the State and investors;
e) Assess and report
developments of investment in Vietnam and outward investment;
g) Build, manage and
operate the National Investment Information System and national investment
database;
h) Issue, adjust and
invalidate outward investment registration certificates;
i) Perform state
management of industrial parks, export-processing zones and economic zones;
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l) Inspect, supervise and
assess investment activities, manage and cooperate in managing investment
activities within its power;
m) Negotiate and conclude
international investment-related treaties within its power;
n) Perform other tasks
and exercise other rights regarding state management of investment as assigned
by the Government and the Prime Minister.
3. Ministries,
ministerial agencies shall, within their jurisdiction, cooperate with the
Ministry of Planning and Investment in performing the task of state management
of investment in Vietnam and outward investment. To be specific:
a) Cooperate with the
Ministry of Planning and Investment, Ministries and ministerial agencies in
formulating laws and policies on investment;
b) Preside over and
cooperate with other Ministries and ministerial agencies in formulating laws,
policies, standards, technical regulations and instructions;
c) Request the Government
to promulgate conditions for making business investment in the business lines
mentioned in Article 7 of this Law;
d) Preside over and
cooperate with the Ministry of Planning and Investment in formulating planning
and plans, and compiling a list of its projects attracting investment; organize
campaigns and specialized investment promotion;
dd) Participate in
appraisal of projects subject to approval for their investment guidelines as
prescribed in this Law and take responsibility for the contents of the
appraisal within their jurisdiction;
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g) Preside over and
cooperate with People’s Committees of provinces, other Ministries and
ministerial agencies in resolving difficulties of investment projects in state
management; provide guidance on distribution of powers and authorize management
boards of industrial parks, export-processing zones, hi-tech zones, and
economic zones to perform state management tasks therein;
h) Carry out periodic
assessment of socio - economic effects of investment projects under their
management and send reports thereon to the Ministry of Planning and Investment;
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;
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g) Provide instructions
on organization, supervision and assessment of implementation of investment
reporting regulations.
5. Vietnam’s overseas
representative missions shall monitor and support investment activities, and
protect the lawful rights and interests of Vietnamese investors in the host
countries.
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 and supervision and assessment of investment projects under their
management;
b) Investment
registration authorities shall supervise and assess the investment projects to
which they grant investment registration certificates.
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a) With regard to
investment projects funded by state capital, investment authorities and
specialized authorities shall carry out supervision and assessment according to
the contents and criteria approved in the investment decision;
b) With respect to
investment projects funded by other sources of capital, investment authorities
and specialized authorities shall supervise and assess the objectives and
conformity of the investment projects with planning and investment guidelines
approved by competent authorities, the investment schedule, fulfillment of
environmental protection requirements, technologies, use of land and other
resources as prescribed by law;
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 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.
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Article 71. National
Investment Information System
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 shall preside over and cooperate with relevant agencies in
developing and operating the National Investment Information System; establish
the national investment database; assess the operation of such system by
central and local investment authorities.
3. Investment authorities
and investors shall sufficiently, promptly and accurately update information on
the National Investment Information System.
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Article 72. Reports on
investment activities in Vietnam
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
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;
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dd) The Ministry of
Planning and Investment shall submit an annual report to the Prime Minister on
investment nationwide and adherence to regulations on investment reporting by
the entities mentioned in Clause 1 of this Article.
3. Agencies, investors
and business organizations shall make reports in writing via the National
Investment Information System.
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
of outward investment activities
1. Reporting entities:
a) Ministries and
ministerial agencies shall manage outward investment activities in accordance
with regulations of law, and agencies representing the state capital in
enterprises;
b) Investors executing
outward investment projects as prescribed in this Law.
2. Regulations on
reporting applied to the entities specified in Point a Clause 1 of this
Article:
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b) The Ministry of
Planning and Investment shall submit an annual report on outward investment to
the Prime Minister.
3. Reporting regulations
applied to investors:
a) Within 60 days from
the day on which the project is approved or licensed as prescribed by 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, 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, the State Bank of Vietnam, and a
representative mission of Vietnam in the host country;
c) Within 06 months from
the day on which the tax declaration or an equivalent document is available as
prescribed by the host country’s law, the investor shall submit a report on the
operation of the investment project enclosed with the financial statement, tax
declaration, or an equivalent document prescribed by the host country’s law to
the Ministry of Planning and Investment, the State Bank of Vietnam, the
Ministry of Finance, a representative mission of Vietnam in the host country,
and a competent authority prescribed in this Law and relevant regulations of
law;
d) If the outward
investment project is funded by the state capital, apart from complying with
the regulations in Points a, b and c of this Clause, the investor shall make
reports in accordance with regulations of law on management and use of state
capital invested in manufacturing and business activities of enterprises.
4. The reports mentioned
in Clause 2 and Clause 3 of this Article shall be made in writing and via the
National Investment Information System.
5. The agencies and
investors in Clause 1 of this Article shall make ad hoc reports at the request
of competent authorities to meet state management requirements or settle issues
arising in relation to investment projects.
Article 74. Investment
promotion activities
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2. The Ministry of
Planning and Investment shall formulate and organize the implementation of a
national investment promotion plan or program; coordinate inter-regional and
inter-provincial investment promotion activities; monitor, supervise and
assesses the efficiency of investment promotion nationwide.
3.
Ministries, ministerial agencies and provincial People's Committees shall,
within their jurisdiction, formulate and organize implementation of investment
promotion plans and programs in fields and areas under their management in
conformity with strategies, planning and plans for socio-economic development
and the national investment promotion program.
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 CLAUSE[7]
Article 75. Amendments
to some Articles of laws related to business investment
1. The Law on Housing No.
65/2014/QH13 amended by the Law No. 40/2019/QH14 is amended as follows:
a) Clause 2 of Article 21
is amended as follows:
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b) Point c Clause 2 of
Article 22 is amended as follows:
“c) Approving an
investor in accordance with the Law on Investment. If multiple investors are
approved, the investor shall be determined in accordance with the Law on
Construction.
The Government shall
elaborate this Point.”;
c)[8] (repealed)
d) Clause 2 of 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 of 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 repealed.
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a) Clause 1 of Article 10
is amended as follows:
“1. Any
organization or individual engaged in real estate business must establish an
enterprise or cooperative (hereinafter referred to as “the enterprise”), except
for the cases mentioned in Clause 2 of this Article.”;
b) Article 50 is amended
as follows:
“Article 50. The
power to allow transfer of real estate projects in part or in full
1. In the case of a real
estate project for which the investor has been approved or to which an
investment registration certificate has been issued in accordance with the Law
on Investment, power and procedures for transfer of real estate projects in
part or in full shall comply with the Law on Investment.
2. For a real estate
project other than that mentioned in Clause 1 of this Article, the power to
allow transfer of real estate projects in part or in full is as follows:
a) People's Committees of
provinces and central-affiliated cities (hereinafter referred to as “provincial
People's Committees”) shall decide to allow transfer part or whole of real
estate projects subject to investment decision by provincial People's
Committees;
b) The Prime Minister
shall decide to allow transfer of real estate projects in part or in full, for
projects subject to investment decision by the Prime Minister.”;
c) The following
introductory paragraph is added before Clause 1 of Article 51:
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3. [9] Some Points of Clause 2 Article 25 of the
Law on Environmental Protection No. 55/2014/QH13 amended by the Law No.
