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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 31/2021/ND-CP
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Hanoi, March 26, 2021
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DECREE
ELABORATION OF SOME ARTICLES OF
THE LAW ON INVESTMENT
Pursuant
to the Law on Government Organization dated June 19, 2015; Law on Amendments to
the Law on Government Organization and the Law on Local Government Organization
dated November 22, 2019;
Pursuant
to the Law on Investment dated June 17, 2020;
Pursuant
to the Law on Enterprises dated June 17, 2020;
At the
request of the Minister of Planning and Investment;
The
Government hereby promulgates a Decree to elaborate some articles of the Law on
Investment.
Chapter I
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Article 1. Scope and regulated entities
1. This
Decree elaborates and provides guidelines for some Articles of the Law on
Investment on investment conditions; business lines and conditions for market
access by foreign investors (hereinafter referred to as “market access”);
guarantees for business investment; investment incentives and assistance;
outward investment activities; investment promotion; state management of
investment in Vietnam and outward investment.
2.
Outward investment activities specified in Point d Clause 1 Article 52 of the
Law on Investment; outward investment in the petroleum field; procedures for
granting approval for investment guidelines by the National Assembly;
investment supervision and assessment are prescribed in separate Decrees of the
Government.
3. This
Decree applies to investors and competent authorities, organizations and
individuals that are relevant to business investment activities in Vietnam and
outward business investment activities.
Article 2. Definitions
For the
purposes of this Decree, the terms below are construed as follows:
1. “valid
copy” means a copy that is extracted from the master register or authenticated
by a competent authority (or from the national database for information about
population, enterprise registration and investment stored therein).
2.
“original dossier” means the dossier for following investment procedures
specified in Clause 7 of this Article, which consists of original documents or
valid copies, except documents in foreign languages and Vietnamese translations
thereof.
3.
“National Investment Portal” is part of the National Investment Information
System and used for following procedures for issuance and revision of
investment registration certificates and outward investment registration
certificates; posting and updating legislative documents policies and market
access conditions; update and access of information about investment promotion,
foreign investment in Vietnam, outward investment, development of industrial
zones, economic zones, and state management of investment activities.
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5.
“investment-related international treaty” means an international treaty to
which the State or the Government of the Socialist Republic of Vietnam is a
signatory and which specifies the rights and obligations of the State or the
Government of the Socialist Republic of Vietnam to investment activities of
investors in the member countries or territories (hereinafter referred to as
“countries”) of the treaty. Investment-related international treaties include:
a)
Bilateral and multilateral agreements in investment protection and
encouragement;
b) Free
Trade Agreements and other Regional Economic Integration Agreements;
c)
Protocol of Accession of Vietnam to WTO signed on November 07, 2006;
d) Other
International Agreements that specify the rights and obligations of the State
or the Government of the Socialist Republic of Vietnam to investment
activities.
6. “valid
application” means an application that that contains all the documents with
adequate information prescribed by the Law on Investment, this Decree.
7.
“investment documents” are documents prepared by the investor or a competent
authority for follow procedures for issuance, revision of the decision on
approval for investment guidelines, Certificate of Investment Registration,
Certificate of Registration of Outward Investment and relevant procedures for
investment activities prescribed by the Law on Investment and this Decree.
8. “other
areas that affect defense and security” are areas determined according to
regulations of law on defense and security, including:
a) Areas
with defense and security-related works, military areas, restricted areas,
protected areas, safety corridor of defense works and military areas prescribed
by regulations of law on protection of defense works and military areas;
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c)
Important works relevant to national security and protection corridors thereof
prescribed by regulations of law on protection of important works relevant to
national security;
d)
Military - economic zones prescribed by regulations of the Government on
combination of socio-economic and military operations;
dd) Areas
with military defense value under decisions of the Prime Minister on approval
for the master plan for combination of socio-economic development and defense;
e) Areas
where foreign organizations and individuals are not permitted to own houses of
assurance of defense and security as prescribed by housing laws.
9. “the
Law on Enterprises” means Law No. 59/2020/QH14 ratified by the 14th
National Assembly of the Socialist Republic of Vietnam during its 9th
session on June 17, 2020.
10. “the
2014’s Law on Enterprises” means Law No. 68/2014/QH13 ratified by the 13th
National Assembly of the Socialist Republic of Vietnam during its 8th
session on November 26, 2014.
11. “the
Law on Investment” means Law No. 61/2020/QH14 ratified by the 14th
National Assembly of the Socialist Republic of Vietnam during its 9th
session on June 17, 2020.
12. “the
2014’s Law on Investment” means Law No. 67/2014/QH13 ratified by the 13th
National Assembly of the Socialist Republic of Vietnam during its 8th
session on November 26, 2014, some Articles of which have been amended by Law
No. 90/2015/QH13, Law No. 03/2016/QH14, Law No. 04/2017/QH14, Law No.
28/2018/QH14 and Law No. 42/2019/QH14.
13.
“business lines without market-access commitment of Vietnam” are business lines
that, under investment-related international treaties, Vietnam does not have
any commitment or reserve the right to impose measures against market access
obligations, national treatment or other obligations on non-discriminatory
treatment between domestic investors and foreign investors
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15.
“documents about the investor’s legal status” are valid copies of the
individual’s identity document or documents certifying the establishment and
operation of a business organization, including:
a)
Personal identification number of a Vietnamese citizen or valid copies of one
of the following documents: unexpired ID card, passport, other identify
documents of the individual;
b) Valid
copies of the following documents: Certificate of Enterprise Registration,
Certificate of Establishment, Establishment Decision or other documents with
equal legal value of the organization.
16.
“rural areas” are administrative divisions other than urban wards, cities and
urban districts.
Article 3. State’s guarantee to execute investment projects
1.
Depending on the socio-economic conditions and demands for investment
attraction in each period, the Prime Minister shall consider and decide to
apply forms and contents of guarantee of the State to execute investment
projects subject to approval for their investment guidelines by the National
Assembly and the Prime Minister, and other important investment projects on
infrastructural development at the request of Ministries, ministerial agencies,
People’s Committees of provinces and central-affiliated cities (hereinafter
referred to as “provincial People’s Committees”).
2. The
State’s guarantee to execute investment projects as prescribed in Clause 1 of
this Article may be considered to be applied in the following forms:
a)
Providing partial assistance in foreign currency balancing according to the
foreign exchange management policy and within the capacity for foreign currency
balancing from time to time;
b) Other
forms of the State’s guarantee decided by the Prime Minister.
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Article 4. Guarantee for investment incentives upon changes
of law
1. In
case revisions to existing legislative documents lead to changes to investment
incentives being applied to certain investors before the effective date of the
revisions, these investors will have the investment incentives guaranteed in
accordance with Article 13 of the Law on Investment.
2.
Investment incentives mentioned in Clause 1 of this Article include:
a)
Investment incentives specified in the investment license, business license,
certificate of investment incentives, investment certificate, investment
registration certificate, decision on investment guidelines, decision on
approval for investment guidelines or other documents issued and applied by
competent persons or competent authorities as prescribed by law;
b)
Investment incentives to which the investor is entitled as prescribed by law
other than those specified in Point a of this Clause.
3. In
case implementation of investment guarantee measures is needed as prescribed in
Clause 4 Article 13 of the Law on Investment, the investor shall send a
written request to the investment registration authority together with one of
the following documents: investment license, business license, certificate of
investment incentives, investment certificate, investment registration
certificate, decision on investment guidelines, decision on approval for
investment guidelines or another document issued by a competent authority or
competent person which specifies the investment incentives (if any). The
written request shall have the following information:
a) The
investor’s name and address;
b) The
investment incentives prescribed by the legislative document before it is
revised, including: types of incentives, eligibility for incentives, level of
incentive (if any);
c) The
new or revising legislative document that contains changes to the investment
incentives being applied to the investor as mentioned in Point b of this
Clause;
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4. The investment
registration authority shall consider implementing investment guarantee
measures as requested by the investor within 30 days from the receipt of the
valid application prescribed in Clause 3 of this Article. If the request is
beyond the investment registration authority’s jurisdiction, it shall request a
competent authority to consider.
Article 5. Language in investment documents
1.
Investment documents, documents and reports submitted to competent authorities
shall be written in Vietnamese.
2.
Investment documents in foreign languages shall be enclosed with their
Vietnamese translations by the investors.
3. For
investment documents that are available in both Vietnamese and foreign
language, the Vietnamese documents shall be used for following investment
procedures.
4.
Investors are responsible for discrepancies between the translation, the copies
and the original document.
Article 6. Receipt of applications and handling of
investment procedures
1. The receipt of
applications and handling of procedures related to investment activities by
investors shall be carried out as follows:
a) Every
investor shall take legal responsibility for the legitimacy, accuracy and
truthfulness of their application and documents submitted to competent
authorities;
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c) When
an application needs to be supplemented, the receiving authority shall send a
written notification of necessary supplementations to the investor. The
notification must specify the bases, supplementations and deadline for
supplementation. The investor has the responsibility to supplement the
application by the deadline specified in the notification. If the investor fail
to supplement the application by the deadline, the Ministry of Planning and
Investment and investment registration authority shall consider suspend the
application processing and notify the investor in writing;
d) When
requiring the investor to provide explanation for contents of the application,
the Ministry of Planning and Investment and investment registration authority
shall send the investor a notification specifying the deadline for explanation.
If the investor fails to provide explanation upon request, the Ministry of
Planning and Investment and investment registration authority shall send a
notification of suspension of application processing to the investor;
dd) The
time spent on supplementation or explanation specified in Points c and d of
this Clause and duration of imposition of penalties for administrative
violations against regulations on investment (if any) shall not be included in
the procedure-handling time in accordance with the Law on Investment and this
Decree.
e) In
case of refusal to issue or adjust the decision on approval for investment
guidelines, decision on investor approval, investment registration certificate,
outward investment registration certificate and other administrative documents
on investment prescribed in the Law on Investment and this Decree, the Ministry
of Planning and Investment and investment registration authority shall send the
investor a notification specifying the reason therefor.
2. The
collection of regulatory authorities’ opinions during the application
processing shall be carried out as follows:
a) The
enquiring authority shall determine whether contents about which opinions are
collected are suitable for functions and duties of the enquired authorities and
determine the deadline for giving response in accordance with regulations of
the Law on Investment and this Decree;
b) The
enquired authorities shall give response by the deadline specified in Point a
of this Clause and take responsibility for their opinions within their
functions and duties; if an authority fails to give any opinion by the
aforementioned deadline, it is considered that it concurs with the contents
under its management.
3.
Competent authorities and persons shall only take responsibility for the
contents assigned to approve, appraise or handle as prescribed in the Law on
Investment and this Decree; shall not take responsibility for the contents
previously approved, appraised or handled by other competent authorities and
persons.
4. The
Ministry of Planning and Investment, investment registration authorities and
other regulatory authorities shall not settle disputes between investors and
between investors and concerned organizations and individuals during the
process of carrying investment activities.
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Article 7. Handling forged documents
1. If a
competent authority or competent person determines that there is forged content
of the investment documents, the investment registration authority shall:
a) notify
the investor of the violation;
b)
invalidate or request the competent authority or competent person to consider
invalidating the decision on approval for investment guidelines, decision on
investor approval, investment registration certificate, outward investment
registration certificate and other relevant documents (hereinafter referred to
as “documents”) issued for the first time or invalidate the documents which are
based on the forged information;
c)
restore the original documents issued based on the latest valid application,
handle the violation or report to a competent authority or authorized person to
do so as prescribed by law.
2. The
investor is legally liable for any damage caused by forging contents of
documents.
Article 8. Responsibility to publish and provide
information about investment projects
1.
Investment registration authorities, planning, resources, environment and
construction authorities, and other regulatory bodies shall make publicly
available the planning and list of investment projects in accordance with law.
2. Where
an investor requests information about the planning or list of investment
project and other information related to investment projects, the authorities
mentioned in Clause 1 of this Article shall provide information within their
competence for such investor within 05 working days from the receipt of the
investor’s request.
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Article 9. Mechanisms for resolving difficulties facing investors
and preventing disputes between the State and investors
1. During the process of
carrying out business investment activities, investors are entitled to report
difficulties and propositions related to the application and implementation of
laws to competent authorities.
2.
Competent authorities shall resolve difficulties and propositions of investors
as prescribed by law.
3.
Investors are entitled to file complaints, denunciations and lawsuits in
accordance with regulations of law on denunciation and complaints; file
administrative lawsuits in accordance with regulations of law on administrative
procedures if there are grounds for presuming that the administrative decision
or administrative act is unlawful and infringes upon their legitimate rights and
interests.
4. If a
difficulty, proposition, complaint, denunciation or lawsuit may potentially
lead to an international investment dispute, the competent authority shall
promptly notify the Ministry of Planning and Investment, the Ministry of
Justice and the Ministry of Foreign Affairs in writing for cooperation in
settling and preventing the dispute.
5. If an
international investment dispute arises, the cooperation in settling the
dispute shall comply with the Prime Minister's Decision on regulations on
cooperation in settling international investment disputes.
6. The
Ministry of Planning and Investment shall provide guidelines for implementation
of regulations on processing and updating information on and reporting of
difficulties and propositions as prescribed in Clause 1 of this Article.
Chapter II
BUSINESS LINES
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Article 10. Banned business lines
1.
Investors must not invest in the business lines specified in Article 6 of the
Law on Investment.
2. The
manufacture, use of products specified in Point a, b, c Clause 1 Article 6 of
the Law on Investment in analysis, testing, scientific research, healthcare,
pharmaceutical production, criminal investigation, defense and security shall
comply with the following regulations:
a) Narcotic substances
permitted for production by competent authorities in accordance with
regulations on the Government on the List of narcotic substances and
precursors, the Single Convention on Narcotic Drugs of 1961, and the United
Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances of 1988;
b) Banned
chemicals and minerals specified in the Law on Investment that are permitted
for production and use according to regulations of the Government on management
of controlled chemicals under Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on their Destruction
and documents providing guidance on implementation of the Rotterdam Convention
on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and
Pesticides in International Trade;
c)
Samples of wild flora and fauna that are banned according to the Law on
Investment and are permitted for use according to regulations of the Government
on management of endangered, precious and rare species of forest flora and
fauna and the Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES).
3. The review, proposal of
revisions and evaluation of implementation of regulations on banned business
lines specified in Article 6 of the Law on Investment shall follow
corresponding procedures for conditional business lines specified in Article 13
and Article 14 of this Decree.
Article 11. Conditional business lines and business
investment conditions
1.
Investors may invest in conditional business lines specified in Appendix IV of
the Law on Investment as soon as the conditions are fulfilled and fulfillment
of such conditions must be maintained throughout the business operation.
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Article 12. Review, gathering and publishing of business
investment conditions
1. The
Ministry of Planning and Investment shall preside over and cooperate with other
Ministries and ministerial agencies in reviewing and gathering business investment
conditions for publishing thereof on the National Business Registration Portal.
2.
Business investment conditions published as prescribed in Clause 1 of this
Article include:
a)
Conditional business lines specified in the Appendix IV of the Law on
Investment;
b) Bases
for application of the business investment conditions to the business lines
specified in Point a of this Clause;
c) Conditions that must be satisfied by individuals and business organizations to carry out business investment
activities as prescribed in Clause 2 Article 11 hereof.
3. If business investment
conditions are changed according to a Law, Resolution of the National Assembly,
Ordinance, Resolution of the Standing Committee of National Assembly,
Government's Decree or international investment-related treaty, they shall be
updated as follows:
a) Within
05 working days from the day on which the Law, Ordinance or Decree is
promulgated or international investment-related treaty is signed, the relevant
Ministry or ministerial agency shall send a written request for updating of
business investment conditions on the National Enterprise Registration Portal
to the Ministry of Planning and Investment;
b) Within
03 working days from the day on which the aforementioned request is received,
the Ministry of Planning and Investment shall update the business investment
conditions or changes to business investment conditions on the National
Enterprise Registration Portal.
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1.
Depending on the socio-economic conditions and state management requirements
from time to time and international investment-related treaties, Ministries and
ministerial agencies shall submit proposals for amendment and addition
of conditional business lines or business investment conditions to the
Government.
2. The
proposal for amendment and addition of conditional business lines or business
investment conditions shall be included in the request for promulgation of
legislative documents in accordance with regulations of the Law on Promulgation
of Legislative Documents and contain the following:
a)
Conditional business lines or business investment conditions to be amended or
added;
b)
Necessity and purpose of the amendment or addition of conditional business
lines or business investment conditions according to regulations of Clause 1
Article 7 of the Law on Investment;
c) Basis
for the amendment or addition of conditional business lines or business
investment conditions and subjects of such conditions;
d) The
rationality and feasibility of the amendment or addition of conditional
business lines or business investment conditions and conformity with
international investment-related treaties;
dd)
Assessment of impacts of the amendment or addition of conditional business
lines or business investment conditions on the state management and business
investment activities by the subjects of such conditions.
Article 14. Review and assessment of implementation of
regulations on conditional business lines
1.
Annually and upon request, Ministries and ministerial agencies shall review and
assess the implementation of regulations on conditional business lines and
business investment conditions under their management.
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a)
Assessment of the implementation of regulations of law on to conditional
business lines and business investment conditions under their management at the
time of review and assessment;
b)
Assessment of effectiveness of regulations on conditional business lines and
investment conditions; difficulties that arise during the course of
implementation;
c)
Assessment of the socio-economic changes, technological changes, management
requirements, and other conditions that affect the implementation of regulations
on conditional business lines and business investment conditions (if any);
d)
Proposal for amendments to regulations on conditional business lines and
business investment conditions (if any);
3.
Ministries and ministerial agencies shall send their proposals according to the
contents mentioned in Clause 2 of this Article to the Ministry of Planning and
Investment for consolidation and reporting to the Prime Minister.
Section 2. BUSINESS LINES WITH PROHIBITED AND RESTRICTED
MARKET ACCESS AND MARKET ACCESS CONDITIONS APPLIED TO FOREIGN INVESTORS
Article 15. Business lines with prohibited and restricted
market access
1. Business lines with
prohibited and restricted market access and the restrictions are specified in
the Laws and Resolutions of the National Assembly, Ordinances and Resolutions
of Standing committee of the National Assembly, Decrees of the Government and
investment-related international treaties. The list of business lines with
prohibited and restricted market access (Negative List for Market Access) is
provided in Appendix I hereof.
2. Market
access conditions shall be applied in the manners specified in Clause 3 Article
9 of the Law on Investment, published and updated in accordance with Article 18
of this Decree.