35/2018/QH14 and the Law No. 39/2019/QH14 are amended as follows:
a) Point a Clause 2 of
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 the public
investment project, the competent authority shall depend on the preliminary
environmental impact assessment to decide policy guidelines; and depend on the
environmental impact assessment to make investment decisions for the projects
prescribed in Article 18 of this Law. The Government shall elaborate subjects
and contents of preliminary environmental impact assessment;”;
b) Point dd Clause 2 of
Article 25 is amended as follows:
“dd) With respect
to the projects not mentioned in Points a, b, c and d of this Clause, the
competent authority shall depend on the preliminary environmental impact
assessment to issue the investment registration certificate, except for the
case in which the investment registration certificate is issued at the request
of the investor; and the investor is only allowed to execute the project after
the environmental impact assessment report has been approved.”.
4. The Law on Corporate
Income Tax No. 14/2008/QH12 amended by the Law No. 32/2013/QH13 and the Law No.
71/2014/QH13 is amended as follows:
a) Clause 5a is added
after Clause 5 of Article 13 as follows:
“5a. With respect
to the investment projects specified in Clause 2 Article 20 of the Law on
Investment, the Prime Minister shall decide to apply a preferential tax rate
reducing by no more than 50% the preferential tax rate specified in Clause 1 of
this Article. The duration of application of the preferential tax rate shall
not exceed 1.5 times the duration of application of the preferential tax rate
specified in Clause 1 and may be extended for no more than 15 years and must
not exceed the duration of the investment project.”;
b) Clause 1a is added after Clause 1 of Article 14 as follows:
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a) Article 14, Article 15
and Clause 3 of Article 30 are repealed;
b) The number “14” and
the mark “,” immediately after the number “14” in Article 55 are deleted.
6. Article 10 and Point a
Clause 2 Article 43 of the Law on Urban Planning No. 30/2009/QH12 amended by
the Law No. 77/2015/QH13, the Law No. 35/2018/QH14 and the Law No. 40/2019/QH14
are repealed.
Article 76.
Implementation clause
1. This Law comes into
force from January 01, 2021, except for the regulations in Clause 2 of this
Article.
2. The regulations set
out in Clause 3 Article 75 of this Law come into force from September 01, 2020.
3. The Law on Investment
No. 67/2014/QH14 amended by the Law No. 90/2015/QH13, the Law No. 03/2016/QH14,
the Law No. 04/2017/QH14, the Law No. 28/2018/QH14 and the Law No. 42/2019/QH14
shall cease to have effect from the effective date of this Law, except for
Article 75 of the Law on Investment No. 67/2014/QH14.
4. Individuals who are
Vietnamese citizens may use their personal identification numbers instead of
copies of their identity cards/citizen identity cards, passports or other personal
identification documents upon following administrative procedures set out in
the Law on Investment and Law on Enterprises if the national population
database is connected to the national investment and enterprise registration
database.
5. Any legislative
document that refers to regulations on project approval decisions or investment
guideline decisions in accordance with the Law on Investment shall be
implemented in accordance with the regulations on investment guideline approval
of this Law.
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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 won the
bidding for investor selection or the land use right auction before the
effective date of this Law;
d) Projects have been
granted investment incentive certificates, investment licenses, investment
certificates or investment registration certificates before the effective date
of this Law.
3. If an investment
project specified in Clause 2 of this Article is adjusted and the adjustments
are subject to approval for investment guidelines in accordance with this Law,
the procedures mentioned in this Law must be followed to obtain approval for
investment guidelines or adjust investment guidelines.
4. Any investment project
executed or approved or allowed to be executed in accordance with regulations
of law before July 01, 2015 and subject to project execution security as
prescribed in this Law is not required to have a deposit or a bank guarantee.
If the investor adjusts the objectives or schedule for execution of the
investment project or repurposes land after the effective date of this Law, the
investor must pay a deposit or obtain a bank guarantee in accordance with this
Law.
5. Any debt collection
service contract concluded before the effective date of this Law shall cease to
have effect from the effective date of this Law; and the parties to such
contract may carry out activities to liquidate the contract in accordance with
the civil law and other relevant regulations of law.
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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 reserve part of the land area for development of residential
housing, service facilities and public utilities for employees working in the
industrial parks.
After adjustment of the
planning, the land area for development of residential housing, service
facilities and public utilities for employees working in an industrial park
must be outside the geographical boundary of the industrial park and must
ensure an environmental safety distance in accordance with the law on
construction and other relevant regulations of law.
10. Grandfather clauses
on outward investment activities:
a) Regulations on the
duration of outward investment projects set out in outward investment licenses
and outward investment certificates issued before July 01, 2015 shall cease to
have effect;
b) Any investor issued
with an outward investment license or certificate or outward investment
registration certificate to make outward investment in a conditional business
line subject to conditional outward investment in accordance with this Law may
continue to make investment according to the issued outward investment license
or certificate or outward investment registration certificate.
11. From the effective
date of this Law, if any document has been received and the deadline for
processing thereof has expired but the results have not been returned in
accordance with the Law No. 67/2014/QH14 on Investment amended by the Law
No. 90/2015/QH13, the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the
Law No. 28/2018/QH14 and the Law 42/2019/QH14, such document shall continue to
be processed in accordance with regulations of law 67/2014/QH14 on Investment
amended by the Law No. 90/2015/QH13, the Law No. 03/2016/QH14, the Law No.
04/2017/QH14, the Law No. 28/2018/QH14 and the Law No. 42/2019/QH14.
12. The Government shall
elaborate this Article./.
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CERTIFIED BY
CHAIRMAN
Bui Van Cuong
APPENDIX
(Enclosed with the Law on Investment No.
61/2020/QH14)
Appendix I
NARCOTIC SUBSTANCES BANNED FROM INVESTMENT
A. Substances and
salts, isomers, esters, ethers, and salts of isomers, esters, and ethers,
whenever the existence of such isomers, esters, ethers, and salts is possible
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Substance name
Scientific name
CAS number
1
Acetorphine
3-O-acetyltetrahydro
- 7 - α - (1 - hydroxyl - 1 - methylbutyl) - 6, 14 - endoetheno
- oripavine
25333-77-1
2
Acetyl-alpha-methylfenanyl
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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
79704-88-4
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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
Desomorphine
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427-00-9
8
Etorphine
Tetrahydro - 7α
- (1 - hydroxy - 1 - methylbutyl) - 6,14 - endoetheno -oripavine
14521-96-1
9
Heroine
Diacetylmorphine
561-27-3
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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
3-methylthiofentanyl
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86052-04-2
13
Morphine methobromide
derivatives of other Morphine Nitrogen V
(5α,6α) -
17 - Methyl - 7,8 -didehydro - 4,5 - epoxymorphinan - 3,6 - diol -
bromomethane (1:1)
125-23-5
14
Para-fluorofentanyl
4’ - fluoro - N
- (1 - phenethyl - 4 - piperidyl) propionanilide
90736-23-5
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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
No.
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Scientific name
CAS number
17
Brolamphetamine (DOB)
2,5 - dimethoxy - 4 -
bromoamphetamine
64638-07-9
18
Cathinone
(-) - α -
aminopropiophenone
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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
21
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(±) - 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
N, N - dimethyltryptamine
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24
DOET
(±) - 4 - ethyl - 2,5 -
dimethoxy - α - phenethylamine
22004-32-6
25
Eticyclidine
N- ethyl - 1 - phenylcylohexylamine
2201-15-2
26
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3 - (2 - aminobuty)
indole
2235-90-7
27
MDMA
(±) - N - α
- dimethyl - 3,4 - (methylenedioxy) phenethylamine
42542-10-9
28
Mescalin
3,4,5 -
trimethoxyphenethylamine
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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
31
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(±) - 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)
(±) - N -
hydroxy - [α - methyl - 3,4 - (methylenedyoxy) phenethyl]
hydroxylamine
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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
36
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p - methoxy - α - methylphenethylamine
64-13-1
37
Psilocine, Psilotsin
3 - [2 - (dimetylamino)
ethyl] indol - 4 - ol
520-53-6
38
Psilocybine
3 - [2 -
dimetylaminoethyl] indol - 4 - yl dihydrogen phosphate
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39
Rolicyclidine
1 - (1 -
phenylcyclohexy) pyrrolidine
2201-39-0
40
STP, DOM
2,5 - dimethoxy - 4,α
- dimethylphenethylamine
15588-95-1
41
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α - methyl - 3,4 - (methylendioxy) phenethylamine
4764-17-4
42
Tenocyclidine (TCP)
1 - [1 - (2 - thienyl)
cyclohexyl] piperidine
21500-98-1
43
TMA
(+) - 3,4,5 -
trimethoxy - α - methylphenylethylamine
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C. Substances and
salts, whenever the existence of such salts is possible
No.