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a) Use of
land, employ workers; natural resources, minerals;
b)
Manufacture, supply of public services, goods or goods and services under state
monopoly;
c)
Ownership, trade of housing, real estate;
d)
Application of assistances, aids of the State in certain industries, sectors or
geographical areas;
dd)
Participation in state-owned enterprise equitization programs or plans;
e) Other
conditions specified in the Laws and Resolutions of the National Assembly,
Ordinances and Resolutions of Standing committee of the National Assembly,
Decrees of the Government and investment-related international treaties that
prohibit or restrict market access by foreign-invested business organizations.
Article 16. Entities applying the Negative List for Market
Access
1. The Negative List for
Market Access applies to:
a) The
foreign investors specified in Clause 19 Article 3 of the Law on Investment;
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(The
entities specified in Points a and b of this Clause are below collectively
referred to as foreign investors, unless otherwise prescribed by this Decree).
2. With regard to the
business investment activities carried out in Vietnam, an investor holding both
Vietnamese and foreign nationality may decide whether to apply market access
conditions and investment procedures applied to domestic investors or foreign
investors. If market access conditions and investment procedures applied to
domestic investors are selected, the investor holding both Vietnamese and
foreign nationality are not allowed to exercise the rights and obligations of a
foreign investor.
Article 17. Rules for application of market access
restrictions
1. Except
the business lines on the Negative List for Market Access in Appendix I hereof,
foreign investors have the same market access as that of domestic investors.
2.
Foreign investors must not invest in the prohibited business lines specified in
Section A of Appendix I hereof.
3. For
restricted business lines specified in Section B of Appendix I hereof, foreign
investors shall fulfill the conditions that are published in accordance with
Article 18 hereof.
4.
Conditions for market access by foreign investors in business lines without
market-access commitment of Vietnam shall be applied as follows:
a) In
case the Laws and Resolutions of the National Assembly, Ordinances and
Resolutions of Standing committee of the National Assembly, Decrees of the
Government (hereinafter referred to as “the law of Vietnam”) do not restrict
market access in those business lines, foreign investors have the same market
access as that of Vietnamese investors;
b) In
case the law of Vietnam has restrictions on market access by foreign investors
in those business lines, the law of Vietnam shall apply.
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a) Foreign investors to whom the conditions for market access
mentioned in Clause 4 of this Article have been applied before the new
legislative document takes effect make carry on their investment activities
under the said conditions. In case of establishment of a new business
organization, execution of a new investment project, receipt of an investment
project, purchase of stakes/shares of another business organization under a
contract, or change to the objectives or business lines that is subject to
fulfillment of market access conditions prescribed by the new legislative
documents, such conditions must be fulfilled. In this case, the competent
authority shall not reconsider the conditions for market access in the business
lines that has been granted to the investor previously;
b) Foreign investors that carry out investment activities
after the effective date of the new legislative document shall fulfill the
market access conditions prescribed by such document.
6. A
foreign investor that carries out investment activities in different business
lines specified in Appendix I hereof shall fulfill all market access conditions
applied to those business lines.
7.
Foreign investors from countries that are not WTO members shall apply the same
conditions for market access by investors from countries that are WTO members,
unless otherwise prescribed by the law of Vietnam or international treaties
between Vietnam and those countries.
8.
Foreign investors that are regulated by an investment-related international
treaty which prescribes more favorable conditions for market access than those
prescribed by the law of Vietnam, the former may be applied.
9. A
foreign investor that is regulated by investment-related international treaties
which prescribe different market access conditions may apply the conditions
prescribed by any of those treaties to all of the investor’s business lines.
Once the conditions prescribed by one of the international treaties have been
chosen (including new treaties and treaties that are revised after their
effective dates which include the investor in their regulated entities), the
foreign investor shall perform their rights and obligations in accordance with
the chosen treaty.
10.
Restrictions on holdings of foreign investors prescribed by investment-related
international treaties:
a) In case multiple foreign investors contribute capital to,
purchase shares or stakes in a business organization that is regulated by one
or some investment-related international treaties, the total holdings of the
foreign investors in the business organization must not exceed the highest
limit imposed by one of those international treaties on holdings of foreign
investors in a specific business line;
b) In
case multiple foreign investors from the same country contribute capital to,
purchase shares or stakes in a business organization, the total holdings of
these investors must not exceed the limit prescribed by the international
treaty applied to these investors;
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d) In
case a business organization has multiple business lines that are regulated by
investment-related international treaties that provide for foreign investors’
holdings differently, the foreign investors’ holdings in such business organization
must not exceed the limit on foreign investors' holding in the business line
with the lowest limit.
Article 18. Publishing and updating of market access
conditions applied to foreign investors
1. The
Ministry of Planning and Investment shall preside over and cooperate with other
Ministries and ministerial agencies in reviewing and gathering market access
conditions applied to foreign investors regarding the business lines specified
in the Appendix I hereof in order to publish them on the National Investment
Portal.
2. The
contents to be published as prescribed in Clause 1 of this Article include:
a) The
business lines on the Negative List for Market Access specified in the Appendix
I hereof.
b) The
basis for applying market access conditions applied to foreign investors
specified in Clause 1 Article 15 hereof;
c) The
market access conditions applied to foreign investors specified in Clause 3
Article 9 of the Law on Investment;
3. If a
Law/Resolution of the National Assembly, Law/Ordinance/Resolution of the
Standing Committee of the National Assembly, Government’s Decree and
international investment-related treaty provides for market access conditions
applied to foreign investors but such conditions have yet to be updated on the
Negative List for Market Access, and the published contents in Clause 2 of this
Article, regulations laid down in such Law, Resolution, Ordinance and Decree
shall apply. The published contents specified in Clause 2 of this Article
shall be updated as prescribed in Clause 3 Article 12 of this Decree.
4. The review, gathering,
publishing, proposal for amendment and addition, and assessment of
implementation of the Negative List for Market Access shall be carried out as
the List of conditional business line specified in Articles 12, 13 and 14
hereof.
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INVESTMENT INCENTIVES AND ASSISTANCE
Article 19. Objects eligible for investment incentives
Objects
eligible for investment incentives specified in Clause 2 Article 15 of the Law
on Investment include:
1.
Investment projects in business lines eligible for investment incentives or
business lines eligible for special investment incentives specified in Appendix
II hereof.
2.
Investment projects located in disadvantaged or extremely disadvantaged areas
specified in the Appendix III hereof.
3. Any
investment project whose capital is at least VND 6,000 billion eligible for
investment incentives as prescribed in Point c Clause 2 Article 15 of the Law
on Investment if the following conditions are met:
a) At
least VND 6,000 billion is disbursed within 03 years from the issuance date of
the investment registration certificate or the decision on approval for both
investment guidelines and investor (for the project not required to obtain the
investment registration certificate) or the decision on investor approval (for
the project not required to obtain the investment registration certificate);
b) 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 an annual average number
of at least 3,000 employees in accordance with regulations of law on labor 03
years within 03 years from the year in which the revenue is earned;
4. The
investment projects eligible for investment incentives specified in Point d
Clause 2 Article 15 of the Law on Investment include:
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b)
Investment projects located in rural areas and employing at least 500 employees
per year in accordance with regulations of law on labor (excluding employees
who work on a part-time basis and employees who sign employment contracts with
a fixed term of under 12 months);
c) Investment projects employing persons with disabilities
accounting for at least 30% of the annual average number of employees in
accordance with regulations of law on persons with disabilities and on labor.
5.
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; science and
technology enterprise incubators; enterprises manufacturing and providing
technologies, equipment, products and services with a view to satisfaction of
environment protection requirements which are eligible for investment
incentives as prescribed in Point dd Clause 2 Article 15 of the Law on
Investment are enterprises, organizations, facilities and investment projects
that satisfy the conditions prescribed by the law on science and technology;
high technology; technology transfer; environmental protection.
6.
Objects eligible for investment incentives specified in Point e Clause 2
Article 15 of the Law on Investment include:
a) The
National Innovation Center established under the Prime Minister's decision;
b) Other
innovation centers established by agencies, organizations and individuals so as
to assist in executing start-up projects, establishing startups and promoting
innovation, research and development in the centers which satisfy the
conditions set forth in Clause 7 of this Article;
c)
Start-up projects specified in Clause 8 of this Article;
d)
Projects on establishment of research and development centers.
7. An
innovation center specified in Point b Clause 6 of this Article will be
eligible for investment incentives if it:
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b) has
several technical infrastructure items to serve the support, development and
connection of the startup ecosystem, including laboratories, trial production
and technology commercialization laboratories assisting enterprises in
development of sample products; has infrastructure serving technical equipment
installation to ensure one or more activities for enterprises to design, test,
measure, analyze, inspect and test products, goods and materials; has
information technology infrastructure assisting enterprises and space for
organizing events, exhibiting and demonstrating start-up technologies and
products;
c) has managerial professionals to provide assistance,
development and connection services for
enterprises operating in the center; has a network of experts and providers of assistance, development and connection services.
8. The
start-up project specified in Point c Clause 6 of this Article is one of the
following projects:
a)
Projects on manufacturing of products created from inventions, utility
solutions, industrial designs, semiconductor integrated circuits
layout-designs, computer software, applications on mobile phones, cloud
computing; production of new livestock breed or line, new plant varieties, new
aquatic breeds, new forest tree cultivars; technological advances which have
been granted protection certificates in accordance with regulations of law on
intellectual property or copyrights or international registration certificates
in accordance with regulations of international treaties to which Vietnam is a
signatory or recognized by competent authorities;
b)
Projects on manufacturing of products obtained from projects on trial
production, sample products and technology completion; manufacturing of
products given awards at start-up competitions, national start-up competitions,
scientific and technological awards in accordance with regulations of law on
scientific and technological awards;
c)
Projects of enterprises operating in innovation centers and research and
development centers;
d)
Projects on manufacturing of culture industry products formed from copyrights
or copyright-related rights that have been granted protection certificates in
accordance with regulations of law on intellectual property or international
registration certificates in accordance with regulations of international
treaties to which Vietnam is a signatory.
9. Small and
medium-sized enterprises’ product distribution chain eligible for investment
incentives as specified in Point g Clause 2 Article 15 of the Law on Investment
means a network of intermediaries that distribute products of such small and
medium-sized enterprises (SMEs) to consumers and meet the following conditions:
a) At
least 80% of enterprises joining the chain are small and medium-sized
enterprises;
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c) At
least 50% of revenue of the chain are generated by SEMS joining the chain.
10. SME
incubators; technical establishments supporting SMEs; co-working spaces
supporting start-up SMEs eligible for investment incentives as specified in
Point g Clause 2 Article 15 of the Law on Investment are those established in
accordance with regulations of law on provision of assistance for SMEs.
Article 20. Rules for applying investment incentives:
1. The
investment projects specified in Clause 3 Article 19 hereof are eligible for
the same investment incentives as prescribed for investment projects in
extremely disadvantaged areas.
2. The
investment projects located in rural areas employing at least 500 employees and
projects employing persons with disabilities specified in Points b and c Clause
4 Article 19 hereof are eligible for the same investment incentives as
prescribed for investment projects in disadvantaged areas.
3.
Investment projects in business lines eligible for investment incentives in
disadvantaged areas are eligible for the same investment incentives as
prescribed for investment projects in extremely disadvantaged areas.
4. The
specific investment incentives for the investment projects mentioned in Clauses
1, 2 and 3 of this Article shall be applied in accordance with regulations of
law on tax, accounting and land.
5.
Regarding an investment project that is eligible for various levels of
investment incentive at the same time, the highest level shall apply.
6.
Special investment incentives and assistance for the investment projects
prescribed in Clause 2 Article 20 of the Law on Investment shall be applied as
follows:
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b)
Special investment incentives and assistance shall be applied to the National
Innovation Center established under the Prime Minister's decision and its
affiliates located outside its headquarters;
c) Any
investor submitting a proposal for application of special investment incentives
must undertake to satisfy the conditions concerning business lines in which
such investor invests, registered total investment capital and duration of
disbursement as specified in Points a and b Clause 2 Article 20 of the Law on
Investment and other conditions written on the investment registration
certificate, decision on approval for investment guidelines or written
agreement with a competent authority under the Prime Minister’s Decision;
d) The
Prime Minister shall decide on level and duration of application of special
investment incentives according to the criteria concerning high technology,
technology transfer and Vietnamese enterprises joining domestic production
chain and value for the investment projects in Clause 2 Article 20 of the Law
on Investment.
7.
Investment incentives shall be applied as follows in the case of full division,
partial division, consolidation, merger and conversion of type of a business
organization (hereinafter referred to as “business organization
re-organization”); full division, partial division, merger and transfer of an
investment project:
a) Any
business organization which is formed on the basis that it is re-organized or
the investment project is transferred to the investor is entitled to inherit
the investment incentives (if any) to which the investment project is entitled
before the re-organization or transfer if it still satisfies the conditions for
investment incentives;
b) Any
investment project which is formed on the basis of its full division or partial
division and satisfies the conditions for receiving investment incentives is
entitled to such investment incentives for the remaining incentive period
before the full division or partial division;
c) Any
investment project which is formed on the basis of project merger shall
continue to be entitled to the investment incentives according to the
conditions for investment incentives applied to each project before the merger
if it still satisfies such conditions. If the merged project satisfies
conditions for different investment incentives, the investor is entitled to
such investment incentives according to each different condition for the
remaining incentive period.
8. If an
industrial park or export-processing zone has been established under the
Government's regulations and its removal from the planning or repurposing is
approved by a competent authority or the project on investment in construction
and commercial operation of infrastructure of the industrial park or
export-processing zone is terminated in accordance with regulations of law on
investment, the investment projects executed in such industrial park or
export-processing zone shall continue to be entitled to the investment
incentives in accordance with the regulations set forth in the investment
license, business license, investment incentive certificate, investment
certificate, investment registration certificate, decision on investment
guidelines, decision on approval for investment guidelines or another document
of the competent authority providing for investment guidelines (if one of the
said documents is available) or in accordance with regulations of law in effect
at the time of investment in the industrial park or export-processing zone (if
the said documents are not available).
Article 21. Determination of areas eligible for investment
incentives in case of change of administrative divisions
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a) The newly established administrative division shall be
considered as an area eligible for investment incentives enjoyed by the
majority of commune-level administrative
divisions;
b) If the
number of commune-level administrative divisions in a disadvantaged area equals
that in an extremely disadvantaged area, the newly established administrative
division shall be considered as an extremely disadvantaged area;
c) If the
number of commune-level administrative divisions in a disadvantaged area equals
that in an area not affiliated to the area eligible for investment incentives,
the newly established administrative division shall be considered as a
disadvantaged area;
d) If the
number of commune-level administrative divisions in an extremely disadvantaged
area equals that in an area not affiliated to the area eligible for investment
incentives, the newly established administrative division shall be considered
as an extremely disadvantaged area.
2. Upon adjusting an
administrative division, the adjusted commune-level administrative division is
entitled to the investment incentives applied to the district-level
administrative division to which it belongs.
Article 22. Adjustment of investment incentives
1. An
investment project which is entitled to investment incentives and satisfies
conditions for receiving investment incentives at a higher level or additional
investment incentives in the new form of incentive shall be entitled to the
investment incentives at the higher level or additional investment incentives
in the new form of incentive for the remaining incentive period.
2. The
investor shall not be entitled to the incentives written on the investment
registration certificate or decision on approval for investment guidelines or
the incentives determined by the investor itself if the investment project
fails to satisfy the conditions for investment incentives specified in the
investment registration certificate, decision on approval for investment
guidelines, decision on approval for both investment guidelines and investor or
decision on investor approval or fails to satisfy the conditions for investment
incentives determined by the investor itself. If the investment project
satisfies the conditions for other investment incentives, the investor is
entitled to the investment incentives according to such conditions.
3. During
the period of entitlement to incentives, the investor whose investment project
fails to satisfy conditions for investment incentives for a certain period
shall not be entitled to such investment incentives for such period of failure
to satisfy the conditions for investment incentives.
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1. The decision on approval
for investment guidelines, investment registration certificate and decision on
investor approval shall provide for the forms, bases and conditions for
application of investment incentives as prescribed in Articles 15 and 16 of the
Law on Investment and Article 19 hereof.
2.
According to the investment incentives specified in the decision on approval
for investment guidelines, investment registration certificate or decision on
investor approval, the investor shall follow receiving investment incentives at
incentive-applying authorities corresponding to each type of incentive.
3. The
bases for application of investment incentives to several enterprises and
investment projects specified in Clause 5 Article 19 hereof include:
a) The
certificate of science and technology enterprise, regarding a science and
technology enterprise;
b) The
certificate of hi-tech agricultural enterprise, regarding a hi-tech
agricultural enterprise;
c) The
certificate of hi-tech project, regarding a hi-tech project;
d) The
incentive certificate of manufacture of supporting industry products, regarding
a supporting industry project;
dd) The
certificate of transfer of technology the transfer of which is encouraged under
the Prime Minister’s regulations, regarding a project involving transfer of
technology on the List of technologies the transfer of which is encouraged.
4.
Investors in projects other than those specified in Clauses 2 and 3 of this
Article shall determine their investment incentives and follow procedures for
receiving investment incentives at incentive-applying authorities corresponding
to each type of incentive according to the objects entitled to investment incentives
in Article 19 of this Decree and relevant regulations of law.
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1.
Depending on the socio-economic conditions, demands for investment attraction
from time to time and at the request of Ministries and ministerial agencies,
provincial People’s Committees and the Ministry of Planning and Investment
shall submit amendments and additions to the List of business line eligible for
investment incentives and list of areas eligible for investment incentives as
prescribed in this Decree.
2.
Ministries, ministerial agencies, People's Councils and People's Committees at
all levels shall not promulgate investment incentive and assistance policies
against the regulations laid down in the Law on Investment, this Decree, laws
on tax, budget and land and relevant regulations of law.
Chapter IV
EXECUTION OF INVESTMENT PROJECTS
Section 1. GENERAL REGULATIONS ON EXECUTION OF INVESTMENT
PROJECTS
Article 25. Guarantee for execution of investment projects
by investors
1. Except
for the cases in Points a, b, c and d Clause 1 Article 43 of the Law on
Investment, the investor must pay a deposit or have a guarantee of a credit
institution or foreign branch bank established under Vietnam’s law (hereinafter
referred to as “the credit institution”) for execution of the investment
project which uses land allocated or leased out by the State or is permitted by
the State to repurpose land.
2. In
case of issuing a guarantee, the credit institution shall pay the deposit
payable by the investor in the case specified in Clause 10 Article 26 hereof.
3. The
contract of guarantee for deposit payment obligation between the credit
institution and the investor shall be signed and executed pursuant to
regulations of law on civil matters, credit, bank guarantee and relevant
regulations of law.