Substance name
Scientific name
CAS number
44
MPPP
1 - methyl - 4 - phenyl
- 4 - piperidinol propionate (ester)
13147-09-6
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No.
Substance name
Scientific name
CAS number
45
Cannabis and
derivatives
8063-14-7
46
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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
LIST OF BANNED CHEMICALS AND MINERALS
...
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Chemical name in Vietnamese
Chemical name in English
HS code
CAS number
1
Các hợp chất O-Alkyl (<
C10, gồm cả cycloalkyl) alkyl (Me, Et, n-Pr hoặc i-Pr)- phosphonofloridat
O-Alkyl (<= C10,
incl. cycloalkyl) alkyl (Me, Et, n- Pr or i-Pr)- phosphonofluoridates
2931.00
...
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Ví dụ:
Example:
• Sarin:
O-Isopropylmetyl phosphonofloridat
• Sarin: O-Isopropyl
methylphosphonofluorid ate
2931.9080
107-44-8
...
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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
77-81-6
...
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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
505-60-2
...
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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
3563-36-8
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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
142868-93-7
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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
63918-90-1
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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
40334-69-8
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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
51-75-2
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• HN3:
Tris(2-cloroetyl)amin
• HN3: Tris(2-
chloroethyl)amine
2921.1999
555-77-1
7
Saxitoxin
Saxitoxin
3002.90
35523-89-8
...
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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
676-99-3
...
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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
2931.9080
1445-76-7
...
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Chlorosoman:
O-Pinacolyl metylphosphonocloridat
Chlorosoman:
O-Pinacolyl methylphosphonochloridate
2931.9080
7040-57-5
13
Axit dodecyl benzen
sunfonic (DBSA)
Dodecyl benzene
sulfonic acid (DBSA)
29041000
27176-87-0
...
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Amiăng crocidolit
Asbestos crocidolite
2524.10.00
12001-28-4
15
Amiăng amosit
Asbestos amosite
2524.90.00
12172-73-5
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Amiăng anthophyllit
Asbestos anthophyllite
2524.90.00
17068-78-9
77536-67-5
17
Amiăng actinolit
Asbestos actinolite
2524.90.00
77536-66-4
...
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Amiăng tremolit
Asbestos tremolite
2524.90.00
77536-68-6
Appendix III
LIST OF GROUP I ENDANGERED, PRECIOUS AND RARE FOREST PLANT
AND FOREST ANIMAL SPECIES AND AQUATIC SPECIES
LIST OF ENDANGERED, PRECIOUS AND RARE FOREST PLANT AND FOREST
ANIMAL SPECIES
IA
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Vietnamese name
Scientific name
LỚP THÔNG
PINOSIDA
Họ Hoàng đàn
Cupressaceae
1
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Xanthocyparis
vietnamensis
2
Bách đài loan
Taiwania
cryptomerioides
3
Hoàng đàn hữu liên
Cupressus
tonkinensis
4
Sa mộc dầu
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5
Thông nước
Glyptostrobus
pensilis
Họ Thông
Pinaceae
6
Du sam đá vôi
Keteleeria davidiana
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Vân sam fan si pang
Abies delavayi
subsp. fansipanensis
Họ Hoàng liên gai
Berberidaceae
8
Các loài Hoàng liên gai
thuộc chi Berberis
Berberis spp.
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Ranunculaceae
9
Hoàng liên chân gà
Coptis quinquesecta
10
Hoàng liên bắc
Coptis chinensis
Họ Ngũ gia bì
...
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11
Sâm vũ diệp (Vũ diệp
tam thất)
Panax bipinnatifidus
12
Tam thất hoang
Panax stipuleanatus
LỚP HÀNH
LILIOPSIDA
...
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Họ lan
Orchidaceae
13
Lan kim tuyến
Anoectochilus
setaceus
14
Lan kim tuyến
Anoectochilus
acalcaratus
15
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Anoectochilus
calcareus
16
Lan hài bóng
Paphiopedilum
vietnamense
17
Lan hài vàng
Paphiopedilum
villosum
18
Lan hài đài cuộn
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19
Lan hài chai
Paphiopedilum
callosum
20
Lan hài râu
Paphiopedilum
dianthum
21
Lan hài hê len
Paphiopedilum
helenae
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Lan hài henry
Paphiopedilum
henryanum
23
Lan hài xanh
Paphiopedilum
malipoense
24
Lan hài chân tím
Paphiopedilum
tranlienianum
25
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Paphiopedilum
hirsutissimum
26
Lan hài hằng
Paphiopedilum
hangianum
27
Lan hài đỏ
Paphiopedilum
delenatii
28
Lan hài trân châu
...
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29
Lan hài hồng
Paphiopedilum
micranthum
30
Lan hài xuân cảnh
Paphiopedilum canhii
31
Lan hài tía
Paphiopedilum
purpuratum
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Lan hài trần tuấn
Paphiopedilum
trantuanhii
33
Lan hài đốm
Paphiopedilum
concolor
34
Lan hài tam đảo
Paphiopedilum
gratrixianum
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MAGNOLIOPSIDA
Họ Dầu
Dipterocarpaceae
35
Chai lá cong
Shorea falcata
36
Kiền phú quốc
...
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37
Sao hình tim
Hopea cordata
38
Sao mạng cà ná
Hopea reticulata
Họ Ngũ gia bì
Araliaceae
...
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Sâm ngọc linh
Panax vietnamensis
IB
STT
Vietnamese name
Scientific name
LỚP THÚ
MAMMALIA
...
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BỘ LINH TRƯỞNG
PRIMATES
1
Cu li lớn
Nycticebus
bengalensis
2
Cu li nhỏ
Nycticebus pygmaeus
3
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Pygathrix nigripes
4
Chà vá chân nâu
Pygathrix nemaeus
5
Chà vá chân xám
Pygathrix cinerea
6
Voọc bạc đông dương
...
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7
Voọc bạc trường sơn
Trachypithecus
margarita
8
Voọc cát bà
Trachypithecus
poliocephalus
9
Voọc đen má trắng
Trachypithecus
francoisi
...
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Voọc hà tĩnh
Trachypithecus
hatinhensis
11
Voọc mông trắng
Trachypithecus
delacouri
12
Voọc mũi hếch
Rhinopithecus
avunculus
13
...
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Trachypithecus
crepusculus
14
Vượn cao vít
Nomascus nasutus
15
Vượn đen tuyền
Nomascus concolor
16
Vượn má hung
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17
Vượn má trắng
Nomascus leucogenys
18
Vượn má vàng trung bộ
Nomascus annamensis
19
Vượn siki
Nomascus siki
...
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BỘ THÚ ĂN THỊT
CARNIVORA
20
Sói đỏ (Chó sói lửa)
Cuon alpinus
21
Gấu chó
Helarctos malayanus
22
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Ursus thibetanus
23
Rái cá lông mượt
Lutrogale
perspicillata
24
Rái cá thường
Lutra lutra
25
Rái cá vuốt bé
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26
Rái cá lông mũi
Lutra sumatrana
27
Cầy mực
Arctictis binturong
28
Cầy gấm
Prionodon pardicolor
...
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Báo gấm
Neofelis nebulosa
30
Báo hoa mai
Panthera pardus
31
Beo lửa
Catopuma temminckii
32
...
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Panthera tigris
corbetti
33
Mèo cá
Prionailurus
viverrinus
34
Mèo gấm
Pardofelis marmorata
BỘ CÓ VÒI
...
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35
Voi châu á
Elephas maximus
BỘ MÓNG GUỐC LẺ
PERISSODACTYLA
36
Tê giác một sừng
Rhinoceros sondaicus
...
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BỘ MÓNG GUỐC CHẴN
ARTIODACTYLA
37
Bò rừng
Bos javanicus
38
Bò tót
Bos gaurus
39
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Axis porcinus
annamiticus
40
Hươu xạ
Moschus berezovskii
41
Mang lớn
Megamuntiacus
vuquangensis
42
Mang trường sơn
...
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43
Nai cà tong
Rucervus eldii
44
Sao la
Pseudoryx
nghetinhensis
45
Sơn dương
Naemorhedus
milneedwardsii
...
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BỘ TÊ
PHOLIDOTA
46
Tê java
Manis javanica
47
Tê vàng
Manis pentadactyla
...
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LAGOMORPHA
48
Thỏ vằn
Nesolagus timminsi
LỚP CHIM
AVES
BỘ BỒ NÔNG
...
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49
Bồ nông chân xám
Pelecanus
philippensis
50
Cò thìa
Platalea minor
51
Quắm cánh xanh
Pseudibis davisoni
...
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Quắm lớn (Cò quắm lớn)
Thaumatibis gigantea
53
Vạc hoa
Gorsachius
magnificus
BỘ CỔ RẮN
SULIFORMES
54
...
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Anhinga melanogaster
BỘ BỒ NÔNG
PELECANIFORMES
55
Cò trắng trung quốc
Egretta eulophotes
BỘ HẠC
...
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56
Già đẫy nhỏ
Leptoptilos
javanicus
57
Hạc cổ trắng
Ciconia episcopus
58
Hạc xám
Mycteria cinerea
...
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BỘ ƯNG
ACCIPITRIFORMES
59
Đại bàng đầu nâu
Aquila heliaca
60
Kền kền ấn độ
Gyps indicus
61
...
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Gyps bengalensis
BỘ CẮT
FALCONIFORMES
62
Cắt lớn
Falco peregrinus
BỘ CHOẮT
...
...
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63
Choắt lớn mỏ vàng
Tringa guttifer
BỘ NGỖNG
ANSERIFORMES
64
Ngan cánh trắng
Asarcornis scutulata
...
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BỘ GÀ
GALLIFORMES
65
Gà lôi lam mào trắng
Lophura edwardsi
66
Gà lôi tía
Tragopan temminckii
67
...
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Lophura nycthemera
68
Gà so cổ hung
Arborophila davidi
69
Gà tiền mặt đỏ
Polyplectron
germaini
70
Gà tiền mặt vàng
...
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71
Trĩ sao
Rheinardia ocellata
BỘ SẾU
GRUIFORMES
72
Sếu đầu đỏ (Sếu cổ trụi)
Grus antigone
...
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BỘ Ô TÁC
OTIDIFORMES
73
Ô tác
Houbaropsis
bengalensis
BỘ BỒ CÂU
COLUMBIFORMES
74
...
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Caloenas nicobarica
BỘ HỒNG HOÀNG
Bucerotiformes
75
Hồng hoàng
Buceros bicornis
76
Niệc cổ hung
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77
Niệc mỏ vằn
Rhyticeros undulatus
78
Niệc nâu
Anorrhinus austeni
BỘ SẺ
PASSERRIFORMES
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Khướu ngọc linh
Trochalopteron
ngoclinhense
LỚP BÒ SÁT
REPTILIA
BỘ CÓ VẢY
SQUAMATA
80
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Cnemaspis
psychedelica
81
Thằn lằn cá sấu
Shinisaurus
crocodilurus
82
Kỳ đà vân
Varanus nebulosus
(Varanus bengalensis)
83
Rắn hổ chúa
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BỘ RÙA
TESTUDINES
84
Rùa ba-ta-gua miền nam
Batagur affinis
85
Rùa hộp trán vàng miền
trung (Cuora bourreti)
Cuora bourreti
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Rùa hộp trán vàng miền
nam (Cuora picturata)
Cuora picturata
87
Rùa hộp trán vàng miền
bắc
Cuora galbinifrons
88
Rùa trung bộ
Mauremys annamensis
89
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Platysternon
megacephalum
90
Giải sin-hoe
Rafetus swinhoei
91
Giải
Pelochelys cantorii
BỘ CÁ SẤU
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92
Cá sấu nước lợ (Cá sấu
hoa cà)
Crocodylus porosus
93
Cá sấu nước ngọt (Cá
sấu xiêm)
Crocodylus siamensis
LIST OF ENDANGERED, PRECIOUS AND RARE AQUATIC SPECIES
GROUP I
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Vietnamese name
Scientific name
I
LỚP ĐỘNG VẬT CÓ VÚ
MAMMALIAS
1
Họ cá heo biển (tất cả
các loài, trừ cá heo trắng trung hoa - Sousa chinensis)
Delphinidae
2
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Phocoenidae
3
Họ cá heo nước ngọt
(tất cả các loài)
Platanistidae
4
Họ cá voi lưng gù (tất
cả các loài)
Balaenopteridae
5
Họ cá voi mõm khoằm
(tất cả các loài)
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6
Họ cá voi nhỏ (tất cả
các loài)
Physeteridae
II
LỚP CÁ XƯƠNG
OSTEICHTHYES
7
Cá chình mun
Anguilla bicolor
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Cá chình nhật
Anguilla japonica
9
Cá cháy bắc
Tenualosareevesii
10
Cá mòi đường
Albulavulpes
11
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Ilishaelongata
12
Cá thát lát khổng lồ
Chitalalopis
13
Cá anh vũ
Semilabeo obscurus
14
Cá chép gốc
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15
Cá hô
Catlocarpiosiamensis
16
Cá học trò
Balantiocheilosambusticauda
17
Cá lợ thân cao (Cá lợ)
Cyprinus
hyperdorsalis
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Cá lợ thân thấp
Cyprinus
multitaeniata
19
Cá măng giả
Luciocyprinuslangsoni
20
Cá may
Gyrinocheilusaymonieri
21
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Chanodichthysflavpinnis
22
Cá mơn (Cá rồng)
Scleropagesformosus
23
Cá pạo (Cá mị)
Sinilabeograffeuilli
24
Cá rai
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25
Cá trốc
Acrossocheilusannamensis
26
Cá trữ
Cyprinus dai
27
Cá thơm
Plecoglossusaltivelis
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Cá niết cúc phương
Pterocryptiscucphuongensis
29
Cá tra dầu
Pangasianodongigas
30
Cá chen bầu
Ompokbimaculatus
31
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Pangasius
sanitwongsei
32
Cá sơn đài
Ompokmiostoma
33
Cá bám đá
Gyrinocheiluspennocki
34
Cá trê tối
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35
Cá trê trắng
Clariasbatrachus
36
Cá trèo đồi
Chana asiatica
37
Cá bàng chài vân sóng
Cheilinusundulatus
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Cá dao cạo
Solenostomus
paradoxus
39
Cá dây lưng gù
Cyttopsiscypho
40
Cá kèn trung quốc
Aulostomuschinensis
41
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Scorpaenopsisdiabolus
42
Cá mặt trăng
Molamola
43
Cá mặt trăng đuôi nhọn
Masturuslanceolatus
44
Cá nòng nọc nhật bản
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45
Cá ngựa nhật
Hippocampus
japonicus
46
Cá đường (Cá sủ giấy)
Otolithoidesbiauratus
47
Cá kẽm chấm vàng
Plectorhynchusflavomaculatus
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Cá kẽm mép vẩy đen
Plectorhynchusgibbosus
49
Cá song vân giun
Epinephelusundulatostriatus
50
Cá mó đầu u
Bolbometoponmuricatum
51
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Cromileptesaltivelis
52
Cá mú chấm bé
Plectropomusleopardus
53
Cá mú sọc trắng
Anyperodonleucogrammicus
54
Cá hoàng đế
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III
LỚP CÁ SỤN
CHONDRICHTHYES
55
Các loài cá đuối nạng
Mobula sp.