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1. The obligation to
guarantee investment project execution specified in Clause 1 Article 25 hereof
shall be fulfilled on the basis of a written agreement between the investment
registration authority and the investor. The project execution guarantee
agreement shall contain at least:
a) The
investment project’s name, objectives, location, scale, investment capital,
progress and duration specified in the decision on approval for investment
guidelines, decision on approval for both investment guidelines and investor or
investment registration certificate;
b)
Measures for guaranteeing investment project execution (deposit payment or
guarantee for deposit payment obligation specified in Clause 1 Article 25
hereof);
c) The
amount of guarantee for project execution (hereinafter referred to as “the
guarantee amount”) determined as specified in Clauses 2, 3 and 4 of this
Article;
d) Time
and duration of guaranteeing project execution specified in Clauses 5, 6 and 7
of this Article;
dd)
Conditions for refund and adjustment of guarantee amounts, and termination of
obligation to guarantee project execution specified in Clause 9 of this
Article;
e) Handling measures in the case specified in Clause 10 of
this Article;
g)
Rights, obligations and other responsibilities of parties related to the
contents mentioned in Points a, b, c, d, dd and e of this Clause;
h) Other
contents which are agreed upon by the parties but not contrary to the
regulations laid down in the Law on Investment, this Decree and relevant
regulations of law.
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a) For a
capital portion of up to VND 300 billion, the guarantee rate is 3%;
b) For a
capital portion of over VND 300 billion to VND 1,000 billion, the guarantee
rate is 2%;
c) For a
capital portion of over VND 1,000 billion, the guarantee rate is 1%.
3. The
project’s investment capital determined as the basis for calculation of the
guarantee rate prescribed in Clause 2 of this Article does not include land
levy or land rent payable to the State and costs of construction of the
investment project’s works (if any) which the investor is obliged to transfer
to the State for management after completion. If the costs of construction
of works to be transferred to the State have yet to be accurately determined at
the time of signing the project execution guarantee agreement, the investment
registration authority shall determine the guarantee amount according to the
cost estimate specified in the project proposal prepared by the investor.
4. Except
for the projects not eligible for investment incentives as prescribed in Clause
5 Article 15 of the Law on Investment, the investor is entitled to a reduction
of the guarantee amount in the following cases:
a) a 25%
reduction of the guarantee amount for investment projects in business lines
eligible for investment incentives specified in the Appendix II hereof;
investment projects in disadvantaged areas specified in the Appendix III
hereof;
b) a 50%
reduction of the guarantee amount for investment projects in business lines
eligible for special investment incentives specified in the Appendix II hereof;
investment projects in extremely disadvantaged areas specified in the Appendix
III hereof; investment projects in business lines eligible for investment
incentives executed in disadvantaged areas.
5. Time
and duration of guaranteeing project execution:
a) The investor shall pay the deposit or submit the credit
institution’s guarantee certificate after being issued with the decision on
approval for both investment guidelines and investor or decision on investor
approval or decision on approval for bidding result and prior to implementing
the compensation, assistance and relocation plan approved by a competent
authority (if the investor does not advance the payment for compensation,
assistance or relocation) or by the time of issuing the decision on land
allocation or land lease or land repurposing (if the investor does not advance
compensation, assistance or relocation payments or the investor is selected to
execute the project through a land use right auction and is leased out land by
the State and pays land rents on an annual
basis);
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6. If a
project comprises multiple investment phases, the payment and refund of the
deposit amount or payment and adjustment of the guarantee amount or termination
of the guarantee obligation shall be carried out in each phase of execution of
the investment project under the project execution guarantee agreement. The
investor may transfer the remaining deposit amount or remaining guarantee
amount of the previous period to guarantee project execution for the next
period without having to refund the remaining deposit amount or invalidate the
guarantee of the previous period, and make any additional payment of the
deposit amount or guarantee amount for the next period and the deposit amount
or guarantee amount of the previous period (if any).
7. If the
investor advances the compensation, assistance or relocation payments to a
competent authority to implement the approved compensation, assistance and
relocation plan, follow the instructions below:
a) If the
advanced amount is equal to or greater than the guarantee rate prescribed in
Clause 2 of this Article, the investor is not required to immediately pay the
deposit amount or submit the credit institution’s guarantee certificate at the
time specified in Point a Clause 5 of this Article;
b) If the
advanced amount is less than the guarantee rate as prescribed in Clause 2 of
this Article, the investor must pay a deposit amount or submit the credit
institution’s guarantee certificate which equals to the difference between the
advanced amount and the guarantee rate specified in Clause 2 of this Article at
the time specified in Point a Clause 5 of this Article;
c) The
investor with the deposit amount paid or credit institution's guarantee
certificate submitted in the cases mentioned in Points a and b of this Clause
must pay a deposit to the investment registration authority in accordance with
this Article when the project is behind schedule according to the decision on
approval for investment guidelines, decision on approval for both investment
guidelines and investor or investment registration certificate.
8. The
guarantee amount shall be paid to the investment registration authority's
account opened at the commercial bank established under Vietnam’s law and
selected by the investor; the investor shall pay all costs incurred in
connection with the opening and maintenance of the account for project
execution guarantee and conduct of transactions relating to the account. In
case of execution of multiple projects, it is required to sign a project
execution guarantee agreement with the same investment registration authority.
The investor may negotiate with the investment registration authority about use
of the same account for receiving guarantee amounts with respect to the
projects executed in the areas under its management.
9. The
refund and adjustment of a guarantee amount, and termination of the guarantee
obligation shall be carried out as follows:
a) 50% of
the deposit shall be refunded or 50% of the guarantee rate at the time when the
investor is issued by a competent authority with the decision on land allocation,
land lease or land repurposing and issued by a competent authority with other
licenses or approvals to commence the construction (if any);
b) The
remaining deposit and interest (if any) arising from the deposit shall be
refunded or the guarantee for deposit payment obligation shall be invalidated
at the time when the investor accepts the construction works;
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d) Where
the project's investment capital is increased, the investor shall pay an
additional amount of deposit or credit institution’s deposit payment guarantee
corresponding to the increased investment capital according to the adjusted
decision on approval for adjustment of the investment guidelines or the
adjusted investment registration certificate. If 50% of the paid deposit has
been refunded prior to the adjustment, the investor shall only investor shall
only pay a half of the required additional deposit;
dd) Where
the execution of an investment project cannot be continued due to a force
majeure event or on account of a competent authority while following
administrative procedures or due to the project adjustment made at the request
of a competent authority in case of change of the planning, the investor may
claim the refund of the guarantee amount or terminate the guarantee obligation.
e)
Regarding a domestic investor that has their investment guidelines approved and
is not required to obtain the investment registration certificate, when the
project not subject to adjustment of its investment guidelines is adjusted as
prescribed in this Decree and the adjustments change any content of the project
execution guarantee agreement, the investor shall send a written notification
to the investment registration authority prior to the adjustment. The investment
registration authority and investor shall adjust the project execution
guarantee agreement in conformity with the adjustments to the investment
project.
10. The
guarantee amount that is yet to be refunded shall be paid to the state budget
as prescribed by law in the following cases:
a) The
project is not put into operation on the schedule specified in the decision on
approval for investment guidelines or investment registration certificate
without the competent authority’s permission for adjusting the schedule as
prescribed in the Law on Investment and this Decree;
b) The
project is terminated as prescribed in Clause 2 Article 48 of the Law on
Investment, except for the case mentioned in Point a Clause 2 Article 47 of the
Law on Investment.
11. Where
the deposit payment obligation is guaranteed by a credit institution, upon the
expiry of the guarantee, if the investor fails to extend its validity and
investment registration authority’s comments on invalidation of the guarantee
are not available, the credit institution must transfer the guarantee amount to
the investment registration authority’s account to continue to pay deposits for
guaranteeing project execution.
Article 27. Duration of investment projects
1. The
duration of an investment project specified in Clauses 1 and 2 Article 44 of
the Law on Investment begins from the date on which the investor is issued with
the decision on investor approval, decision on approval for both investment
guidelines and investor or the investment registration certificate for the
first time. For the investment project which uses land allocated or leased out
by the State or is permitted by the State to repurpose land, its duration
begins from the date on which the investor is issued with the decision on land
allocation, decision on land lease or decision on land repurposing. If the
investor has obtained the decision on land allocation, decision on land lease
or decision on land repurposing but the transfer of land is delayed, the
duration of the investment project begins from the date on which land is
transferred on site.
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3.
According to the objectives, scale, location and operating requirements of the
investment project, the authority that has the power to approve investment
guidelines and the investment registration authority shall consider and decide
the duration, and adjust duration of the investment project as prescribed in
Clauses 1 and 2 of this Article.
4. Except
for the regulations in Points a and b Clause 4 Article 44 of the Law on
Investment, upon expiry of the duration of an investment project, the authority
that has the power to approve investment guidelines and the investment
registration authority will consider and decide to extend duration of such
project if the investor wishes to keep executing the investment project and
satisfies the following conditions:
a) The
project conforms to the national planning, regional planning, provincial
planning, urban planning and special administrative-economic unit planning (if
any); conforms to the objectives and orientations for urban development or
residential housing development plans and programs (with respect to projects on
investment in residential housing and urban area construction);
b) The
conditions for land allocation or land lease prescribed by the law on land are
met (in the case of applying for extension of land use term).
5. The
period of extension of duration of the project specified in Clause 4 of this
Article shall be considered on the basis of objectives, scale, location and
operating requirement of the project and shall not exceed the maximum duration
mentioned in Clauses 1 and 2 Article 44 of the Law on Investment.
6. If the
investment project satisfies the condition prescribed in Point b Clause 4 of
this Article but fails to satisfy the condition prescribed in Point a Clause 4
of this Article, the authority that has the power to approve investment
guidelines and the investment registration authority shall consider extending
its duration on a year-by-year basis until the district’s annual land use plan
is available in accordance with regulations of law on land. The investor shall
only follow procedures for extending the duration for the first year of
extension.
7. The
duration of an investment project with a commitment to transfer the investor’s
assets without reimbursement to the State of Vietnam or to a Vietnamese party
after the expiry of the duration shall be determined as prescribed in Clause 3
Article 124 hereof.
8. The
land-related financial obligation discharged to the State in the case of
adjustment or extension of duration of an investment project shall be
determined in accordance with regulations of law on land and relevant
regulations of law.
9.
Procedures for adjusting and extending duration of investment projects are
specified in Article 55 hereof.
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a) Projects using a technological line which, upon its operation,
fails to meet the provisions of National technical regulations on safety,
energy saving and environmental protection; or the capacity (which is the
number of products that the technological line produce in a given time period)
or the remaining performance of the technological line is less than 85% of the
design capacity or performance; or the amount of raw materials, materials or
energy consumed by the technological line exceeds 15% of its design consumption
level.
In case
of unavailability of National Technical Regulations on safety, energy saving and environmental protection related to
the projects’ technological line, only technical indicators of Vietnam’s
Standards or National Standards of one of the G7 countries or Korea with regard
to safety, energy saving, and environmental protection shall be applied;
b) Projects using machinery and equipment for production with
HS codes in Chapters 84 and 85 of Vietnam’s nomenclature
of exports and imports which have a useful life of more than 10 years or which,
upon their operation, fail to satisfy the provision of National technical regulations on safety, energy saving and
environmental protection. In case of unavailability of National
Technical Regulations on safety, energy saving and environmental protection
related to the projects’ machinery and equipment, only technical indicators of
Vietnam’s Standards or National Standards of one of the G7 countries or Korea
with regard to safety, energy saving, and environmental protection shall be
applied.
The
Ministry of Science and Technology shall provide guidelines for determining
machinery and equipment in some fields which have a useful life of more than 10
years but are not classified as obsolete, environment threatening or
resource-intensive technologies.
11. The determination of
whether an investment project uses obsolete, environment threatening or
resource-intensive technologies as prescribed in Clause 10 of this Article
shall be carried out as follows:
a) The
Ministry of Science and Technology shall preside over and cooperate with
relevant authorities in determining technologies of investment projects subject
to approval for their investment guidelines by the National Assembly and the
Prime Minister;
b)
Science and technology authorities affiliated to provincial People’s Committees
shall preside over and cooperate with relevant authorities in determining
technologies of investment projects other than those specified in Point a of
this Clause;
c)
Funding for determination shall be covered by the state budget. If the duration
of the investment project continue to be extended, the investor shall pay all
costs of determination;
d)
Applications and procedures for determination of investment projects using
obsolete, environment threatening or resource-intensive technologies shall
comply with the Prime Minister’s regulations.
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1. The registered capital
for execution of an investment project shall be determined on the basis of:
a) Capital contributed by the investor in the form of cash,
machinery, equipment, value of intellectual
property rights, technology, technical know-how, value of land use rights and
other assets in accordance with regulations of the civil law and international
treaties on investment;
b)
Capital raised to execute the project;
c)
Profits (if any) retained by the investor for re-investment.
2. The
investment capital for execution of an investment project shall be determined
on the basis of contributed capital, raised capital and profits retained for
re-investment during the project execution. The investor shall self-determine
value of investment capital for execution of the project after it is put into
operation.
3. The
independent assessment of value of investment capital, quality and value of
machinery, equipment and technological line after operation of a project as
prescribed in Clause 3 Article 45 of the Law on Investment shall be carried out
in the following cases:
a) The
investment authority and tax authority have grounds for determining that the
investor fails to truthfully, accurately and sufficiently declare tax regarding
value of the investment capital in accordance with regulations of law and tax
administration;
b) The
investment authority and science and technology authority have grounds for
determining that the investor show signs of violating regulations on
application and transfer of technology during the project execution in accordance
with regulations of law on technology transfer.
4. For
the case specified in Point a Clause 3 of this Article, the tax authority shall
carry out an assessment to determine the amount of tax payable by the investor;
the hiring of an independent assessment organization for investment capital
assessment shall be carried out by the investment authority.
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a) The
Ministry of Science and Technology shall preside over and cooperate with
relevant authorities in assessing quality and value of machinery, equipment and
technological lines for the projects subject to approval for their investment
guidelines by the National Assembly and the Prime Minister;
b)
Science and technology authorities affiliated to provincial People’s Committees
shall preside over and cooperate with relevant authorities in assessing quality
and value of machinery, equipment and technological lines for the projects
other than those specified in Point a of this Clause;
c) The
assessment of quality and value of machinery, equipment and technological lines
shall be carried out by consulting the science and technology advisory board,
independent assessment organizations and experts about machinery, equipment and
technological lines used during the project execution;
d)
Applications and procedures for assessing machinery, equipment and
technological lines shall comply with the Prime Minister’s regulations.
6. The costs of assessment
made as prescribed in Clauses 4 and 5 of this Article shall be covered by the
state budget. The investor must bear any costs of assessment if the assessment
results lead to an increase in the tax obligations discharged to the State.
Section 2. INVESTMENT GUIDELINE APPROVAL AND INVESTOR
SELECTION
Article 29. Investment guideline approval and investor
selection
1.
Authorities that have the power to approve investment guidelines are specified
in Articles 30, 31 and 32 of the Law on Investment (hereinafter referred to as
“investment guideline approving authorities”). If an investment project has
objectives and contents subject to approval for its investment guidelines by
different investment guideline approving authorities, the highest authorized
authority shall grant approval for investment guidelines of the entire project.
2. For an
investment project subject to approval for its investment guidelines specified
in Articles 30, 31 and 32 of the Law on Investment, the investment guideline
approving authority shall consider approving investment guidelines and decide
on the method of selection of the investor in the project as follows:
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b) Bid to
select an investor in the investment project in the case of bidding to select
investors in accordance with regulations of law on bidding, law on private
sector involvement and special legislation, and failure to satisfy the
condition for land use right auction specified in Point a of this Clause. The
investment guideline approving authority shall assign a competent authority to
bid to select the investor in accordance with regulations of law on bidding;
The decision on approval for investment guidelines also serves as the decision
on approval for list of investment projects in accordance with regulations of
law on bidding;
c) For
the investment projects specified in Clause 4 Article 29 of the Law on
Investment and projects other than those specified in Points and b of this
Clause, the investment guideline approving authority shall consider granting
approval for both investment guidelines and investor without holding a land use
right auction or bidding to select investors as prescribed in Clause 5 of this
Article.
3. The
investor approval specified in Clause 3 Article 29 of the Law on Investment
shall be carried out as follows:
a) The
land use right auction has been held but only one investor registers for
participation in the auction or at least 02 auction sessions have been held but
unsuccessful in accordance with regulations of law on land;
b) The
list of projects has been published in accordance with regulations of law on
bidding but only one investor carries out the registration and satisfies
preliminary requirements on capacity and experience or multiple investors carry
out the registration but only one investor is qualified in terms of capacity
and experience in accordance with regulations of law on bidding;
c) The
authority that has the power to hold the auction or bid shall consider the
satisfaction of the conditions mentioned in Points a and b of this Clause and
notify the investment registration authority and investor (if any) in writing
to follow the procedures for investor approval as prescribed in Clauses 1, 2
and 3 Article 30 hereof.
4. The
investor is entitled to make a selection as prescribed in Points a and b Clause
2 of this Article to execute the project as follows:
a) The competent
authority shall decide to approve auction winning results or approve results of
investor selection in accordance with regulations of law on land and bidding.
The decision on approval for auction winning results or decision on approval
for investor selection results shall be sent to the investment guideline
approving authority, investment registration authority and investor;
b) The
investor that wins the auction or bid shall follow procedures for land
allocation or land lease in accordance with regulations of law on land and
bidding, and execute the investment project according to the decision on
approval for investment guidelines, decision on approval for auction winning
results or decision on approval for investor selection results.
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a) An
investor that has the land use rights is an investor that is using land
allocated or leased out by the State or whose land use rights are recognized by
the State or that receives the land use rights in accordance with regulations
of law, and at the time of submitting the application for approval for
investment guidelines, the area of land being used by the investor is not on
the list of projects on land that needs expropriating for national defense and
security purposes or for socio-economic development in the national or public
interest approved by the provincial People’s Council, except for the case where
the land is being used as a result of extension of the project’s duration as
prescribed in Clause 6 Article 27 hereof;
b) The
investor is permitted by a competent authority to receive the agricultural land
use rights, receive 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 in accordance with regulations of law
on land;
c) The
investor executes the investment project in an industrial park or hi-tech zone;
d)
Projects other than those specified in Points a and b Clause 2 of this Article;
dd) Other
cases not subject to land use right auction or bidding for investor selection
in accordance with regulations of law on land and bidding, relevant regulations
of law.
6. Power,
procedures and applications for investor approval and investment guideline
approval are specified in Articles 30, 31, 32 and 33 hereof.