56
Các loài cá đuối ó mặt
quỷ
Manta sp.
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Cá đuối quạt
Okamejeikenojei
58
Cá giống mõm tròn
Rhinaancylostoma
59
Cá mập đầu bạc
Carcharhinus
albimarginatus
60
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Sphyrna lewini
61
Cá mập đầu búa lớn
Sphyrna mokarran
62
Cá mập đầu búa trơn
Sphyrna zygaena
63
Cá mập đầu vây trắng
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64
Cá mập đốm đen đỉnh đuôi
Carcharhinus
melanopterus
65
Cá mập hiền
Carcharhinus
amblyrhynchoides
66
Cá mập lơ cát
Carcharhinus leucas
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Cá mập lụa
Carcharhinus
falciformis
68
Cá mập trắng lớn
Carcharodon
carcharias
69
Cá nhám lông nhung
Cephaloscyllium
umbratile
70
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Etmopterus lucifer
71
Cá nhám nhu mì
Stegostomafasciatum
72
Cá nhám rang
Rhinzoprionodonacutus
73
Cá nhám thu
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74
Cá nhám thu/cá mập sâu
Pseudocarchariaskamoharai
75
Cá nhám voi
Rhincodon typus
76
Các loài cá đao
Pristidae spp.
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Các loài cá mập đuôi dài
Alopias spp.
IV
LỚP HAI MẢNH VỎ
BIVALVIA
78
Trai bầu dục cánh cung
Margaritanopsislaosensis
79
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Gibbosulacrassa
80
Trai cóc hình lá
Lamprotulablaisei
81
Trai cóc nhẵn
Cuneopsisdemangei
82
Trai cóc vuông
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83
Trai mẫu sơn
Contradensfultoni
84
Trai sông bằng
Pseudobaphiabanggiangensis
V
LỚP CHÂN BỤNG
GASTROPODA
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Các loài trai tai tượng
Tridacna spp.
86
Họ ốc anh vũ (tất cả
các loài)
Nautilidae
87
Ốc đụn cái
Tectusniloticus
88
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Tectuspyramis
89
Ốc mút vệt nâu
Cremnoconchusmessageri
90
Ốc sứ mắt trĩ
Cypraeaargus
91
Ốc tù và
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92
Ốc xà cừ
Turbo marmoratus
VI
LỚP SAN HÔ
ANTHOZOA
93
Bộ san hô đá (tất cả
các loài)
Scleractinia
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Bộ san hô cứng (tất cả
các loài)
Stolonifera
95
Bộ san hô đen (tất
cảcác loài)
Antipatharia
96
Bộ san hô sừng (tất cả
các loài)
Gorgonacea
97
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Helioporacea
VII
NGÀNH DA GAI
ECHINODERMATA
98
Cầu gai đá
Heterocentrotusmammillatus
99
Hải sâm hổ phách
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100
Hải sâm lựu
Thelenotaananas
101
Hải sâm mít hoa (Hải
sâm dừa)
Actinopygamauritiana
102
Hải sâm trắng (Hải sâm
cát)
Holothuria
(Metriatyla) scabra
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Hải sâm vú
Microthelenobilis
VIII
GIỚI THỰC VẬT
PLANTAE
104
Cỏ nàn
Halophila beccarii
105
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Halophila decipiens
106
Cỏ lăn biển
Syringodiumizoetifolium
107
Rong bắp sú
Kappaphycus striatum
108
Rong bong bóng đỏ
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109
Rong câu chân vịt
Hydropuntiaeucheumoides
110
Rong câu cong
Gracilariaarcuata
111
Rong câu dẹp
Gracilariatextorii
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Rong câu đỏ
Gracilaria rubra
113
Rong câu gậy
Gracilariablodgettii
114
Rong chân vịt nhăn
Cryptonemiaundulata
115
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Hypneaboergesenii
116
Rong đông sao
Hypneacornuta
117
Rong hồng mạc nhăn
Halymeniadilatata
118
Rong hồng mạc trơn
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119
Rong hồng vân
Betaphycusgelatinum
120
Rong hồng vân thỏi
Eucheuma arnoldii
121
Rong kỳ lân
Kappaphycuscottonii
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Rong mơ
Sargassum
quinhonensis
123
Rong mơ mềm
Sargassum tenerrimum
124
Rong nhớt
Helminthodadiaaustralis
125
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Eucheuma
denticulatum
126
Rong tóc tiên
Bangiafuscopurpurea
Appendix IV
LIST OF CONDITIONAL BUSINESS LINES
No.
BUSINESS LINES
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Production of seals
2
Combat gear trading
(including repair)
3
Trading in fireworks,
excluding firecrackers
4
Trading in camouflage
devices and software used for sound and video recording and positioning
5
Trading in paintball
guns
...
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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
9
Trading in warning
devices for emergency vehicles
10
Security guard services
...
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...
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Fire safety and
firefighting services
12
Lawyer’s practice
13
Notary’s practice
14
Judicial assessment in
the fields of finance, banking, construction, antiques, relics, copyright
15
Auctioneer's practice
...
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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
19
Auditing services
20
Tax agency services
...
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Customs agency services
22
Duty-free goods trading
23
Bonded warehouse and
container freight station business
24
Premises for conducting
customs procedures, customs gathering, inspection and supervision for rent
25
Securities trading
...
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...
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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
29[10]
Insurance brokerage
29a[11]
Insurance auxiliary
services
...
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Insurance agency
31
Price valuation
services
32
Lottery business
33
Prize-winning
electronic games for foreigners
34
Credit rating services
...
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Casino business
36
Betting business
37
Voluntary retirement
fund management services
38
Petro and oil trading
39
Gas trading
...
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Commercial assessment
services
41
Industrial explosive
trading (including destruction thereof)
42
Explosive precursor
trading
43
Business operations
using industrial explosives and explosive precursors
44
Blasting services
...
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...
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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
48
Trading in foods under
the management of the Ministry of Industry and Trade
49
Commodity exchange
operations
...
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Electricity generation,
transmission, distribution, wholesaling, retail and consultancy
51
Rice export
52
Temporary import for
re-export of goods subject to special excise tax
53
Temporary import for
re-export of frozen food
54
Temporary import for
re-export of goods on the List of used goods
...
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Mineral trading
56
Industrial precursor
trading
57
Goods trading and
activities directly related goods trading by foreign service providers in
Vietnam
58
Multi-level marketing
59
E-commerce activities
...
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Petroleum activities
61
Energy auditing
62
Vocational educational
activities
63
Vocational education accreditation
64
Occupational skill
assessment services
...
...
...
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Occupational safety
inspection services
66
Occupational safety and
health training services
67
Employment agency
services
68
Overseas employment
agency services
69
Voluntary drug
rehabilitation services, smoking cessation services, HIV/AIDS treatment
service, care services for the elderly, people with disabilities and children
...
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...