7. If two
investors or more in the investment project specified in Point c, d or dd
Clause 5 of this Article submit a valid application for project execution at
one location within 20 days (for the project subject to approval for its
investment guidelines by the Prime Minister) or 15 days (for the project
subject to approval for investment guidelines by the provincial People's
Committee) from the receipt of the valid application of the first investor, the
Ministry of Planning and Investment and investment registration authority shall
follow the procedures below:
a) Notify
the investors in writing of implementation of the procedures for investment
guidelines approval and investor selection according to this Clause within 25
days (for the project subject to approval for its investment guidelines by the
Prime Minister) or 20 days (for the project subject to approval for investment
guidelines by the provincial People's Committee) from the receipt of the valid
application of the first investor. The Ministry of Planning and Investment and
investment registration authority shall not consider and shall return other
investors’ applications (if any) submitted after the 20-day period (for the
project subject to approval for its investment guidelines by the Prime
Minister) or 15-day period (for the project subject to approval for investment
guidelines by the provincial People's Committee) from the receipt of the valid
application of the first investor;
b)
Implement the procedures for investment guideline approval as prescribed in
Article 32 or Article 33 hereof on the basis of the investment project proposal
of the first investor. If the first investor’s investment project proposal
fails to satisfy the conditions mentioned in Clause 3 Article 33 of the Law on
Investment, implement the procedures for investment guideline approval on the
principle that the investment project proposal of each next investor is
considered;
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d) The
investor is entitled to select to implement the procedures for investor
approval according to Clause 2 or Clause 4 Article 30 hereof.
Article 30. Procedures for investor approval
1. The
only investor that has registered for participation in the auction or the
investor that requests the project execution after at least 02 auction sessions
have been held but unsuccessful as prescribed in Point a Clause 3 Article 29
hereof may be considered to be approved as follows:
a) The
investor shall submit 04 applications for investor approval to the investment
registration authority, including an application form for investor approval and
the documents specified in Points b, c, e, g and h Clause 1 Article 33 of the
Law on Investment;
b) Within
03 working days from the receipt of the valid application, the investment
registration authority shall send relevant documents to relevant regulatory
bodies to seek their opinions about the satisfaction of the requirements specified
in Points b, c and d Clause 4 Article 33 of the Law on Investment. For the
project whose investment guidelines have been approved by the National Assembly
or the Prime Minister, the investment registration authority shall send
relevant documents to the Ministry of Planning and Investment to seek its
opinions;
c) Within
15 days from the receipt of the relevant documents, the enquired authorities
shall give their opinions about the contents under their state management to
the investment registration authority;
d) Within
25 days from the receipt of the valid applications specified in Point a of this
Clause, investment registration authority shall prepare an appraisal report on
the contents specified in Points b, c and d Clause 4 Article 33 of the Law on
Investment and submit it to the provincial People's Committee;
dd)
Within 07 working days from the receipt of the application and appraisal
report, the provincial People's Committee shall grant investor approval and
send the decision on investor approval to the Ministry of Planning and
Investment (for the project subject to approval for its investment guidelines
by the National Assembly or the Prime Minister); authority holding the auction;
investment registration authority and investor.
2. The
investor satisfying the conditions specified in Point b Clause 3 Article 29
hereof may be considered to be approved as follows:
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b) Within
03 working days from the receipt of the valid application, the investment
registration authority shall send a report on preliminary evaluation of
capacity and experience, and the applications specified in Point a of this
Clause to seek opinions of relevant regulatory bodies about the satisfaction of
the requirements specified in Points b, c and d Clause 4 Article 33 of the Law
on Investment. For the project whose investment guidelines have been approved
by the National Assembly or the Prime Minister, the investment registration
authority shall also send relevant documents to the Ministry of Planning and
Investment to seek its opinions;
c) Within
15 days from the receipt of the investment registration authority's relevant
documents, the enquired authorities shall give their opinions about the
contents under their state management to the investment registration authority;
d) Within
25 days from the receipt of the valid applications specified in Point a of this
Clause, investment registration authority shall prepare an report on the
contents specified in Points b, c and d Clause 4 Article 33 of the Law on
Investment and submit it to the provincial People's Committee;
dd)
Within 07 working days from the receipt of the application and appraisal
report, the provincial People's Committee shall grant investor approval and
send the decision on investor approval to the Ministry of Planning and
Investment (for the project subject to approval for its investment guidelines
by the National Assembly or the Prime Minister) and the investor.
3. If a
Ministry, ministerial agency or Governmental agency conducts bidding, such
agency shall prepare a report on preliminary evaluation of capacity and
experience and approve the investor if the investor satisfy the requirements
specified in Points b, c and d Clause 4 Article 33 of the Law on Investment.
The decision on investor approval shall be sent to the Ministry of Planning and
Investment (for the project subject to its investment guidelines by the
National Assembly or the Prime Minister), investment registration authority and
investor.
4.
Procedures for approving the investor in the investment project executed in an
economic zone as specified in Clause 2 Article 32 of the Law on Investment are
as follows:
a) The
investor shall submit 04 sets of application for investor approval to economic
zone management board, including an application form for investor approval and
the documents specified in Points b, c, e, g and h Clause 1 Article 33 of the
Law on Investment;
b) The
economic zone management board shall send relevant documents to relevant
regulatory agencies according to Point b Clause 1 and Point b Clause 2 of this
Article;
c) Within
15 days from the receipt of the relevant documents, the enquired authorities
shall give their opinions about the contents under their state management to
the economic zone management board;
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Article 31. Applications and procedures for making and
appraising requests for investment guideline approval
1.
Applications for approval for investment guidelines of investment projects are
specified in Clause 1 or Clause 2 Article 33 of the Law on Investment and
Clauses 2 and 3 of this Article.
2.
Explanatory documents for the proposal for method of investor selection specified
in Clauses 1 and 2 Article 33 of the Law on Investment include:
a) A copy
of the list of projects on land subject to expropriation approved by the
provincial People’s Council; documents proving that land has been cleared (if
any), other explanatory documents (if any) in the case of proposal for investor
selection through land use right auction in accordance with regulations of law
on land;
b) A copy
of the list of projects on land subject to expropriation approved by the
provincial People’s Council; a document proving that land has not been cleared
(if any), other explanatory documents (if any) in the case of proposal for
investor selection through bidding for land-using project; In this case, the
investment proposal shall specify the total estimated cost of project execution
that is determined according to the total investment of the project in
accordance with regulations of law on construction, exclusive of the costs of
compensation, assistance and relocation is required.
In case
of bidding for investor selection in accordance with regulations of law on
private sector involvement and special legislation, explanatory documents for
legal bases and conditions for application of method of investor selection
through bidding in accordance with regulations of law on private sector
involvement and special legislation are required;
c) A
document proving that the project is not on the list of projects on land
subject to expropriation approved by the provincial People’s Council; a valid
copy of the decision on land allocation or decision on land lease or the land
use right lease contract or certificate of land use rights, certificate of
ownership of houses and land use rights, certificate of land use rights,
ownership of houses and other property on land in the case of proposal for
approval for both investment guidelines and investor regarding the investor
that has the land use rights as specified in Point a Clause 4 Article 29 of the
Law on Investment;
d) A
valid copy of the competent People’s Committee’s written approval for receipt
of the land use rights, receipt of the land use rights as contributed capital
or lease of the land use rights for project execution and valid copies of other
documents containing agreement on use of location for project execution in the
case of proposal for approval for both investment guidelines and investor with
regard to the investor receiving the agricultural land use rights, receiving
the agricultural land use rights as contributed capital or leasing the
agricultural land use rights for execution of the project on non-agricultural
production or business as prescribed in Point b Clause 4 Article 29 of the Law
on Investment.
3.
Regarding a project on investment in construction, the project investment
proposal includes:
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For an
urban area project, if the law on construction requires formulation of a
pre-feasibility study report, the investor or competent authority is entitled
to submit or use the pre-feasibility study report instead of the investment
project proposal, including a proposal for preliminary part of the urban
infrastructure retained by the investor for business operation and part of the
urban infrastructure to be transferred or proposed by the investor to the local
government;
b) The
contents specified in Point d Clause 1 or Point b Clause 2 Article 33 of the
Law on Investment, expected division of component projects (if any) with
respect to the project on investment in construction other than that specified
in Point a of this Clause.
4. The
competent authorities that prepare applications for approval for investment
guidelines of the investment projects in Clauses 1 and 2 Article 22 of the Law
on Investment consist of:
a)
Ministries, ministerial agencies and provincial People’s Committees, which
prepare applications for approval for investment guidelines of projects subject
to approval for their investment guidelines by the National Assembly and the
Prime Minister;
b)
Specialized agencies of provincial People’s Committees; district-level People’s
Committees; industrial park management boards, export-processing zones, hi-tech
zones and economic zones, which prepare applications for approval for investment
guidelines of projects subject to approval for their investment guidelines by
provincial People’s Committees.
5.
Authorities receiving applications for approval for investment guidelines
consist of:
a) The
Ministry of Planning and Investment, which receives applications for approval
for investment guidelines of investment projects subject to approval for their
investment guidelines by the National Assembly and the Prime Minister;
b)
Departments of Planning Investment, which receive applications for approval for
investment guidelines of investment projects subject to approval for their
investment guidelines by provincial People’s Committees outside industrial
parks, export-processing zones, hi-tech zones and economic zones; investment
projects executed both inside and outside industrial parks, export-processing
zones, hi-tech zones and economic zones; investment projects executed inside
industrial parks, export-processing zones, hi-tech zones and economic zones
where management boards of such industrial parks, export-processing zones,
hi-tech zones and economic zones have yet to be established or not under the
management of the management boards of industrial parks, export-processing
zones, hi-tech zones and economic zones;
c) Management boards of industrial
parks, export-processing zones, hi-tech zones and economic zones, which receive
applications for approval for investment guidelines of investment projects
subject to approval for their investment guidelines by provincial People’s
Committees executed inside the industrial parks, export-processing zones,
hi-tech zones and economic zones.
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a) The
contents in Clause 3 Article 33 of the Law on Investment;
b) Legal
bases and conditions for application of investor selection method prescribed in
Clause 1 Article 29 of the Law on Investment and Article 29 of this Decree.
7. The
appraisal of conformity of an investment project with planning as prescribed in
Point a Clause 3 Article 33 of the Law on Investment shall be carried out as
follows:
a) If the
national planning, regional planning or provincial planning has yet to be
decided or approved as prescribed by the Law on Planning, the assessment of
conformity of the investment project with such planning shall be conducted on
the basis of assessment of conformity of the investment project with the
planning prescribed in Point c Clause 1 Article 59 of the Law on Planning
regarding the implementation of the planning integrated into the national
planning, regional planning or provincial planning and the Government’s
Resolution on the List of planning integrated into such planning;
b) If the
planning integrated into the national planning, regional planning or provincial
planning as prescribed in Point a of this Clause expires before the national
planning, regional planning or provincial planning is decided or approved, such
planning shall be extended until the national planning, regional planning or
provincial planning is decided or approved;
c) For
the urban planning, the appraisal shall cover the assessment of conformity of
the investment project with the detailed planning (if any) or zoning planning
(if any); if the detailed planning or zoning planning has yet to be approved by
the competent authority, the assessment of conformity of the investment project
with the general planning is required.
8.
Contents of appraisal of the request for approval for both investment
guidelines and investor include:
a) The
contents in Clause 4 Article 33 of the Law on Investment;
b) Legal
bases and conditions for investor approval prescribed in Clause 1 Article 29 of
the Law on Investment and Article 29 of this Decree;
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9. The
obtainment of and response to opinions during the appraisal shall be carried
out on according to the principle specified in Clause 2 Article 6 hereof. If
the law on construction, housing, urban development or real estate business
provides for enquired authorities and contents about which appraisal opinions
are obtained, regulations laid down in such law shall apply.
Article 32. Procedures for investment guideline approval by
the Prime Minister
1.
Investment projects subject to approval for their investment guidelines by the
Prime Minister are specified in Article 31 of the Law on Investment. Other
investment projects subject to approval for their investment guidelines by the
Prime Minister specified in Clause 4 Article 31 of the Law on Investment are
those prescribed by law that they must be submitted to the Prime Minister for approval
for their investment guidelines, decision on investment, permission for
investment or decision made in other forms.
2. The
investor or competent authority specified in Point a Clause 4 Article 31 hereof
shall submit 08 sets of application for approval for investment guidelines as
prescribed in Clause 1 or Clause 2 Article 33 of the Law on Investment, Clauses
2 and 3 Article 31 of this Decree to the Ministry of Planning and Investment.
3. Within
03 working days from the receipt of the valid applications mentioned in Clause
2 of this Article, the Ministry of Planning and Investment shall send relevant
documents to relevant Ministries, authorities and People's Committees of
provinces where the project is executed to seek their appraisal opinions on the
project’s contents under their state management as prescribed in Clause 6 or
Clause 8 Article 31 hereof.
For the
investment project that has the proposal for repurposing of land meant for rice
cultivation, protection forest land or special-use forest land or forest
repurposing, the procedures for obtaining opinions are as follows:
a) For the project that has the proposal for repurposing of
land meant for rice cultivation, protection
forest land or special-use forest land, the Ministry of Planning and Investment
shall seek appraisal opinions of the Ministry of Natural Resources and
Environment, Ministry of Agriculture and Rural Development, other concerned
Ministries, agencies and People’s Committee of the province where the project
is expected to be executed about conformity of the project with the land use
planning approved by the competent authority; remaining allocated quotas for
use of land by the time of project proposal; current use of land (types of land
and users of land); preliminary expected plans for land expropriation,
compensation, assistance and relocation (if any); compliance with regulations
of law on land in the case where the investor is using land allocated or leased
out by the State to execute other investment projects.
b) For the project that has the proposal for forest
repurposing, the Ministry of Planning and
Investment shall seek appraisal opinions of the Ministry of Agriculture and
Rural Development, Ministry of Natural Resources and Environment, concerned
ministries and People’s Committee of the province where the project is expected
to be executed about the guidelines for forest repurposing in accordance with
regulations of law on forestry. If the application for decision on guidelines
for forest repurposing has been prepared and appraised as prescribed by the law
on forestry, the Ministry of Agriculture and Rural Development shall submit it
to the Prime Minister for consideration and decision on guidelines for forest
repurposing (for the case within the Prime Minister’s power), and to the
Ministry of Planning and Investment, which will submit it to the Prime Minister
for approval for investment guidelines; the provincial People’s Committee shall
submit the application to the provincial People's Committee for consideration
and decision on forest repurposing (for the case within the power of the
provincial People's Council), and to the Ministry of Planning and Investment,
which will submit it to the Prime Minister for approval for investment
guidelines.
4. Within
15 days from the receipt of the Ministry of Planning and Investment’s request
for opinions, the enquired authorities shall give their appraisal opinions
about the contents under their state management to the Ministry of Planning and
Investment.
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For the
investment project that is subject to approval for its investment guidelines by
02 provincial People’s Committee or more and has the proposal for selection of
an investor through land use right auction or bidding, the Ministry of Planning
and Investment shall propose that the People’s Committee of a province presides
over and cooperates with concerned authorities and local authorities in holding
land use right auction or bidding for investor selection or propose that a
Ministry, ministerial agency or Governmental agency presides over and
cooperates with concerned authorities and local authorities in bidding to
select the investor.
6. Within
07 working days from the receipt of the appraisal report of the Ministry of
Planning and Investment, the Prime Minister shall grant approval for investment
guidelines.
7.
Contents of the Prime Minister’s decision on approval for investment guidelines
shall include:
a) The
investor executing the project (in case of approving both investment guidelines
and investor) or investor selection method (in case of selecting an investor to
execute the project through a land use right auction or bidding);
b)
Project’s name; objectives; scale (preliminary structure of residential housing
products and provision of land for social housing development, preliminary plan
for investment in construction and management of urban infrastructure inside
and outside the project with respect to the project on investment in
residential housing or urban area construction, preliminary part of the urban
infrastructure retained by the investor for business operation and part of the
urban infrastructure to be transferred or proposed by the investor to the local
government with respect to the project on investment in residential housing or
urban area construction, if any); investment capital of the project (total
estimated cost of executing the project), duration of the project;
c)
Location of the investment project;
d)
Project execution schedule: schedule for contributing and raising capital
sources; schedule for carrying out capital construction and putting the work
into operation (if any); preliminary plan for investment phasing or division of
component projects (if any); schedule for implementing each stage (for the
multi-stage investment project);
dd)
Technologies applied (if any);
e)
Investment incentives and assistance and conditions for application thereof (if
any);
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h)
Responsibilities of investors and agencies concerned for project execution;
i)
Effective date of the decision on approval for investment guidelines.
8. The
decision on approval for investment guidelines shall be sent to the Ministry of
Planning and Investment, investor, competent authority specified in Clause 2 of
this Article and People’s Committee of the province where the project is
executed to hold an auction (in case of selecting an investor through land use
right auction), bidding organizing authority to publish the list of projects in
accordance with regulations of law on bidding and private sector involvement,
and special legislation (in case of selecting an investor through bidding),
investment registration authority, other Ministries and agencies involved in
execution of the project.
Article 33. Power and procedures for investment guideline
approval by provincial People's Committees
1. Investment projects
subject to approval for their investment guidelines by provincial People’s
Committees are specified in Article 32 of the Law on Investment.
2.
Investment projects subject to approval for their investment guidelines by
provincial People’s Committees specified in Point a Clause 1 Article 32 of the
Law on Investment include:
a)
Investment projects that request the State to allocate or lease out land
without land use right auction or bidding for investor selection;
b)
Investment projects that request the State to allocate or lease out land of
households and individuals required to obtain the written approval of the
provincial People's Committee in accordance with regulations of law on land;
c)
Investment projects that request the State to allocate or lease out land in a
case other than the case of receipt of land use rights or property on land;
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3.
Investment projects subject to approval for their investment guidelines by
provincial People’s Committees as specified in Point d Clause 1 Article 32 of
the Law on Investment are foreign investors and foreign-invested business
organizations’ projects that request the State to allocate or lease out land or
permit repurposing of land on islands or in border or coastal communes; in
other areas that affect defense and security determined according to Clause 8
Article 2 and Point dd Clause 2 Article 98 of this Decree or opinions of the
Ministry of National Defense and Ministry of Public Security specified in Point
dd Clause 2 Article 98 of this Decree.
4.
Procedures for investment guideline approval by a provincial People’s Committee
are as follows:
a) The
investor or competent authority shall submit 04 sets of application for
approval for investment guidelines as prescribed in Clause 1 or Clause 2
Article 33 of the Law on Investment, Clauses 2 and 3 Article 31 of this Decree
to the investment registration authority.
b) Within
03 working days from the receipt of the valid applications mentioned in Point a
of this Clause, the investment registration authority shall send relevant
documents to Departments, People's Committees of the district where the project
is expected to be executed and agencies concerned to seek their appraisal
opinions on the contents under their state management as prescribed in Clause 6
or Clause 8 Article 31 hereof;
c) Within
15 days from the receipt of the relevant documents, the enquired authorities
shall give their opinions about the contents under their state management to
the investment registration authority;
d) Within
25 days from the receipt of the valid applications specified in Point a of this
Clause, investment registration authority shall prepare an appraisal report
containing the contents as specified in Points b, c and d Clause 4 Article 33
of the Law on Investment and submit it to the provincial People's Committee.