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Labor outsourcing
services
71
Road transport services
72
Automobile warranty and
maintenance services
73
Manufacture, assembly
and import of automobiles
74
Motor vehicle
inspection services
...
...
...
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Automobile driver
training services
76
Traffic safety
inspector training services
77
Driving test services
78
Traffic safety
assessment services
79
Waterway transport
services
...
...
...
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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
83
Maritime safety
services
84
Sea transport services
...
...
...
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Ship towing services
86
Import and dismantling
of used sea-going ship
87
Ship building,
modification and repair services
88
Commercial operation of
seaports
89
Air transport business
...
...
...
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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
93
Air navigation services
94
Flight crew training
services
...
...
...
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Rail transport business
96
Rail infrastructure
business
97
Urban rail business
98
Multimodal transport
services
99
Hazardous goods
transport services
...
...
...
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Pipeline transport
services
101
Real estate business
102
Clean water (domestic
water) trading
103
Architectural services
104
Construction project
management consultancy services
...
...
...
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Construction survey
services
106
Construction design and
construction design assessment services
107
Construction
supervision services
108
Construction services
109
Foreign contractors’
construction activities
...
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Construction cost
management services
111
Construction inspection
services
112
Construction experiment
services
113
Apartment building
operation and management services
114
Cremation facility
management and operation services
...
...
...
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Construction planning
formulation services
116
Trading in white
asbestos of the serpentine group
117
Postal services
118
Telecommunications
services
119[12]
Trust service business
...
...
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Publishers' activities
121
Printing services
excluding package printing
122
Publication release
services
123
Social network services
124
Telecommunications
network- and internet-based games
...
...
...
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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
128
Provision of
information and IT services on mobile network or the Internet
129
Domain name
registration and maintenance services
...
...
...
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Data center services
131
Electronic
identification and authentication services
132
Network information
security products and services
132a[13]
Trading in
cybersecurity products and services (excluding trading in cybersecurity
products and services and trading in civil cryptographic products and
services)
133
Imported newspaper
distribution services
...
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Trading in civil
cryptography products and services
135
Trading in mobile phone
jammers
136
Operation of pre-school
institutions
137
Operation of general
education institutions
138
Operation of higher
education institutions
...
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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
142
Educational cooperation
with foreign partners
143
Education accreditation
...
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Overseas study
consultancy services
145
Fishing
146
Trading in fishery
products
147
Trading in aquaculture
feeds and animal feeds
148
Aquaculture feed and
animal feed testing services
...
...
...
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Trading in biological
preparations, microorganisms, chemicals, environmental remediation agents
serving aquaculture and husbandry
150
Fishing vessel building
and modification
151
Fishing vessel
registration
152
Training and retraining
crew members of fishing vessels
153
Breeding and
cultivation of wild flora and fauna prescribed in the CITES Appendices and
the List of endangered, precious and rare forest plant and animal species and
aquatic species
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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
157
Processing, trading, transporting,
advertising displaying and storing specimens of plant and animal species
prescribed in the CITES appendices and lists of endangered, precious and rare
forest plant and animal species and aquatic species
158
Trading in
agrochemicals
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Processing of items
required to undergo plant quarantine
160
Agrochemical testing
services
161
Plant protection
services
162
Trading in veterinary
drugs, vaccines, biological preparations, microorganisms and chemicals
serving veterinary medicine
163
Veterinary technical
services
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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)
167
Farm breeding services
168
Domestic animal and
poultry slaughtering services
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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
172
Fertilizer testing
services
173
Trading in plant
varieties and animal breeds
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Trading in aquatic
breeds
175
Plant variety and
animal breed testing services
176
Aquatic breed testing
services
177
Testing biological
preparations, microorganism, chemicals, environmental remediation agents
serving aquaculture and husbandry
178
Trading in genetically
modified food
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Medical examination and
treatment services
180
Cosmetic surgery
services
181
Pharmacy business
182
Cosmetics production
183
Trading in insecticidal
and germicidal chemicals and preparations for medical use
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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
187
Atomic energy
application ancillary services
188
Conformity assessment
services
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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)
192[14]
Film dissemination
services
193
Antiques assessment
services
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Site/monument
protection, renovation and restoration project planning, execution,
supervision services
195
Karaoke and dance club
business
196
Travel services
197
Sports business by
sports enterprises and professional sports clubs
198
Art performance,
fashion show, beauty contest, model contest services
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Trading audios and
videos of dance, music and stage performances
200
Accommodation services
201
Trading in relics,
antiques and national treasures
202
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
203
Museum services
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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
207
IT infrastructure and
software infrastructure development services for land information systems
208
Land database
development services
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Land pricing services
210
Measurement and mapping
services
211
Hydro-meteorological
forecasting and warning services
212
Underground water
drilling and survey services
213
Water resources
extraction services and services of discharge of wastewater into water bodies
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Services of baseline
surveys of, and consultancy on formulation of water resources planning,
schemes and reports
215
Mineral exploration
services
216
Mineral mining
217
Hazardous waste
transport and treatment services
218
Import of scrap
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Environmental
monitoring services
220
Business operation of
commercial banks
221
Business operation of
non-bank credit institutions
222
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
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Credit information
services
225
Business operation and
foreign exchange activities by organizations which are not credit
institutions
226
Gold trading
227
Money printing and
minting
228[15]
Provision of training
to radio operators and issuance of radio operator certificates
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[1] Preludes to the Law on Environmental
Protection No. 72/2020/QH14:
“The
Constitution of the Socialist Republic of Vietnam;
The National Assembly
hereby promulgates the Law on Environmental Protection.”.
Preludes to the Law No.
03/2022/QH15 on amendments to certain articles of the Law on Public Investment,
the Law on Public-Private Partnership Investment, the Law on Investment, the
Law on Housing, the Law on Bidding, the Law on Electricity, the Law on
Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment
Enforcement:
“The
Constitution of the Socialist Republic of Vietnam;
The National Assembly
promulgates the Law on amendments to certain articles of the Law on Public
Investment No. 39/2019/QH14, which is amended by the Law No. 64/2020/QH14 and
the Law No. 72/2020/QH14; the Law on Public-Private Partnership Investment No.
64/2020/QH14; the Law on Investment No. 61/2020/QH14, which is amended by the
Law No. 72/2020/QH14; the Law on Housing No. 65/2014/QH13, which is amended by
the Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14 and the
Law No. 64/2020/QH14; the Law on Bidding No. 43/2013/QH13, which is amended by
the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 40/2019/QH14 and
the Law No. 64/2020/QH14; the Law on Electricity No. 28/2004/QH11, which
is amended by Law No. 24/2012/QH13 and the Law No. 28/2018/QH14; the Law on
Enterprises No. 59/2020/QH14; the Law on Special Excise Duties No.
27/2008/QH12, which is amended by the Law No. 70/2014/QH13, Law No.
71/2014/QH13 and the Law No. 106/2016/QH13; the Law on Civil Judgment
Enforcement No. 26/2008/QH12, which is amended by the Law No. 64/2014/QH13, Law
No. 23/2018/QH14 and the Law No. 67/2020/QH14.
Preludes to the Law on
Cinematography No. 05/2022/QH15:
“The
Constitution of the Socialist Republic of Vietnam;
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Preludes to the Law on
Insurance Business No. 08/2022/QH15:
“The Constitution
of the Socialist Republic of Vietnam;
The National Assembly
hereby promulgates the Law on Insurance Business.”.
Preludes to the Law No.
09/2022/QH15 on Amendments to Some Articles of the Law on Radio Frequencies:
“The Constitution
of the Socialist Republic of Vietnam;
The National Assembly
hereby promulgates the Law on Amendments to Some Articles of the Law on Radio
Frequencies No. 42/2009/QH12.”.