5. Within
07 working days from the receipt of the applications and appraisal report, the
provincial People’s Committee shall consider approving investment guidelines of
projects according to Clause 7 Article 32 hereof.
6. The
decision on approval for investment guidelines shall be sent to the investor or
competent authority specified in Point a Clause 4 of this Article, authority
assigned to conduct (in case of selecting an investor through land use right
auction), the auction bidding organizing authority to publish the list of
projects in accordance with regulations of law on bidding and private sector
involvement, and special legislation (in case of selecting an investor through
bidding), investment registration authority, Departments and agencies involved
in execution of the project.
7.
Regarding an investment project executed in an industrial park,
export-processing zone, hi-tech zone or economic zone as specified in Clause 2
Article 32 of the Law on Investment, the industrial park, export-processing zone,
hi-tech zone or economic zone management board shall follow procedures for
investment guideline approval as follows:
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b) Within
03 working days from the receipt of the valid applications mentioned in Point a
of this Clause, the industrial park, export-processing zone, hi-tech zone or
economic zone management board shall send relevant documents to agencies
concerned to seek their appraisal opinions on the contents under their state
management as prescribed in Clause 6 or Clause 8 Article 31 hereof;
c) Within
15 days from the receipt of the relevant documents, the enquired authorities
shall give their opinions about the contents under their state management to
the industrial park, export-processing zone, hi-tech zone or economic zone
management board;
d) Within 25 days from the
receipt of the valid applications specified in Point a of this Clause, the
industrial park, export-processing zone, hi-tech zone or economic zone
management board shall prepare an appraisal report on the contents specified in
Clause 6 or Clause 8 Article 31 hereof and decision on approval for investment
guidelines containing the contents specified in Clause 7 Article 32 hereof.
8. For an investment project
executed in an economic zone and subject to a land use right auction, the
economic zone management board shall request the provincial People’s Committee
to assign a competent agency or unit to hold the auction.
Section 3. PROCEDURES FOR ISSUANCE, ADJUSTMENT AND
REVOCATION OF INVESTMENT REGISTRATION CERTIFICATES
Article 34. The power to issue, adjust and revoke
investment registration certificates
1. The
power to issue, adjust and revoke investment registration certificates is
prescribed in Article 39 of the Law on Investment.
2.
Departments of Planning and Investment of provinces where investment projects
are executed or where operating offices are located or expected to be located
for execution of investment projects shall issue, adjust and revoke investment
registration certificates of the following investment projects:
a)
Investment projects executed in 02 provinces or more;
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c)
Investment projects executed inside industrial parks, export-processing zones,
hi-tech zones and economic zones where management boards of such industrial
parks, export-processing zones, hi-tech zones and economic zones have yet to be
established or not under the management of the management boards of industrial
parks, export-processing zones, hi-tech zones and economic zones.
3.
Industrial park, export-processing zone, hi-tech zone and economic zone
management boards shall issue, adjust and revoke investment registration
certificates of the following investment projects:
a)
Projects on investment in and commercial operation of infrastructure in
industrial parks, export-processing zones, hi-tech zones and economic zones;
b)
Investment projects executed inside industrial parks, export-processing zones,
hi-tech zones and economic zones.
Article 35. Procedures for issuance and adjustment of
investment registration certificates of projects subject to approval for their
investment guidelines
1.
Procedures for issuing and adjusting the investment registration certificate of
an investment project whose investment guidelines are approved together with
approval for the investor and subject to issuance of the investment registration
certificate are as follows:
a)
According to the decision on approval for investment guidelines and decision on
approval for adjustment of the investment guidelines, the investment
registration authority shall issue and adjust the investment registration certificate
within 05 working days from the receipt of the decision on approval for
investment guidelines and decision on approval for adjustment of the investment
guidelines;
b) For
the investment project subject to approval for its investment guidelines by 02
provincial People’s Committees or more, at the request of the Ministry of
Planning and Investment, the Prime Minister shall assign the Department of
Planning and Investment of a province or central-affiliated city where the
investment project is executed or where the operating office is located or
expected to be located for execution of the investment project to issue the
investment registration certificate.
2. For an
investment project whose investment guidelines have been approved and investor
in which has won the auction or bidding; investment project subject to investor
approval as specified in Clause 3 Article 29 of the Law on Investment and
subject to issuance of the investment registration certificate, the investor
shall submit an application form for issuance of the investment registration
certificate to the investment registration authority to be issued with the
investment registration certificate within 05 working days from the date on
which the investment registration authority receives the application form.
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4. For a
project not subject to issuance of the investment registration certificate, if
wishing to obtain the investment registration certificate, the investor shall
submit an application form for issuance of the investment registration
certificate, valid copy of the decision on approval for investment guidelines
and valid copy of the decision on investor approval (if any) to the investment
registration authority to be issued with the investment registration
certificate within 05 working days from the date on which the receipt of the
application form.
Article 36. Procedures for issuance and adjustment of
investment registration certificates of projects not subject to approval for
their investment guidelines
1. The investor shall submit
01 set of application for issuance of the investment registration certificate
containing the contents in Clause 1 Article 33 of the Law on Investment to the
investment registration authority. If the investment project is executed in 02
provinces or more, the investor shall submit the application to the Department
of Planning and Investment of a province or central-affiliated city where the
investment project is executed or where the operating office is located or
expected to be located for execution of the investment project to apply for
issuance of the investment registration certificate to the project.
2. If the
investment project has commenced, the investor shall submit the application
mentioned in Clause 1 of this Article in which the investment project proposal
is replaced with a report on project execution from the date of commencement to
the date of the application for issuance of the investment registration
certificate.
3. The
investment registration authority shall issue the investment registration
certificate to the investor within 15 days from the receipt of the valid
application if the conditions below are satisfied:
a) The
project does not involve any banned business line specified in Article 6 of the
Law on Investment and international investment-related treaty;
b) There
is a location for project execution which is determined according to the valid
copy of the document regarding the land use right or valid copy of the location
lease agreement or another document identifying the right to use the location
for project execution;
c) The
project conforms to the planning specified in Clause 7 Article 31 hereof;
d) The
project satisfies the condition concerning the investment per m2
prescribed by the provincial People’s Committee according to the local
conditions and approved by the Standing Committee of the provincial People's
Council (if any), the number of workers employed (if any);
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4.
Procedures for adjustment of investment registration certificates of projects
not subject to approval for their investment guidelines are specified in
Article 47 hereof.
Article 37. Investment project codes
1. A code
of an investment project is a sequence of numbers automatically generated by
the National Foreign Investment Information System and written on the
investment registration certificate. Each investment project is issued with a
single code, exists throughout the operation of the project and expires upon
termination of the investment project.
2. With
regard to an investment project executed according to the investment
certificate, investment license or another equivalent document, the code of the
investment project is the number of the investment certificate, investment
license or the equivalent document issued to the investment project.
3. The
competent authority shall use codes of investment projects uniformly to manage
and exchange information about investment projects.
Article 38. Following investment procedures on the National
Investment Information System
1. Before following
procedures for issuance or adjustment of the investment registration
certificate, the investor shall make online declaration of information about
the investment project on National Investment Information System. Within 15
days from the date of online declaration of application, the investor shall
submit an application for issuance or adjustment of the investment registration
certificate to the investment registration authority. If the application is not
received within the 15-day period, the online application will be invalidated.
2. The
investment registration authority shall use the National Investment Information
System to receive and process applications, return results, update the
processing of applications and issue project codes. A project code becomes
effective as the electronic copy of the investment registration certificate is
recorded and stored in the National Investment Information System.
3. In
case National Foreign Investment Information System is inaccessible due to a
breakdown, the investment registration authority shall issue the investment
registration certificate under the backup procedures below:
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b) Within
05 working days from the day on which the investment registration certificate
is issued under the backup procedures, the investment registration authority
shall update information about the project on National Investment Information
System.
Article 39. Online applications for issuance and adjustment
of investment registration certificates
1. For an
investment project not subject to approval for its investment guidelines, the
investor is entitled to choose between submitting a physical application for
issuance or adjustment of the investment registration certificate as prescribed
in Articles 36 and 47 hereof or submitting an online application on the
National Investment Information System with or without a digital signature.
2. An
online application for issuance or adjustment of the investment registration
certificate shall contain the information prescribed in this Decree, be shown
in the form of an electronic document and have same legal validity as a
physical one.
3. An
online application shall be accepted if it meets all of the following
conditions:
a) There
are sufficient electronic documents with complete contents as physical
documents. Names of electronic documents must be relevant to names of physical
documents;
b)
Information provided on the National Investment Information System must be
adequate and accurate as that in physical documents; authenticated with digital
signature of the investor or consistent with that in physical documents.
4. If the investor
authorizes a third party to follow investment procedures, an application for
issuance or adjustment of the investment registration certificate must include
a letter of authorization and legal documents of the authorized party.
Article 40. Procedures for online issuance and adjustment
of investment registration certificates on the National Investment Information
System
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a) The
investor shall register an account on the National Investment Information
System;
b) The
investor shall enter information and download electronic documents bearing
digital signatures on the National Investment Information System;
c) After
completing the submission of the application, the investor will receive a
confirmation slip through the National Investment Information System;
d) If the
application is invalid or has to be clarified, the investment registration
authority shall request the investor in writing to complete the application on
the National Investment Information System within 05 working days from the
receipt of the application;
dd) If
the application is valid and satisfies all conditions, the investment registration
authority shall issue or adjust the investment registration certificate within
15 days from the receipt of the valid application.
2. The
investor shall follow procedures for issuance or adjustment of the investment
registration certificate without using digital signatures as follows:
a) The
investor shall register an account on the National Investment Information
System;
b) The
investor shall declare information and downloads electronic documents on the
System;
c) After
completing the submission of the application, the investor will receive a
confirmation slip through the System;
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dd) If
the application satisfies the conditions for issuance or adjustment of the
investment registration certificate, the investment registration authority
shall the investor on the System;
e) After receiving the notification mentioned in Point dd of
this Clause, the investor shall submit a physical application enclosed with the
printed copy of the confirmation slip to the
investment registration authority, whether directly or by post, to compare it
with the application submitted on the System. If the investor’s physical
application is not received within a period of 30 days from the date of sending
the notification of satisfaction of the conditions for issuance or adjustment
of the investment registration certificate, the investor’s online application
will be invalidated;
g) The
investment registration authority shall issue or adjust the investment
registration certificate within 15 days (exclusive of the time when the
investor submits the physical application for comparison with the electronic
one) from the receipt of the valid application if the comparison shows that
physical application is consistent with the electronic one;
h) The
investor shall take responsibility for the accuracy and adequacy of the
physical application compared with the application submitted on the System. If
the physical application is inconsistent with the application submitted on the
System, the investment registration authority is entitled to refuse to issue or
adjust the investment registration certificate.
Article 41. Procedures for re-issuance and correction of
information on investment registration certificates
1. If the
investment registration certificate is lost or damaged, the investor shall
submit an application form for re-issuance of the investment registration
certificate to the investment registration authority to be re-issued within 05
working days from the receipt of the application form.
2. If
contents of the investment registration certificate stored in the form of
electronic data in the National Investment Information System are different
from those of the physical investment registration certificate, the one on
which the information is consistent with the information included in the
application for investment registration shall prevail. The investment
registration authority shall correct information on the investment registration
certificate within 03 working days from the receipt of the investor’s request.
3. If
information on the investment registration certificate is inaccurate compared
to that in the investment documents, the investment registration authority
shall correct information on the investment registration certificate within 03
working days from the receipt of the investor’s request.
Article 42. Registration for return of investment
registration certificates
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Section 4. ADJUSTMENT OF INVESTMENT PROJECTS
Article 43. Adjustments and procedures for adjusting
investment projects
1. During
execution of an investment project, the investor is entitled to adjust the
project according to Clauses 1, 2 and 3 Article 41 of the Law on Investment.
2. For
the project whose investment guidelines have been approved, the investor shall
follow the procedures below:
a) If any
content of the investment project is adjusted according to Clause 3 Article 41
of the Law on Investment, the investor shall follow procedures for adjusting
the decision on approval for investment guidelines in accordance with the
corresponding regulations laid down in Articles 44, 45 and 46 hereof. Pursuant
to the decision on approval for adjustment of the investment guidelines, the
investor shall follow procedures for adjusting the decision on investor
approval (if any) or investment registration certificate (if any);
b) If any
content of the investment project is adjusted in a case other than the case
specified in Clause 3 Article 41 of the Law on Investment, the investor is not
required to follow procedures for approval for adjustment of the investment
guidelines.
3. For
the investment project not subject to approval for its investment guidelines or
project whose investment guidelines have been approved in a case other than the
case specified in Clause 3 Article 41 of the Law on Investment, the investor
shall follow procedures for adjusting the investment registration certificate
(if any) as prescribed in Article 47 hereof.
4. If a
request for adjustment of an investment project not subject to approval for its
guidelines results in the project being subject to approval for its investment
guidelines, the investor must follow procedures for approval for investment
guidelines as prescribed in Section 2 Chapter IV hereof prior to making the
adjustment. In this case, the investment guideline approving authority shall
consider the adjustments to grant approval for investment guidelines.
Article 44. Procedures for adjusting investment projects
subject to approval for their investment guidelines by the Prime Minister
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a) An
application form for adjustment of the investment project;
b) A
report on investment project’s progress by the time of adjustment;
c) The
investor’s decision on investment project adjustment if the investor is an
organization;
d) Explanation or documents relating to the adjustment of the
contents specified in Points b, c, d, dd, e, g
and h Clause 1 Article 33 of the Law on Investment (if any).
2. Procedures for adjusting
the investment project:
a) Within
03 working days from the receipt of the valid applications, the Ministry of
Planning and Investment shall send them to competent authorities as prescribed
in Clause 3 Article 32 hereof to seek their opinions about the adjustments;
b) Within
15 days from the receipt of the valid applications, the enquired authorities
shall give their opinions about the adjustments under their state management;
c) Within
35 days from the receipt of the valid applications, the Ministry of Planning
and Investment shall prepare an appraisal report on the adjustments for
submission to the Prime Minister;
d) Within
05 working days from the receipt of the appraisal report of the Ministry of
Planning and Investment, the Prime Minister shall decide to approve adjustment
of the investment guidelines. The decision on approval for adjustment of the
investment guidelines shall be sent to the Ministry of Planning and Investment,
investment registration authority, investor, other Ministries and agencies
related to execution of the investment project, and the investor approving
authority (if any).
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1. The
investor shall submit 04 sets of application specified in Clause 1 Article 44
hereof to the investment registration authority.
2.
Procedures for adjusting the investment project:
a) Within
03 working days from the receipt of the valid applications, the investment
registration authority shall send them to competent authorities as prescribed
in Point b Clause 4 Article 33 hereof to seek their opinions about the
adjustments;
b) Within
15 days from the receipt of the valid applications, the enquired authorities
shall give their opinions about the adjustments under their state management;
c) Within
25 days from the receipt of the valid applications, the investment registration
authority shall prepare an appraisal report on the adjustments for submission
to the provincial People’s Committee;
d) Within
07 working days from the receipt of the applications and appraisal report of
the investment registration authority, the provincial People’s Committee shall
decide to approve adjustment of the investment guidelines. The decision on
approval for adjustment of the investment guidelines shall be sent to the
investment registration authority and investor, the investor approving
authority in the case of investor approval as prescribed in Clause 3 Article 29
of the Law on Investment, Departments and agencies related to execution of the
investment project.
Article 46. Procedures for adjusting investment projects
subject to approval for their investment guidelines by industrial park,
export-processing zone, hi-tech zone and economic zone management boards
Procedures
for adjusting an investment project subject to approval for its investment
guidelines by an industrial park, export-processing zone, hi-tech zone or
economic zone management board as prescribed in Clause 2 Article 32 of the Law
on Investment are as follows:
1. The
investor shall submit 04 sets of application prescribed in Article 44 hereof to
the industrial park, export-processing zone, hi-tech zone or economic zone
management board;
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3. Within
15 days from the receipt of the valid applications, the enquired authorities
shall give their opinions about the adjustments under their state management;
4. Within
25 days from the receipt of the valid applications, the industrial park,
export-processing zone, hi-tech zone or economic zone management board shall
decide to approve adjustment of the investment guidelines. The decision on
approval for adjustment of the investment guidelines shall be sent to the
investor and agencies related to execution of the investment project.
Article 47. Procedures for adjusting investment projects
issued with investment registration certificates and not subject to approval
for their investment guidelines
1. If the adjustment of the
investment project is related to the change of the investment project name or
investor name on the investment registration certificate, the investor shall
submit an application form for adjustment of the investment project to the
investment registration authority enclosed with the documents concerning such
change. Within 03 working days from the receipt of the application form for
adjustment of the investment registration certificate, the investment
registration authority shall adjust the investment registration certificate.
2. If the adjustment of an
investment project is not made in the case specified in Clause 1 of this
Article, the investor shall submit 01 application specified in Clause 1 Article
44 hereof to the investment registration authority. Within 10 days from the
receipt of the valid application, the investment registration authority shall
adjust the investment registration certificate.
Article 48. Adjustment of investment projects in case of
transfer of part or whole of investment projects
1. An
investor (the transferor) is entitled to transfer part or whole of their
investment project to another investor (the transferee) if the conditions set
out in Clause 1 Article 46 of the Law on Investment are satisfied.
2. The
transferee is entitled to inherit the rights and obligations to execute the
investment project of the transferor. If the project transfer generates income,
the transferor shall discharge financial obligations to the State as prescribed
by law.
3. For a
real estate business project, the investor that is approved as prescribed in
Clause 3 or 4 Article 29 of the Law on Investment or issued with the investment
registration certificate shall follow procedures for adjusting the investment
project upon transfer of the project as prescribed in this Article and in
compliance with the principles, conditions, rights and obligations of the
transferor and transferee in accordance with regulations of law on real estate
business.
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5. An
application for adjustment of the investment project is composed of:
a) An
application form for adjustment of the investment project;
b) A
report on the investment project’s progress by the time of project transfer;
c) A
contract or principal contract for transfer of part or whole of the investment
project;
d) Copies
of documents about the legal status of the transferor and transferee;
dd) A
copy of the investment registration certificate; the decision on approval for
investment guidelines; the decision on investor approval (if any);
e) A copy
of the BCC (for BCC investment projects);
g) A copy of one of the following documents of the
transferee: financial statements for the last 02 years or equity audit report of
the investor, commitment of the parent company
to provide financial support or commitment of a financial institution to
provide financial support, guarantee for the investor’s financial capability or
a document describing the investor’s financial capability.