Preludes to the Law on
Electronic Transactions No. 20/2023/QH15:
“The Constitution
of the Socialist Republic of Vietnam;
The National Assembly
hereby promulgates the Law on Electronic Transactions.”.
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[3] This point is added by clause 1 Article 3 of
the Law No. 03/2022/QH15 on amendments to certain articles of the Law on Public
Investment, the Law on Public-Private Partnership Investment, the Law on
Investment, the Law on Housing, the Law on Bidding, the Law on Electricity, the
Law on Enterprises, the Law on Special Excise Duties and the Law on Civil
Judgment Enforcement, which has been effective since March 01, 2022.
[4] This point is amended by clause 2 Article 3
of the Law No. 03/2022/QH15 on amendments to certain articles of the Law on
Public Investment, the Law on Public-Private Partnership Investment, the Law on
Investment, the Law on Housing, the Law on Bidding, the Law on Electricity, the
Law on Enterprises, the Law on Special Excise Duties and the Law on Civil
Judgment Enforcement, which has been effective since March 01, 2022.
[5] This point is added by clause 2 Article 3 of
the Law No. 03/2022/QH15 on amendments to certain articles of the Law on Public
Investment, the Law on Public-Private Partnership Investment, the Law on
Investment, the Law on Housing, the Law on Bidding, the Law on Electricity, the
Law on Enterprises, the Law on Special Excise Duties and the Law on Civil
Judgment Enforcement, which has been effective since March 01, 2022.
[6] This point is added by clause 3 Article 3 of
the Law No. 03/2022/QH15 on amendments to certain articles of the Law on Public
Investment, the Law on Public-Private Partnership Investment, the Law on
Investment, the Law on Housing, the Law on Bidding, the Law on Electricity, the
Law on Enterprises, the Law on Special Excise Duties and the Law on Civil
Judgment Enforcement, which has been effective since March 01, 2022.
[7] Articles 170 and 171 of the Law on
Environmental Protection No. 72/2020/QH14, which has been effective since January
01, 2022, stipulate that:
“Article 170.
Effect
1. This Law comes into
force from January 01, 2022, except for the case in Clause 2 of this Article.
2. Clause 3 Article 29
of this Law comes into force from February 01, 2021.
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.
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1. Sufficient and
valid documents received by competent regulatory bodies to be processed
according to administrative procedures concerning the environment before the
effective date of this Law shall be processed in accordance with the law at the
time of receipt, unless the organization or individual wishes to apply this
Law.
2. The decisions to
approve environmental impact assessment reports, preliminary environmental
impact assessment reports, detailed environmental impact assessment reports,
additional environmental impact assessment reports, re-prepared environmental
impact assessment reports and detailed environmental protection projects,
written confirmations of simple environmental protection projects, certificates
of registration of satisfaction of environmental standards, environmental
protection commitments and environmental protection plans which were
promulgated by competent authorities before the effective date of this Law are
equivalent to the decision to approve EIAR appraisal result upon considering
issuing the environmental license.
3. The decisions to
approve projects on deposit payment, environmental improvement and remediation;
environmental improvement and remediation projects; environmental improvement
and remediation schemes; additional environmental improvement and remediation schemes
which were promulgated by competent authorities before the effective date of
this Law are part of the approval decisions and written confirmations specified
in Clause 2 of this Article with respect to mineral mining projects upon
considering issuing the environmental license.
4. Environmental
certificates and conformations which were promulgated by competent authorities
before the effective date of this Law, except for the case in Point d Clause 2
Article 42 of this Law, may be used until their expiry.
5. Licenses to
discharge wastewater into water sources and licenses to discharge wastewater
into hydraulic structures issued in accordance with the Law on Water Resource
and Law on Irrigation may be used until their expiry and constitute part of the
environmental license specified in this Law. Holders of licenses to discharge
wastewater into water sources and licenses to discharge wastewater into
hydraulic structures are entitled to request a competent authority to issue the
environmental license if their works and equipment for exhaust gas treatment
and solid waste treatment have been completed as prescribed by this Law.
6. The Government
shall elaborate this Article.”.
Articles
10 and 11 of the Law No. 03/2022/QH15 on amendments to certain articles of the
Law on Public Investment, the Law on Public-Private Partnership Investment, the
Law on Investment, the Law on Housing, the Law on Bidding, the Law on
Electricity, the Law on Enterprises, the Law on Special Excise Duties and the
Law on Civil Judgment Enforcement, which has been effective since March 01,
2022, stipulate that:
“Article
10. Entry in force
This
Law comes into force as of March 01, 2022.
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1. Regarding public
projects of group B, group C using ODA funds and other preferential borrowings
from foreign sponsors that the Prime Minister approves the investment policy
before the date of entry into force of this Law and the case in clause 2 of
this Article, the agency or person accorded authority to make decisions on
investment policy specified in Article 1 of this Law is also accorded authority
to adjust the investment policy.
2. Regarding public
projects of group B, group C using ODA funds and other preferential borrowings
from foreign sponsors that complete procedures for preparation, appraisal and
obtain a written appraisal that forms the basis for decision on investment
policy or adjustment to investment policy as prescribed in Article 25 and
Article 34 of the Law on Public Investment No. 39/2019/QH14 amended by Law No.
64/2020/QH14 and Law No. 72/2020/QH14 before the date of entry into force of
this Law, they will continue to seek decision from the Prime Minister as per
the Law on Public Investment No. 39/2019/QH14 amended by Law No. 64/2020/QH14
and Law No. 72/2020/QH14.
3. From the date of
entry into force of this Law, with regard to valid applications for approval
for or adjustment to investment guidelines regarding investment projects on
construction of residential housing (for sale, lease or lease purchase) and
urban areas subject to approval for investment guidelines of the Prime Minister
as prescribed in Article 31 of the Law on Investment No. 61/2020/QH14, amended
by the Law No. 72/2020/QH14, now subject to approval for investment guidelines
of the People’s Committee of province as established in Article 3 of this Law,
if any application mentioned above has been received but the processing result
has not been received though the processing time goes beyond the time limit as
prescribed in the Law on Investment No. 61/2020/QH14, amended by the Law No.
72/2020/QH14, then further comply with the Law on Investment No. 61/2020/QH14,
amended by the Law No. 72/2020/QH14.
4. With regard to
valid applications for approval for investment guidelines and approval for
investor and adjustments to investment guidelines regarding investment projects
on commercial housing in case the investor has the right to use the residential
land or residential land and other types of land, if any application mentioned
above has been received before the date of entry into force of this Law but it
remains incompletely processed, then further comply with Article 4 of this Law
and relevant laws.
5. From the date of
entry into force of this Law, the judgment that remains unenforced or
incompletely enforced shall comply with this Law; decisions made of or actions
performed by civil enforcement agencies, executors in accordance with the Law
on civil enforcement No. 26/2008/QH12, amended by the Law No. 64/2014/QH13, the
Law No. 23/2018/QH14 and the Law No. 67/2020/QH14 remain valid and may proceed
further.”.
Articles 49 and 50 of the
Law on Cinematography No.05/2022/QH15, which has been effective since January
01, 2023, stipulate that:
“Article 49.
Entry into force
1. This Law comes into
force as of January 01, 2023.
2. 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 expire when this Law comes into
force.
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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.
Any license for
cooperation in film production or film production under joint venture or
provision of film production services to a foreign organization or individual
issued 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 shall remain
effective until its expiry.
2. In case a film has
been issued with the Film Dissemination License or Broadcast Decision but no
warning is provided and film rating has yet to be displayed to viewers
according to regulations stipulated by the Minister of Culture, Sports, and
Tourism of Vietnam, within 01 year from the effective date of this Law, provide
warning and display film rating to viewers if it continues to be disseminated.”.