6. Where
an investment project has had its investment guidelines approved together with
approval for the investor but the investor has transferred whole of the project
before it is operated or there is a change of conditions applicable to the
investor, the procedures for adjusting the project are as follows:
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b) The
authority specified in Point a of this Clause shall consider the conditions for
project transfer set forth in Clause 1 Article 46 of the Law on Investment to
decide to adjust the investment project in accordance with the corresponding
regulations in Articles 44, 45 and 46 hereof. The decision on approval for
change of investor shall record the transferor, transferee and part of the
project transferred (if any), and be sent to the investment registration
authority, transferor and transferee.
7. Where
an investment project has had its investment guidelines approved and the
transfer thereof changes any content of approval for the investment guidelines
in one of the cases mentioned in Points a, b, c, d, dd and e Clause 3 Article
41 of the Law on Investment, the transferor shall follow the procedures for
adjusting the project according to the corresponding regulations set out in
Points a and b Clause 6 of this Article, except for the cases in Clause 9 of
this Article.
8. Where
an investment project has had its investment guidelines approved and the
transfer thereof does not change any content of approval for the investment
guidelines in one of the cases mentioned in Points a, b, c, d, dd and e Clause
3 Article 41 of the Law on Investment, the transferor shall follow the
procedures for adjusting the decision on investor approval instead of the
procedures for approving the adjustment of the investment guidelines. To be
specific:
a) The
transferor shall submit to the investment registration authority 04 sets of the
application prescribed in Clause 5 of this Article in which the application
form for investment project adjustment is replaced with the application form for
approval for change of investor;
b) Within
03 working days from the receipt of the valid applications, the investment
registration authority shall send them to concerned competent authorities at
the same level about the compliance with regulations set out in Points b, c and
d Clause 4 Article 33 of the Law on Investment;
c) Within
15 days from the receipt of the valid applications, the enquired authorities
shall give their opinions about the contents under their state management to
the investment registration authority;
d) Within
25 days from the receipt of the valid applications, the investment registration
authority shall prepare an appraisal report on the contents in Points b, c and
d Clause 4 Article 33 of the Law on Investment and submit it to the provincial
People’s Committee;
dd)
Within 07 working days from the receipt of the applications and appraisal
report, the provincial People’s Committee shall decide to approve the change of
investor;
e) The
decision on approval for change of investor shall record the transferor,
transferee and part of the project transferred (if any), and be sent to the
investment registration authority, transferor and transferee.
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10. For
an investment project that has been issued with the investment registration
certificate and not subject to approval for its investment guidelines or has
had its investment guidelines approved in a case other than the case specified
in Clause 3 Article 41 of the Law on Investment, the procedures for adjusting
the project are as follows:
a) The
transferor shall submit 01 set of the application specified in Clause 5 of this
Article to the investment registration authority;
b) The
investment registration authority shall consider the conditions for project
transfer set forth in Clause 1 Article 46 of the Law on Investment to adjust
the investment project in accordance with Article 47 hereof. The adjusted
investment registration certificate shall be sent to the transferor and
transferee.
11.
Procedures for adjusting an investment project in case where a foreign investor
receives the investment project (transferee) and establish a business
organization to execute the project:
a) The
transferor shall follow the procedures for project adjustment in accordance
with the corresponding regulations specified in Clauses 6, 7, 8 and 10 of this
Article;
b) After
completing the procedures set out in Point a of this Clause, the transferee
shall follow procedures for establishing a business organization in accordance
with regulations of law on enterprises corresponding to each type of business
organization. From the date on which the enterprise registration certificate or
another equivalent document is issued, the business organization established by
the foreign investor shall be the investor that executes the investment project
as prescribed in Clause 2 Article 22 of the Law on Investment.
Article 49. Adjustment of an investment project in case the
investor receives the investment project which is collateral
1. Any
credit institution, organization or individual that receives collateral which
is an investment project (hereinafter referred to as “the creditor”) is
entitled to transfer such investment project.
2. The
transferee is entitled to inherit the rights and obligations to execute the
investment project of the transferor under the project transfer contract and
relevant regulations of law.
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a) An
application form for adjustment;
b) The
project transfer contract between the creditor and the transferee;
c) A loan
agreement or credit extension agreement or debt purchase and sale contract (if
any);
d) A
secured transaction contract or written confirmation of secured transaction (if
any);
dd) A
written confirmation of auction winning in case where the creditor or civil
enforcement agency holds an asset auction (if any);
e) Copies
of documents about the legal status of the transferor and transferee;
g) A copy
of the investment registration certificate; the decision on approval for
investment guidelines; the decision on investor approval (if any);
h) A copy
of one of the following documents of the transferee: financial statements for the last 02 years or equity audit report of
the investor, commitment of the parent company
to provide financial support or commitment of a financial institution to
provide financial support, guarantee for the investor’s financial capability or
a document describing the investor’s financial capability;
i) A
creditor’s written confirmation of legal status of the collateral.
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a) Where an investment project has had its investment
guidelines approved together with the approval of investor and the whole of the
project is transferred in the case in Point g Clause 3 Article 41 of the Law on
Investment, the creditor or transferee shall submit an application specified in
Clause 3 of this Article and follow the procedures for adjusting the project in
accordance with the corresponding regulations laid down in Articles 44, 45 and
46 hereof;
b) Where
an investment project has had its investment guidelines approved and the
transfer thereof changes any content of approval for the investment guidelines
in one of the cases mentioned in Points a, b, c, d, dd and e Clause 3 Article
41 of the Law on Investment, the procedures for adjusting the project upon the
transfer are set out in Articles 44, 45 and 46 hereof, except for the case in
Clause 5 of this Article.
c) Where
an investment project has had its investment guidelines approved and the
transfer thereof does not change any content of approval for the investment
guidelines in one of the cases mentioned in Points a, b, c, d, dd and e Clause
3 Article 41 of the Law on Investment, it is not required to follow the
procedures for approving investment guideline adjustment. The creditor or
transferee shall follow the procedures for adjusting the decision on investor
approval in accordance with the corresponding regulations in Points a, b, c, d,
dd and e Clause 8 Article 48 hereof.
d) For an
investment project that has been issued with the investment registration
certificate and not subject to approval for its investment guidelines or has
had its investment guidelines approved in a case other than the case specified
in Clause 3 Article 41 of the Law on Investment, the creditor or investor shall
submit 01 set of the application specified in Clause 3 of this Article to the
investment registration authority to follow the procedures for adjusting the
project as prescribed in Article 47 hereof.
5. For an
investment project that has had its investment guidelines approved and has been
put into operation, it is not required to follow the procedures for approving
investment guideline adjustment upon transfer of the project.
6. If the
creditor wishes to receive and execute the investment project, the creditor
shall prepare an application and follow the procedures for project adjustment
in accordance with the corresponding regulations specified in Articles 44, 45,
46 and 47 hereof; the application for project adjustment shall additionally
include a secured transaction contract or written confirmation of secured
transactions; credit contract or written confirmation of debt; creditor’s
written confirmation of legal status of the collateral.
7. If the
foreign investor or business organization specified in Points a, b and c Clause
1 Article 23 of the Law on Investment receives the investment project and
establishes a business organization to execute the investment project, it is
required to follow the procedures for project adjustment in accordance with the
corresponding regulations specified in Articles 44, 45, 46 and 47 hereof, and
then establish the business organization in accordance with regulations of law
on enterprises corresponding to each type of business organization. The
transferee shall satisfy the conditions specified in Clause 2 Article 24 of the
Law on Investment.
8. For an investment project
executed before the effective date of the Law on Investment, the procedures for
project adjustment are specified in Article 117 hereof.
Article 50. Adjustment of investment project in case of
full division, partial division and merger of investment projects
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a) Full
division or partial division of the investor’s project that is being executed
(hereinafter referred to as “fully divided or partially divided project”) into
two or several projects;
b) Merger
of one or more of projects of such investor (hereinafter referred to as
“acquired project”) and one investment project of such investor (hereinafter
referred to as “acquiring project”).
2. The
full division, partial division or merger of an investment project in the form
specified in Clause 1 of this Article shall satisfy the following conditions:
a) The
conditions for use of land prescribed by the law on land, business investment
conditions (if any) and other conditions prescribed by law are satisfied;
b) It is
not allowed to change any of the conditions (if any) applicable to the investor
specified in the decision on approval for investment guidelines or investment
registration certificate prior to the full division, partial division or merger
of the investment project;
3.
Procedures for adjusting an investment project in case of its full division,
partial division or merger are as follows:
a) For
the investment project whose investment guidelines have been approved, the
investor shall submit 08 sets of application to the Ministry of Planning and
Investment or 04 sets of application to the investment registration authority
corresponding to the power to approve investment guidelines of the project.
The
application includes: An application form for project adjustment; report on the
project’s progress by the time of full division, partial division or merger;
investor’s decision on full division, partial division or merger of the project
or another equivalent document; documents about the investor’s legal status; a
copy of the investment registration certificate or decision on approval for
investment guidelines (if any); a copy of the decision on investor approval (if
any); explanation or documents relating to the
adjustment of the contents specified in Points b, c, d, dd, e, g and h
Clause 1 Article 33 of the Law on Investment (if any);
b) The
authority specified in Point a of this Clause shall consider the conditions for
full division, partial division or merger of the investment project set forth
in Clause 2 of this Article to follow the procedures for project adjustment in
accordance with the corresponding regulations in Articles 44, 45 and 46 hereof.
The decision on approval for adjustment of the investment guidelines shall be
sent to the investment registration authority and investor;
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Article 51. Adjustment of investment projects in case of
full division, partial division, consolidation, merger or conversion of type of
business organization
1. A
business organization that is formed on the basis of full division, partial
division, consolidation, merger or conversion of type of the business
organization (hereinafter referred to as “re-organization”) is entitled to
inherit and continue to exercise the re-organized business organization’s
rights and obligations to the investment project executed by the re-organized
business organization prior to the re-organization in accordance with
regulations of law on enterprises, land and relevant regulations of law.
2. The
investor shall decide the re-organization and settle assets, rights and
obligations relating to the investment project in accordance with regulations
of law on enterprises and relevant regulations of law. After the procedures for
re-organization and settlement of assets, rights and obligations relating to
the investment project, the investor shall submit an application for project
adjustment. The application includes:
a) An
application form for adjustment;
b) Copies
of the documents about the business organization’s legal status after the
re-organization;
c) A copy
of the resolution or decision of the investor being the re-organized business
organization on re-organization which specifies the settlement of assets,
rights and obligations relating to the project;
d)
Explanation or documents relating to the adjustment of the contents specified
in Points b, c, d, dd, e, g and h Clause 1 Article 33 of the Law on Investment
(if any);
dd) A
copy of the investment registration certificate; the decision on approval for
investment guidelines; the decision on investor approval (if any);
3. Where
an investment project has had its investment guidelines approved and the
adjustment thereof upon the re-organization changes any content of approval for
investment guidelines in one of the cases in Clause 3 Article 41 of the Law on
Investment, the investor shall submit 08 sets of the application specified in
Clause 2 of this Article to the Ministry of Planning and Investment or 04 sets
of the application specified in Clause 2 of this Article to the investment
registration authority corresponding to the power to approve investment
guidelines to adjust the investment project in accordance with the
corresponding regulations laid down in Articles 44, 45 and 46 hereof. The
decision on approval for adjustment of the investment guidelines shall be sent
to the investor and investment registration authority.
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5. Where
any business organization established on the basis of re-organization is
invested in by a foreign investor or business organization specified in Points
a, b and c Clause 1 Article 23 of the Law on Investment that is a general
partner or shareholder, it is required to satisfy the conditions in Clause 2
Article 24 of the Law on Investment and follow the procedures below:
a) If the
business organization that is formed on the basis of such re-organization
continues to execute part or whole of the investment project executed by the
re-organized business organization prior to the re-organization, it shall
follow the procedures for project adjustment as prescribed in Clauses 3 and 4
of this Article;
b) If the
business organization that is formed on the basis of such re-organization fails
to receive and execute part or whole of the investment project executed by the
re-organized business organization prior to the re-organization, the foreign
investor or business organization specified in Points a, b and c Clause 1
Article 23 of the Law on Investment shall set up an investment project and
follow procedures for issuance of the investment registration certificate or
approval for investment guidelines as prescribed in this Decree before the
business organization formed on the basis of the re-organization follows
procedures for enterprise registration due to the re-organization in accordance
with regulations of law on enterprises.
Article 52. Adjustment of investment projects in case of
exercise of rights to use land and property on land which is part of investment
projects for contributing capital to enterprises
1. An
investor is entitled to exercise the rights to use land and property on land
which is part of their investment project to contribute capital for
establishment of a business organization or contribute capital to an enterprise
in accordance with regulations of law on land and enterprises and relevant
regulations of law.
2. The
capital contribution prescribed in Clause 1 of this Article shall comply with
the following conditions:
a)
Conditions prescribed by law on land concerning rights and obligations of land
users and persons having property on land; rights and obligations of persons
receiving the rights to use land and property on land as contributed capital;
conditions for capital contribution and receipt of the rights to use land and
property on land as contributed capital;
b)
Conditions prescribed by the law on construction, housing and real estate
business (if any);
c)
Conditions specified in the decision on approval for investment guidelines,
decision on investor approval, investment registration certificate and
agreement (if any) between the competent authority and investor;
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dd)
Conditions for capital contribution, and purchase of shares and stakes
prescribed in Clause 2 Article 24 of the Law on Investment and Articles 15, 16
and 17 hereof applicable to foreign investors and business organizations
prescribed in Points a, b and c Clause 1 Article 23 of the Law on Investment;
e)
Fulfillment of financial obligations (if any) to the State as prescribed by
law.
3. The
investor contributing capital shall prepare an application for project
adjustment, including:
a) An
application form for adjustment;
b) A
report on the project’s progress by the time of capital contribution;
c) An
agreement between shareholders and members on exercise of the rights to use
land and property on land which is part of the project for enterprise
establishment or contribution of additional capital to the enterprise that is
operating;
d) Copies
of documents about the legal status of the investor contributing capital and
the investor receiving contributed capital;
dd) A
copy of the investment registration certificate, the decision on approval for
investment guidelines, the decision on investor approval (if any) of the
capital contributing party;
e) A copy
of the certificate of land use rights, certificate of certificate of ownership
of houses and land use rights or certificate of land use rights, ownership of
houses and other property on land.
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a) Apply
for enterprise registration or contribution of capital to the enterprise in
accordance with regulations of law on enterprises;
b) The
investor contributing capital shall submit the application prescribed in Clause
3 of this Article and follow the procedures for project adjustment specified in
Clauses 5 and 6 of this Article. The transfer of ownership of contributed property
by a member or shareholder to the enterprise shall comply with regulations of
law on enterprises and relevant laws.
5. Where
an investment project has had its investment guidelines approved and the
capital contribution changes any content of the decision on approval for
investment guidelines in one of the cases in Clause 3 Article 41 of the Law on
Investment, the investor contributing capital shall submit 08 sets of the
application specified in Clause 3 of this Article to the Ministry of Planning and
Investment or 04 sets of the application specified in Clause 3 of this Article
to the investment registration authority to follow the procedures for project
adjustment in accordance with the corresponding regulations laid down in
Articles 44, 45 and 46 hereof.
If part
of the rights to use land and property on land is contributed not in one of the
cases specified in Clause 3 Article 41 of the Law on Investment, the investor
contributing the capital is not required to follow the procedures for approving
adjustment of investment guidelines.
6. For an
investment project that has been issued with the investment registration
certificate and not subject to approval for its investment guidelines or has
had its investment guidelines approved in a case other than the case specified
in Clause 3 Article 41 of the Law on Investment, if the capital contribution
changes any content of the investment registration certificate, the investor
contributing capital shall submit 01 set of the application specified in Clause
3 of this Article to the investment registration authority to follow the
procedures for project adjustment in accordance with the corresponding
regulations prescribed in Article 47 hereof.
7. If a
business organization is established to execute the investment project that has
had its investment guidelines approved or has been issued with the investment
registration certificate, the investor and business organization shall satisfy
the conditions set out in Clause 2 of this Article. The business organization
established by the investor is entitled to inherit the investor’s rights and
obligations to execute the investment project. The investor establishing the
business organization shall follow the procedures for project adjustment in
accordance with the corresponding regulations prescribed in Clause 5 or 6 of
this Article.
Article 53. Adjustment of investment projects in case of
exercise of rights to use land and property on land which is part of investment
projects for business cooperation
1. An
investor is entitled to exercise the rights to use land and property on land
which is part of their investment project for business cooperation.
2. The
business cooperation prescribed in Clause 1 of this Article shall comply with
the following conditions:
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b)
Business cooperation conditions prescribed by relevant regulations of law (if
any).
3. The
investor carrying out business cooperation specified in Clause 1 of this
Article shall prepare an application for project adjustment, including:
a) An
application form for adjustment;
b) A
report on the project’s progress by the time of business cooperation;
c) A copy
of the business cooperation contract;
d) Copies
of documents about the legal status of parties participating in business
cooperation;
dd) A
copy of the investment registration certificate or decision on approval for
investment guidelines or decision on investor approval (if any) of the investor
exercising the rights to use land and property on land which is part of the
investment project for business cooperation;
e) A copy
of one of the following documents: the certificate of land use rights,
certificate of certificate of ownership of houses and land use rights or
certificate of land use rights, ownership of houses and other property on land;
g) A copy
of one of the following documents of the party participating in business
cooperation: financial statements for the last 02 years or equity audit report
of the investor, commitment of the parent company to provide financial support
or commitment of a financial institution to provide financial support,
guarantee for the investor’s financial capability or a document describing the
investor’s financial capability.
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a) Where
the business cooperation changes any content of the investment registration
certificate or decision on investor approval or any content of the decision on
approval for investment guidelines in one of the cases in Clause 3 Article 41
of the Law on Investment, the investor shall submit 08 sets of the application
specified in Clause 3 of this Article to the Ministry of Planning and
Investment or 04 sets of the application specified in Clause 3 of this Article
to the investment registration authority to follow the procedures for project
adjustment in accordance with the corresponding regulations laid down in
Articles 44, 45 and 46 hereof;
b) Where
the business cooperation does not change any content of the investment
registration certificate or decision on investor approval or any content of the
decision on approval for investment guidelines in one of the cases in Clause 3
Article 41 of the Law on Investment, the investor exercising the rights to use
land and property on land for business cooperation is not required to follow
the procedures for project adjustment as prescribed in Point a of this Clause.
5. For
the business cooperation contract signed between foreign investors or between a
domestic investor and a foreign investor, the investor exercising the rights to
use land and property on land which is part of the investment project for
business cooperation shall follow the procedures for project investment in
accordance with the corresponding regulations specified in Articles 44, 45 and
46 hereof if the business cooperation changes any content of the decision on
approval for investment guidelines in one of the cases in Clause 3 Article 41
of the Law on Investment, and shall adjust the investment registration
certificate as prescribed in Article 47 hereof. If such investment project has
not been issued with the investment registration certificate, the investor
shall follow the procedures for issuance of the investment registration
certificate as prescribed in this Decree.