Articles 156 and 157 of
Law on Insurance Business No. 08/2022/QH15, which has been effective since
January 01, 2023, stipulate that:
“Article 156.
Entry into force
1.
This Law is entering into force as from January 01, 2023, unless otherwise
prescribed in clause 2 of this Article.
2.
Clause 3 of Article 86; clause 4 and 5 of Article 94; Article 95; clause 3 and
4 of Article 99; Article 109, 110, 111, 112, 113, 114 and 116 herein shall take
effect as of January 01, 2028.
3. Law
on Insurance Business No. 24/2000/QH10 amended and supplemented according to
the Law No. 61/2010/QH12 and Law No. 42/2019/QH14 shall be expired after the
entry into force of this Law, except in the following cases:
a)
Clause 1 of Article 157 herein;
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Article
157. Transitional clauses
1.
Insurance contracts that have been entered into before the effective date of
this Law and remain valid can continue to apply in accordance with legislation
at the time of conclusion of insurance contracts, except when contracting
parties are agreed on amendments and supplements thereto to make them aligned
with this Law and apply regulations of this Law.
2.
Insurance agent practicing certificates issued before the entry into force of
this Law can continue to be used till end of December 31, 2025. Minister of
Finance shall impose detailed regulations on transformation from insurance
agent 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.
4. As
from January 01, 2023, insurance companies and branches of foreign non-life
insurance companies shall cease paying into the Fund for protection of insured
persons.
5.
Disposal and management of balance of the Fund for protection of insured
persons stipulated in Article 97 in the Law on Insurance Business No.
24/2000/QH10 amended and supplemented by the Law No. 61/2010/QH12 and the Law
No. 42/2019/QH14 shall be subject to the following regulations:
a)
All balance existing in the Fund for protection of insured persons shall be in
the custody of the Ministry of Finance to serve the purposes of protecting
insured persons' interests when insurance companies are declared insolvent or
bankrupt;
b) The Government
shall impose detailed regulations on management and use of balance of the Fund
for protection of insured persons.”.
Articles 3 and 4 of the
Law No. 09/2022/QH15 on Amendments to Some Articles of the Law on Radio
Frequencies, which has been effective since July 01, 2023, stipulate that:
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1. This Law comes into
force from July 01, 2023, except for the case specified in clause 2 of this
Article.
2. Regulations on
provision of training to radio operators and issuance of radio operator
certificates laid down in this Law come into force as of July 01, 2024.
Article 4.
Grandfather clauses
1. Any license to use
radio frequencies issued before the effective date of this Law may be used
until its expiry. Any radio operator certificate issued before July 01, 2024
may be used until its expiry.
2. Any holder of the
license to use frequency bands which is issued to establish public land mobile
communication network but expires before September 06, 2023 may have its
license extended as prescribed in Article 16 of the Law on Radio Frequencies
No. 42/2009/QH12 and points a, b and c clause 1 Article 22 of the Law on Radio
Frequencies No. 42/2009/QH12 amended by clause 9 Article 1 of this Law until
September 15, 2014 and is not required to pay the fee for processing of
application for the rights to use radio frequencies for the extension period.
3. Any holder of the
license to use frequency bands which is issued to establish public land mobile
communication network but expires before September 16, 2024 is not required to
pay the fee for processing of application for the rights to use radio
frequencies until the expiry date written on such license and shall not have
its license extended, except for the case specified in clause 2 of this
Article.
4. The Ministry of
Information and Communications 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. The provision of
training to radio operators and issuance of radio operator certificates shall
continue to be carried out under the Law on Radio Frequencies No. 42/2009/QH12
until June 30, 2024.”.
Articles 52 and 53 of the
Law on Electronic Transactions No. 20/2023/QH15, which comes into force from
July 01, 2024, stipulate that:
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1.
This Law comes into force from July 01, 2024.
2.
Law on Electronic Transactions No. 51/2005/QH11 shall be no longer valid from
the date on which this Law comes into force, except for the case specified in
Article 53 of this Law.
Article 53.
Transitional provisions
1. E-transactions
established before the effective date of this Law and not yet implemented by
the effective date of this Law shall continue to comply with the regulations of
the Law on Electronic Transactions No. 51/2005/QH11 and legislative documents
elaborating the Law on Electronic Transactions No. 51/2005/QH11, unless the
parties agree to apply the regulations of this Law.
2. Digital
certificates issued before the effective date of this Law and still valid on
the effective date of this Law shall continue to comply with the regulations of
the Law on Electronic Transactions No. 51/2005/QH11 and legislative documents
elaborating Law on Electronic Transactions No. 51/2005/QH11 until the expiry
dates of the digital certificates and have the same value as digital signature
certificates in accordance with this Law.
Licenses for provision
of public digital signature authentication services, licenses for using foreign
digital certificates in Vietnam, operation registration certificates of
special-use digital signature authentication service providers, certificates of
safety of special-use digital signatures issued before the effective date of
this Law and still in effect until the effective date of this Law, they may
continue to be used until the expiry dates of such licenses or certificates.
The issuance of
digital certificates under licenses and certificates specified in this Clause
shall comply with the regulations of Law on Electronic Transactions No.
51/2005/QH11 and legislative documents elaborating Law on Electronic
Transactions No. 51/2005/QH11.
4. For applications
for licenses for provision of public digital signature authentication services,
licenses for using foreign digital certificates in Vietnam, operation
registration certificates of special-use digital signature authentication
service providers, certificates of safety of special-use digital signatures
which have been submitted to competent regulatory agencies but have not been
granted by the effective date of this Law, the regulations of Law on Electronic
Transactions No. 51/2005/QH11 and legislative documents elaborating Law on
Electronic Transactions No. 51/2005/QH11 shall continue to apply.
5. Acknowledgements of
registration for provision of e-contract authentication services in commercial
transaction issued before the effective date of this Law shall continue to be
used until June 30, 2027.
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7. The Government
shall elaborate this Article.”.
[8] This point is
repealed by clause 4 Article 3 of the Law No. 03/2022/QH15 on amendments to
certain articles of the Law on Public Investment, the Law on Public-Private
Partnership Investment, the Law on Investment, the Law on Housing, the Law on
Bidding, the Law on Electricity, the Law on Enterprises, the Law on Special
Excise Duties and the Law on Civil Judgment Enforcement, which has been
effective since March 01, 2022.
[9] This clause ceases to have effect from
January 01, 2022 as prescribed in clause 3 Article 170 of the Law on
Environmental Protection No. 72/2020/QH14, which has been effective since
January 01, 2022.
[10] This business line is amended by Article
155 of Law on Insurance Business No. 08/2022/QH15, which has been effective
since January 01, 2023.
[11] This business line is added by Article 155
of Law on Insurance Business No. 08/2022/QH15, which has been effective since
January 01, 2023.
[12] This business line is amended by clause 1
Article 51 of Law on Electronic Transactions No.20/2023/QH15, which comes into
force from July 01, 2024.
[13] This business line is added by clause 5
Article 3 of the Law No. 03/2022/QH15 on amendments to certain articles of the
Law on Public Investment, the Law on Public-Private Partnership Investment, the
Law on Investment, the Law on Housing, the Law on Bidding, the Law on
Electricity, the Law on Enterprises, the Law on Special Excise Duties and the
Law on Civil Judgment Enforcement, which has been effective since March 01,
2022.
[14] This business line is amended by Article 48
of the Law on Cinematography No. 05/2022/QH15, which has been effective since
January 01, 2023.
[15] This business line is added by clause 1
Article 2 of the Law No. 09/2022/QH15 on Amendments to Some Articles of the Law
on Radio Frequencies, which has been effective since July 01, 2023.