Article 54. Adjustment of an investment project under a
judgment or decision of a court or arbitration body
1. Where
an investment project has to be adjusted under the effective judgment or decision
of a court or arbitration body, the investor shall, according to such decision
or judgment, adjust and continue to execute the project.
2. The
investor having the investment project that has to be adjusted as prescribed in
Clause 1 of this Article shall prepare an application for project adjustment,
including:
a) An
application form for adjustment;
b) A copy
of document about the investor's legal status;
c) The
effective judgment or decision of the court or arbitration body;
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3. For an
investment project whose investment guidelines have been approved, the investor
shall follow the procedures for project adjustment below:
a) The
investor having the investment project that has to be adjusted under the
effective judgment or decision of a court or arbitration body shall submit 01
set of the application specified in Clause 2 of this Article to the Ministry of
Planning and Investment or investment registration authority corresponding to
the power to approve investment guidelines;
b) Within
07 working days from the receipt of the application, the Ministry of Planning
and Investment or investment registration authority shall, according to the
effective judgment or decision, request the investment guideline approving
authority to adjust the decision on approval for investment guidelines. Within
05 working days from the receipt of the request, the investment guideline approving
authority shall adjust the decision on approval for investment guidelines.
Pursuant
to the decision on approval for adjustment of the investment guidelines, the investor
approving authority shall adjust the decision on investor approval (if any) or
the investment registration authority shall adjust the investment registration
certificate (if any). The decision on approval for adjustment of the investment
guidelines, decision on approval for change of investor or investment
registration certificate that has been adjusted shall be sent to the court or
arbitration body issuing the judgment or decision, enforcement agency and
investor.
4. For an
investment project that has been issued with the investment registration
certificate and not subject to approval for its investment guidelines or has
had its investment guidelines approved in a case other than the case specified
in Clause 3 Article 41 of the Law on Investment, the procedures for adjusting
the project are as follows:
a) The investor having the investment project that has to be
adjusted under the effective judgment or decision of a court or arbitration
body shall submit 01 set of the application specified in Clause 2 of this
Article to the investment registration authority;
b) Within 05 working days from the receipt of the
application, the investment registration
authority shall, according to the effective judgment or decision, adjust the
investment registration certificate. The adjusted investment registration
certificate shall be sent to the court or arbitration body issuing the judgment
or decision, enforcement agency and investor.
5. Where the investor fails
to follow the procedures for project adjustment according to the effective
judgment or decision of the court or arbitration body, the civil enforcement
agency, organization and individual that have the rights and obligations
related to the project are entitled to request a competent authority to approve
investment guidelines or the investment registration authority to follow the
procedures for project adjustment in accordance with the corresponding
regulations in Clauses 3 and 4 of this Article.
Article 55. Adjustment and extension of duration of
investment projects
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2.
Procedures for extending duration of the investment project according to Clause
4 Article 27 hereof are as follows:
a) For
the investment project whose investment guidelines have been approved, the
investor shall submit 04 sets of application to the Ministry of Planning and
Investment or the investment registration authority corresponding to the power
to approve investment guidelines of the project.
The
application includes: an application form for extension of the project’s
duration; decision on approval for investment guidelines; investment
registration certificate; decision on investor approval or equivalent document;
certificate of land use rights or equivalent document; document (s) proving the
financial capacity of the investor including at least one of the following
documents: the investor’s financial statements for the last two years;
commitment of the 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;
b) Within
03 working days from the receipt of the valid application specified in Point a
of this Clause, the Ministry of Planning and Investment or the investment
registration authority shall send the application to the land authority and
relevant authorities to seek their opinions about fulfillment of the conditions
specified in Clause 4 Article 44 of the Law on Investment and Clause 4 Article
27 hereof;
c) Within
10 days from the receipt of the valid application, the enquired authorities
shall give their opinions about fulfillment of the conditions specified in
Clause 4 Article 44 of the Law on Investment and Clause 4 Article 27 hereof;
d) Within
15 days from the receipt of the valid application, the Ministry of Planning and
Investment and investment registration authority shall consider the conditions
for extending the project’s duration prescribed in Clause 4 Article 44 of the
Law on Investment and Clause 4 Article 27 hereof to prepare an appraisal report
and submit it to the investment guideline approving authority.
dd)
Within 03 working days from the receipt of the report, the investment guideline
approving authority shall decide to extend the project’s duration;
e) For an
investment project that has been issued with the investment registration
certificate and not subject to approval for its investment guidelines, the
investor shall submit 04 sets of the application specified in Point a of this
Clause to the investment registration authority. The investment registration
authority shall follow the corresponding procedures in Points b, c, d and dd of
this Clause to extend the project’s duration.
3. For an investment project
that uses land, within 06 months before the expiration of its duration, the investor
shall follow the extension procedures set out in Clause 2 of this Article.
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Article 56. Conditions and procedures for suspension of
investment projects
1. An
investment project shall be suspended in the cases specified in Clauses 1, 2
and 3 Article 47 of the Law on Investment.
2. The
total period of suspension of an investment project shall not exceed 12 months.
If the investment project is suspended according to a court’s effective
judgment or decision, effective arbitral award or investment authority’s
decision, the suspension period shall be determined according to the court’s
judgment or decision, effective arbitral award or investment authority’s
decision. If these documents do not specify the suspension period, the
total suspension period shall not exceed the period prescribed in this Clause.
3.
Suspension procedures are as follows:
a) If the investor decides to suspend the investment project
himself/herself/itself as prescribed in Clause 1 Article 47 of the Law on
Investment, such investor shall send a notification to the investment registration authority within 05 working days
from the date of making the decision. The investment registration authority
shall receive the notification and notify the project suspension to relevant
authorities;
b) If the
investment authority decides to suspend the investment project, such authority
shall, according to the competent authorities’ opinions about the cases
specified in Clause 2 Article 47 of the Law on Investment to decide to suspend
part or whole of the investment project and notify relevant authorities and
investor. The investment authority or competent authorities in the fields
specified in Points a, b, c and dd Clause 2 Article 47 of the Law on Investment
shall make a record prior to deciding to suspend or suspend part of the
investment project. Where the investment project is suspended according to the
court’s judgment or decision or arbitral award, the investment authority shall,
according to the court’s effective judgment or decision or effective arbitral
award, decide to suspend part or whole of the investment project;
c)
Regarding an investment project that is detrimental or potentially detrimental
to the national defense and security, the provincial People’s Committee shall
send a written notification to the Ministry of Planning and Investment. The
notification shall contain the following contents: the investor executing the
project; objectives, locations and contents of the project, process of
executing the project; assessment of impacts or potential impacts of the
project on national defense and security; proposal that part or whole of the
project is suspended. At the request of the provincial People's Committee, the
Ministry of Planning and Investment shall seek opinions of the Ministry of
National Defense and Ministry of Public Security for submission thereof to the
Prime Minister for decision to suspend part or whole of the project.
Article 57. Conditions and procedures for termination of
investment projects
1. An
investment project shall be terminated in the cases specified in Clauses 1 and
2 Article 48 of the Law on Investment.
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a) If the
investor decides to terminate the investment project himself/herself/itself as
prescribed in Point a Clause 1 Article 48 of the Law on Investment, such
investor shall send the termination decision to the investment registration
authority within 15 days from the date of making the decision together with the
investment registration certificate (if any);
b) If the
investment project is terminated according to the conditions set out in the
contract or enterprise's charter or upon the expiration of the project’s
duration as specified in Points b and c Clause 1 Article 48 of the Law on
Investment, the investor shall notify and return the investment registration
certificate (if any) to the investment registration authority within 15 days
from the date of termination together with a copy of the document recording the
termination. The investment registration authority shall notify the project
termination to relevant authorities;
c) If the investment project is terminated according to
Clause 2 Article 48 of the Law on Investment, the investment registration authority shall decide to terminate
the project and revoke the investment registration certificate in the case of
the project issued with the investment registration certificate. The investment
registration certificate shall be invalidated from the effective date of the
decision on project termination.
3. For an
investment project operating under an investment certificate (also the business
registration certificate) or investment license, the investment registration
authority shall issue a decision on project termination without revoking the
investment certificate (also the business registration certificate) or
investment license. In this case, the business registration contents on the
investment certificate (also the business registration certificate) or investment
license is still effective.
Where an
enterprise has its business registration certificate revoked in accordance with
regulations of law on enterprises, the business registration authority shall
follow procedures for revoking the business registration contents on the
investment certificate (also the business registration certificate); contents
of the investment project remain effective.
4. If the
investor fails to follow the termination procedures specified in Point b Clause
2 of this Article, the investment registration authority shall follow the
termination procedures specified in Point c Clause 2 of this Article.
5. If the
investment project is terminated as prescribed in Points a, b and dd Clause 2
Article 48 of the Law on Investment, the investment registration authority
shall make a record prior to making a decision on termination. If the
investment project is terminated as prescribed in Point d Clause 2 Article 48
of the Law on Investment, the investment registration authority shall decide to
terminate the project after the land expropriation decision is issued.
6. If the
investor or investment registration authority decide to terminate part of the
investment project as prescribed in Clauses 1 and 2 Article 48 of the Law on
Investment, the investor is entitled to continue to execute part of the project
that is not terminated and concurrently follow the procedures for project
adjustment in accordance with the corresponding regulations in Articles 44, 45,
46 and 47 hereof.
7. If the
investment project is terminated together with the shutdown of the business
organization, the project shall be terminated as prescribed in this Article and
the investor shall follow procedures for shutdown of the business organization
in accordance with regulations of law corresponding to each type of the
business organization.
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a) The
investor shall liquidate the project himself/herself/itself in accordance with
regulations of law on asset liquidation;
b) For
the project which uses land allocated or leased out by the State or is
permitted by the State to repurpose land, the handling of the rights to use
land and property on land shall comply with regulations of law on land and
relevant regulations of law;
c) During
the project liquidation, if the investor being a business organization is
dissolved or on the verge of bankruptcy, the project liquidation shall comply
with regulations of law on dissolution and bankruptcy.
Article 58. Termination of an investment project in case
the investment registration authority cannot contact the investor
1. Where
a project is terminated and the investment registration authority cannot
contact the investor or the investor’s legal representative, the investment
registration authority shall follow the procedures below:
a) Make a
record on suspension of the investment project and failure to contact the
investor;
b) Send a
document to the address registered by the investor with the investment registration
authority to request the investor contact to the investment registration
authority to settle the project termination. If the investor fails to contact
within 30 days from the day on which the document is sent, the investment
registration authority shall follow the procedures mentioned in Point c of this
Clause;
c) Send a
written request for assistance in contacting the investor to the People’s
Committee of the commune where the investor resides (in the case of domestic
individual investors) or to the diplomatic mission in Vietnam of the country of
the investor’s nationality (in the case of foreign investors), and publish a
notice requesting the investor to contact the investment registration authority
within 90 days on the National Investment Portal for settling of the project
termination.
2. After
all measures specified in Clause 1 of this Article are taken and the investor
or the investor’s legal representative cannot be contacted after 12 months from
the date of termination of the project, the investment registration authority
shall issue a decision on project termination.
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4. The
competent authority shall, within its jurisdiction, perform the following
tasks:
a) The
investment registration authority shall appoint a person to supervise the
management of assets of the project terminated as prescribed in this Article at
the request of the competent authority or a person having relevant rights or
benefits, unless otherwise prescribed by law;
b) The
tax authority and customs authority shall take the measures prescribed by
regulations of law on tax administration and relevant regulations of law to
collect tax debts and other financial obligations (if any) of the investor to
the State;
c) The
land authority shall expropriate land and settle property on land if the
project is subject to land expropriation as prescribed by regulations of law on
land;
d) The
labor authority shall assist workers who lose their jobs and provide relevant
benefits in accordance with regulations of law on labor;
dd) Other
competent authorities shall perform state management of the investment project
within their jurisdiction as prescribed by law.
5. Every request or dispute
between the investor and other entities over rights and obligations relevant to
the investment project shall be settled by a court or arbitration body as
agreed upon by the parties and in accordance with Vietnam’s law.
Article 59. Termination of an investment project in case
the investor conducts investment activities on the basis of a sham civil
transaction in accordance with the civil law
1. The
investment registration authority shall decide to terminate whole or part of an
investment project if the investment conducts investment activities on the
basis of a sham civil transaction according to regulations of the civil law or
the effective judgment or decision of the court or arbitral award.
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3.
Procedures for terminating the investment project are specified in Article 57
hereof.
Article 60. Termination of an investment project under a
court's judgment or decision or arbitral award
According
to the court’s effective judgment or decision or arbitral award on the
termination of part or whole of the investment project, the investment
registration authority shall follow the termination procedures specified in Article
57 hereof.
Section 6. SOME REGULATIONS ON INVESTMENT ACTIVITIES IN
INDUSTRIAL PARKS, EXPORT-PROCESSING ZONES, HI-TECH ZONES AND ECONOMIC ZONES
Article 61. Investment in construction and commercial
operation of infrastructure in industrial parks, export-processing zones,
hi-tech zones and economic zones
1. The
investment in construction and commercial operation of infrastructure in
industrial parks and export-processing zones must be conformable to the
industrial park and export-processing zone construction planning approved by a
competent authority.
2. For
disadvantaged areas, the provincial People’s Committees shall, according to
specific local conditions, request the Prime Minister to decide to establish or
assign revenue-generating public service providers act as investors in the
project on construction and commercial operation of infrastructure in
industrial parks and export-processing zones.
3. Every
investor executing a project on investment in construction and commercial
operation of infrastructure in an industrial park, export-processing zone,
hi-tech zone or dedicated area of an economic zone is entitled to carry out the
following activities:
a)
Constructing buildings, offices, warehouses and depots for sale or for lease;
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c)
Collecting charges for use of infrastructure;
d)
Transferring the land use rights, leasing out and subleasing out land on which
technical infrastructure has been constructed in the industrial park,
export-processing zone, hi-tech zone or dedicated area of the economic zone to
other investors in accordance with regulations of law on land and real estate
business;
dd)
Carrying out other activities specified in the Law on Investment, this Decree,
Government’s regulations on industrial parks, export-processing zones, hi-tech
zones and economic zones, and relevant regulations of law.
Article 62. Execution of investment projects in industrial
parks, export-processing zones, hi-tech zones and economic zones
For the
investment project executed in an industrial park, export-processing zone,
hi-tech zone or economic zone, the investor is entitled to carry out the
following activities:
1.
Leasing or purchasing warehouses and depots to serve their business operation.
2. Using
and paying for the use of technical infrastructure and service facilities,
including systems of roads, electricity supply, water supply and drainage,
communications, wastewater treatment, waste treatment and other public
facilities (hereinafter referred to as “infrastructure charges”).
3.
Transferring and receiving the land use rights, leasing out and subleasing out
land on which technical infrastructure has been constructed to construct
buildings, offices and other works serving their business operation in
accordance with regulations of law on land and real estate business.
4.
Leasing out or subleasing out their buildings, offices and other works to serve
their business operation in accordance with regulations of law on land and real
estate business.
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Chapter V
ESTABLISHMENT OF BUSINESS ORGANIZATIONS
AND CONDUCT OF INVESTMENT ACTIVITIES BY FOREIGN INVESTORS
Article 63. Establishment of business organizations by
foreign investors
1. Except for the case in
Article 67 hereof, the foreign investor shall establish a business organization
and execute an investment project as follows:
a) In the
case of execution of a new investment project, the foreign investor shall
follow procedures for approval of investment guidelines and issuance of the
investment registration certificate to the new investment project, and
procedures for establishing a business organization in accordance with
regulations of law corresponding to each type of business organization;
b) In the
case of receipt of an investment project and establishment of a business
organization, the foreign investor shall follow procedures for issuance of the
investment registration certificate (if such project is not issued with the
investment registration certificate) or adjustment of the investment
registration certificate (if such project has been issued with the investment
registration certificate) and procedures for business organization
establishment in accordance with regulations of law corresponding to each type
of business organization.
2.
Documentation and procedures for establishment of the business organization
shall comply with regulations of law on enterprises or other law corresponding
to each type of business organization.
3.
Charter capital of a business organization established by a foreign investor
for execution of an investment project is not necessarily equal to the
investment capital of the investment project. The business organization
established by the foreign investor shall contribute capital and raise capital
from other sources to execute the investment project according to the schedule
on the investment registration certificate.
Article 64. Execution of investment projects and business
investment activities of foreign-invested business organizations
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a) The
business organizations specified in Point a through c Clause 1 Article 23 of
the Law on Investment shall follow procedures for issuance of the investment
registration certificate as set out in this Decree;
b)
Business organizations other than those specified in Point a of this Clause
shall implement the reporting regulation specified in Clause 5 Article 72 of
the Law on Investment. The report shall specify: The project’s name, investment
objectives, investment scale, investment capital, location, schedule, labor
demand, and investment incentives (if any).
2. A
foreign-invested business organization is entitled to adjust the contents of
enterprise registration at the business registration authority without
necessarily having an investment project. The addition of business lines by the
foreign-invested business organization must satisfy market access conditions
(if any) applied to a foreign investor.
3. A
foreign-invested business organization is entitled to establish branches,
representative offices and business locations outside its headquarters without
necessarily having an investment project. Applications and procedures for establishment
of a branch, representative office or business location of the business
organization shall comply with regulations of law on enterprises or other law
corresponding to each type of business organization.
4. When
making investment or trading securities on the securities market, every
foreign-invested business organization shall comply with regulations of law on
securities regarding investment procedures and holding of charter capital,
unless otherwise prescribed by international investment-related treaties
regarding holding of charter capital.
Article 65. Conditions and rules for conducting investment
activities by contributing capital, purchasing shares or purchasing stakes
1. Any
domestic investor that invests in contributing capital, purchasing shares or
purchasing stakes in a business organization established in Vietnam shall
comply with the conditions and procedures specified in the Law on Enterprises
and other law applicable to each type of business organization.
2. The
contribution of capital, purchase of shares or stakes on the securities market
shall comply with regulations of law on securities.
3. Wholly
state-owned enterprises and representatives of state capital invested in
enterprises shall comply with the conditions and procedures prescribed by
regulations of law on management and use of state capital invested in
manufacturing and business activities of enterprises; law on management and use
of public property and other relevant law upon conducting investment activities
by contributing capital, purchasing shares or purchasing stakes in
business organizations or transferring the stakes or shares to other
organizations and individuals.
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a) Market
access conditions applied to foreign investors upon capital contribution, and
purchase of shares and stakes in business organizations established in Vietnam
as prescribed in Clause 3 Article 9 of the Law on Investment and Articles 15,
16 and 17 of this Decree;
b)
Conditions concerning assurance of national defense and security and conditions
for land use applied to a business organization to which foreign investors
contribute capital or whose shares/stakes are purchased by foreign investors in
case such business organization has the certificate of rights to use land on
the island, in border commune, ward or town and coastal commune, ward or town;
other areas that affect defense and security, except for the business
organization executing the investment project in an industrial park,
export-processing zone, hi-tech zone or economic zone established under the
Government’s regulations.
5. Any
foreign organization or individual that receives shares or stakes in a business
organization established in Vietnam by a gift or exchange or another contract
of transfer of ownership rights as prescribed by law or through inheritance
shall satisfy the conditions set out in Clause 4 of this Article and follow
procedures in accordance with regulations applicable to foreign investors
making investment in the form of capital contribution, purchase of shares or
stakes.
Article 66. Procedures for conducting investment activities
by contributing capital, purchasing shares or purchasing stakes applicable to
foreign investors
1. Except
for the case specified in Clause 2 Article 26 of the Law on Investment, a
business organization in which foreign investors invest in the form of capital
contribution, purchase of shares or stakes shall follow procedures for
registration of a change of members or shareholders in accordance with
regulations of law on enterprises and other law corresponding to each type of business
organization.
2. The
business organization in which foreign investors invest in the form of capital
contribution, purchase of shares or stakes in the case specified in Clause 2
Article 26 of the Law on Investment shall submit 01 set of application for
registration of capital contribution or purchase of shares or stakes to
investment registration authority of the administrative division where the
business organization’s headquarters is located. The application includes:
a) A
registration form for capital contribution/purchase of shares/stakes, which
contains: enterprise registration information of the business organization to
which the foreign investors expects to contribute capital or whose
shares/stakes are expected to be purchased by the foreign investors; business
lines; list of owners, members and founding shareholders, list of owners,
members and founding shareholders that are foreign investors (if any); holding
of charter capital by foreign investors before and after the capital
contribution/purchase of shares/stakes in the business organization; expected
transaction value of the contract for capital contribution/purchase of
shares/stakes; information about the business organization’s investment project
(if any);
b) Copies
of legal documents of the individual or organization that contributes capital
or purchases shares/stakes and of the business organization to which foreign
investors contribute capital or whose shares/stakes are purchased by foreign
investors;
c) A
principal agreement on capital contribution or purchase of shares/stakes
between the foreign investors and the business organization to which foreign
investors contribute capital or whose shares/stakes are purchased by foreign
investors or between the foreign investors and the shareholders or members of
such business organization.
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3. For
the cases specified in Points a and b Clause 2 Article 26 of the Law on
Investment, within 15 days from the receipt of the valid application specified
in Clause 2 of this Article, the investment registration authority shall
consider the satisfaction of the conditions for capital contribution or
purchase of shares or stakes set out in Clause 2 Article 24 of the Law on
Investment and Clause 4 Article 65 of this Decree, and notify the investors,
except for the case in Clause 4 of this Article. The notification shall be sent
to foreign investors and business organization to which foreign investors
contribute capital or whose shares/stakes are purchased by foreign investors.
4. If the
business organization to which foreign investors contribute capital or whose
shares/stakes are purchased by foreign investors has the certificate of rights
to use land on an island or in a border or coastal commune; in a coastal
commune; in another area that affects national defense and security, the
investment registration authority shall follow the procedures below:
a) Within
03 working days from the receipt of the valid application specified in Clause 2
of this Article, the investment registration authority shall seek opinions of
the Ministry of National Defense and Ministry of Public Security about the
satisfaction of the conditions specified in Point b Clause 4 Article 65 of this
Decree.
b) Within
07 working days from the receipt of the investment registration authority’s
request, the Ministry of National Defense and Ministry of Public Security shall
give their opinions about the satisfaction of the conditions for national
defense and security assurance by the business organization to which foreign
investors contribute capital or whose shares/stakes are purchased by foreign
investors; in case of failure to give any opinion by the aforementioned
deadline, it is considered that it concurs with the satisfaction of the
conditions for national defense and security assurance by the business organization
to which foreign investors contribute capital or whose shares/stakes are
purchased by foreign investors;
c) Within
15 days from the receipt of the valid application, the investment registration
authority shall consider the satisfaction of the conditions for capital
contribution or purchase of shares or stakes specified in Clause 2 Article 24
of the Law on Investment and Clause 4 Article 65 of this Decree, and notify
investors according to the opinions given by the Ministry of National Defense
and Ministry of Public Security. The notification shall be sent to foreign
investors and business organization to which foreign investors contribute
capital or whose shares/stakes are purchased by foreign investors.
5. After
foreign investors are granted the approval for capital contribution or purchase
of shares or stakes as prescribed in Clauses 3 and 4 of this Article, the
business organization to which foreign investors contribute capital or whose
shares/stakes are purchased by foreign investors shall follow procedures for
change of members or shareholders at the business registration authority in
accordance with regulations of law on enterprises and other law corresponding
to each type of business organization. Rights and obligations of foreign
investors that act as members or shareholders of the business organization
shall be established after completing the procedures for change of members or
shareholders.
Article 67. Procedures for establishment of, capital
contribution or purchase of stakes in start-up SMEs and startup investment
funds
1. If a start-up SME is
established to execute an investment project as specified in Clause 8 Article
19 hereof or contributes capital or purchases shares or stakes in a start-up
SME to execute the investment project as specified in Clause 8 Article 19
hereof, the foreign investor shall follow the procedures applicable to domestic
investors in accordance with regulations of Law on Enterprises without having
to follow the corresponding procedures specified in Articles 22 and 26 of the
Law on Investment and Articles 63 through 66 of this Decree.
2. When establishing an
enterprise for the only purpose of managing a startup investment fund in
Vietnam in accordance with regulations of law on provision of assistance for
SMEs or contributing capital to this fund, the foreign investor shall follow
the procedures in accordance with the corresponding regulations of the Law on
Provision of Assistance for Small and Medium-sized enterprises without having
to follow the procedures specified in Articles 22 and 26 of the Law on
Investment and Articles 63 through 66 of this Decree.
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OUTWARD INVESTMENT ACTIVITIES
Section 1. GENERAL PROVISIONS
Article 68. Investors conducting outward investment
activities
1.
Enterprises established and operating under the Law on Enterprises and Law on
Investment.
2.
Cooperatives and cooperative unions established and operating under the Law on
Cooperatives.
3. Credit
institutions established and operating under the Law on Credit Institutions.
4.
Household businesses registered under Vietnam’s laws.
5.
Individuals holding Vietnamese nationality, except for the case specified in
Clause 2 Article 17 of the Law on Enterprises.
6. Other
organizations making business investment as prescribed by Vietnam’s law.
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1.
Sources of outward investment capital consist of money and other legal assets
of investors, including equity and loans in Vietnam transferred overseas and
profits obtained from outward investment projects and retained to carry out
investment activities in foreign countries.
2. Money
and other legal assets prescribed in Clause 1 of this Article include:
a)
Foreign currencies on the accounts opened at licensed credit institutions or
purchased from licensed credit institutions as regulated by law;
b)
Vietnamese dong conforming to Vietnam’s law on foreign exchange management;
c)
Machinery, equipment, supplies, raw materials, fuels, finished and
semi-finished goods;
d) Value
of intellectual property rights, technologies, brands and rights to assets;
dd)
Investors' shares, stakes and projects swapped at business organizations in
Vietnam and business organizations in foreign countries as prescribed in Clause
4 of this Article;
e) Other legal assets prescribed by regulations of civil law.
3.
Outward investment capital shall be used to contribute capital, grant loans to
foreign business organizations, pay for purchase of shares or stakes, fulfill
guarantee obligations that arise (if any) in order to make outward investment
in the forms specified in Points a, b, c and dd Clause 1 Article 52 of the Law
on Investment. The amounts of capital transferred overseas, when recovered and
repatriated, shall not be included in the capital transferred overseas.
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Article 70. Outward investment by foreign-invested business
organizations in Vietnam
For a
business organization over 50% of charter capital of which is held by the
foreign investor, the outward investment capital must be the equity, exclusive
of the capital contributed to conduct investment activities in Vietnam. If the
increased contributed capital is used for outward investment, the investor
shall follow the procedures for issuance of the outward investment registration
certificate as prescribed in this Decree and then follow the procedures for
increasing capital and fully contribute charter capital in Vietnam before
transferring investment capital overseas.
Article 71. Outward investment by state-owned enterprises
1.
Conditions for deciding investment, power and procedures for deciding or
terminating investment in outward investment projects of state-owned enterprises
shall comply with regulations of law on management and use of state capital
invested in manufacturing and business activities of enterprises and other
relevant regulations of law.
2. Every
agency representing state ownership shall decide guidelines for making outward
investment and terminating outward investment according to internal procedures
and regulations within its jurisdiction as prescribed by regulations of law on
management and use of state capital invested in manufacturing and business
activities of enterprises and other relevant regulations of law.
3. Every state ownership
representative agency has the responsibility to:
a) Decide
outward investment within its power and take responsibility for investment
efficiency as prescribed by regulations of law on management and use of state
capital invested in manufacturing and business activities of enterprises and
relevant regulations of law;
b)
Inspect and supervise outward investment activities; resolve difficulties in
implementation of regulations of law on outward investment;
c) Manage
and supervise the use of state capital for outward investment by state-owned
enterprises, state capital invested in enterprises under its management or in
which it acts as the representative of state ownership; assess the efficiency
in use of state capital invested in enterprises conducting outward investment
activities;
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Article 72. Conditions applicable to business lines subject
to conditional outward investment
1.
Regarding \ banking, insurance and securities specified in Points a, b and c
Clause 1 Article 54 of the Law on Investment, investors must satisfy the
conditions prescribed by regulations of law on banking, insurance and
securities and obtain a written approval from a competent authority.
2.
Regarding press, radio and television specified in Points d Clause 1 Article 54
of the Law on Investment, investors must be organizations that have been
granted the license to conduct press, radio and television activities in
Vietnam and the written consent from the Ministry of Information and
Communications.
3.
Regarding real estate business specified in Point dd Clause 1 Article 54 of the
Law on Investment, investors must be enterprises established under the Law on
Enterprises.
Article 73. Documents specifying locations of outward
investment projects
1. The following investment projects
must include documents specifying project locations:
a)
Projects subject to approval for their investment guidelines by the Prime
Minister or the National Assembly;
b) Energy
projects;
c)
Projects on livestock production, cultivation, afforestation and aquaculture;
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dd)
Projects on construction of factories and manufacturing and processing
facilities;
e)
Projects on investment in construction of works and infrastructure; projects on
investment in real estate business, except for the provision of the following
services: real estate brokerage, real estate exchange, real estate consulting
and real estate management.
2. A document specifying
project location is one of the following papers on which information on the
location is included:
a)
Investment license or equivalent document of the country or territory that
receives investment (hereinafter referred to as “the host country”);
b)
Decision on land allocation or land lease of the competent authority in the
host country;
c)
Contract awarding agreement; land allocation or land lease agreement;
investment and business cooperation contract enclosed with a document proving
relevant parties’ competence in the location in the contract;
d) Principal
agreement on land allocation, land lease, business location lease, transfer of
the rights to use land or property on land; agreement on investment and
business cooperation contract enclosed with a document proving relevant
parties’ competence in the location in the contract.
Article 74. Documents specifying forms of outward
investment
1.
Regarding an outward investment activity that is carried out under an overseas
contract as prescribed in Point b Clause 1 Article 52 of the Law on Investment,
the investor shall submit the investment agreement or contract with the foreign
partner or another equivalent document together with a document about the
foreign partner's legal status.
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3.
Regarding an outward investment activity that is carried out in another form of
investment as prescribed by regulations of law of the country receiving
investment as prescribed in Point dd Clause 1 Article 52 of the Law on
Investment, the investor shall submit a document specifying such form of
investment in line with regulations of law of the host country.
Section 2. PROCEDURES FOR ISSUANCE AND ADJUSTMENT OF
OUTWARD INVESTMENT REGISTRATION CERTIFICATES OF PROJECTS SUBJECT TO APPROVAL
FOR THEIR OUTWARD INVESTMENT GUIDELINES
Article 75. Applications for issuance of outward investment
registration certificates of projects subject to approval for their outward
investment guidelines
An
application includes:
1. The
documents specified in Clause 1 Article 57 of the Law on Investment.
2. For
the documents specified in Point dd Clause 1 Article 57 of the Law on
Investment, if the investor submits a commitment to balance foreign currency
sources, a credit institution’s certification of the balance of the investor's
foreign currency account must be enclosed.
3. The
tax authority’s certification of the investor’s fulfillment of the tax payment
obligation specified in Clause 5 Article 60 of the Law on Investment.
4. The
document specifying location of the outward investment project in the case
specified in Article 73 of this Decree.
5. The
document specifying the form of outward investment in the case specified in
Article 74 of this Decree.
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7. The
document confirming the fulfillment of the guarantee obligation that arises in
the case where the outward investment project contains the investor's guarantee
to grant a loan for project execution.
8. Other
relevant documents.
Article 76. Procedures for issuance of outward investment
registration certificates of projects subject to approval for their outward
investment guidelines
1. Procedures applicable to
projects subject to approval for their outward investment guidelines by the
National Assembly shall comply with the regulations laid down in Article 57 of
the Law on Investment and Government’s separate regulations on procedures for
appraising projects of national significance.
2. Procedures applicable to
projects subject to approval for their outward investment guidelines by the
Prime Minister are as follows:
a) The
investor shall declare information on the application for issuance of the
outward investment registration certificate on the National Investment
Information System and submit 08 sets of application (including 01 original
dossier) to the Ministry of Planning and Investment within the next 15 days.
The application will be accepted by the Ministry of Planning and Investment if
there are sufficient types and quantities of documents;
b) Within
03 working days from the receipt of the application, the Ministry of Planning
and Investment shall send it and written request for opinions to the State Bank
of Vietnam, Ministry of Finance, Ministry of Foreign Affairs, Ministry of
Labor, War Invalids and Social Affairs, relevant ministry and People’s Committee
of the province or central-affiliated city where investor's headquarters is
located or investor’s permanent residence is registered;
c) Within
15 days from the receipt of the written request for opinions and application,
the enquired authorities shall give their written opinions about the contents
under their management or assigned contents to the Ministry of Planning and
Investment;
d) Within
30 days from the receipt of the application, the Ministry of Planning and
Investment shall carry out appraisal, prepare an appraisal report on the
contents specified in Clause 3 Article 57 of the Law on Investment and submit
it to the Prime Minister for approval for the outward investment guidelines;
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e) Within
10 days from the receipt of the appraisal report, the Prime Minister shall
issue a decision on approval for the outward investment guidelines containing
the contents specified in Clause 8 Article 57 of the Law on Investment;
g) For
the state-owned enterprise’s outward investment project, after obtaining the
decision on approval for outward investment guidelines from the Prime Minister,
the competent authority prescribed by regulations of law on management and use
of state capital invested in manufacturing and business activities of
enterprises shall decide to make outward investment;
h) Within
05 working days from date of receiving the Prime Minister’s decision on
approval for outward investment guidelines as prescribed in Point e of this
Clause and making the decision on outward investment guidelines as prescribed
in Point g of this Clause, the Ministry of Planning and Investment shall issue
the investor with the outward investment registration certificate which
specifies the investment project code as prescribed in Article 37 of this
Decree and send its copy to the State Bank of Vietnam, Ministry of Finance,
Ministry of Foreign Affairs, Ministry of Labor, War Invalids and Social
Affairs, relevant ministry, People’s Committee of the province or
central-affiliated city where investor's headquarters is located or investor’s
permanent residence is registered, tax authority certifying the investor’s
fulfillment of the tax payment obligation and investor’s state ownership
representative agency (if any);
i) If the Prime Minister fails to approve the outward
investment guidelines, within 03 working days from the receipt of the document
stating the Prime Minister’s opinion, the Ministry
of Planning and Investment shall send the investor a written notification of
its refusal to issue the outward investment registration certificate and
reasons therefor.
Article 77. Applications and procedures for adjustment of
outward investment registration certificates of projects subject to approval
for their outward investment guidelines
1. An
application for adjustment of the outward investment registration certificate
includes:
a) The
documents specified in Clause 3 Article 63 of the Law on Investment.
b) The
documents specified in Points c, d, dd, e and g Clause 1 Article 57 of the Law
on Investment and Clauses 2, 4, 5, 6 and 7 Article 75 of this Decree related to
the adjustments;
c) Other
relevant documents.
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3.
Procedures for adjustment of the investment registration certificate for
the projects subject to approval for their outward investment guidelines or
approval for adjustment of their outward investment guidelines by the Prime
Minister are as follows:
a) The
investor shall declare information on the application for issuance of the
outward investment registration certificate on the National Investment
Information System and submit 08 sets of application (including 01 original
dossier) to the Ministry of Planning and Investment within the next 15 days.
The application will be accepted by the Ministry of Planning and Investment if
there are sufficient types and quantities of documents;
b) Within
03 working days from the receipt of the application, the Ministry of Planning
and Investment shall send it and written request for opinions to the State Bank
of Vietnam, Ministry of Finance, Ministry of Foreign Affairs, Ministry of
Labor, War Invalids and Social Affairs, relevant ministry and People’s
Committee of the province or central-affiliated city where investor's
headquarters is located or investor’s permanent residence is registered;
c) Within
15 days from the receipt of the written request for opinions and application,
the enquired authorities shall give their written opinions about the contents
under their management or assigned contents to the Ministry of Planning and
Investment;
d) Within
30 days from the receipt of the application, the Ministry of Planning and
Investment shall carry out appraisal, prepare an appraisal report on the
contents to be adjusted corresponding to the regulations set out in Clause 3
Article 57 of the Law on Investment, and submit it to the Prime Minister for
approval for the outward investment guidelines or approval for adjustment of
the outward investment guidelines;
dd)
During the appraisal, if there are issues that need clarifying, the Ministry of
Planning and Investment shall notify the investor in writing. After providing
explanation or making additions, if the project is ineligible to be submitted
to the Prime Minister for approval for its outward investment guidelines or
approval for adjustment of its outward investment guidelines, the Ministry of
Planning and Investment shall send the investor a written notification of its
refusal to issue the outward investment registration certificate;
e) Within
10 days from the receipt of the appraisal report, the Prime Minister shall
issue a decision on approval for the outward investment guidelines or approval
for adjustment of the outward investment guidelines containing the contents
specified in Clause 8 Article 57 of the Law on Investment;
g) For
the state-owned enterprise’s outward investment project, after obtaining the
decision on approval for outward investment guidelines or decision on approval
for adjustment of outward investment guidelines from the Prime Minister, the competent
authority prescribed by regulations of law on management and use of state
capital invested in manufacturing and business activities of enterprises shall
decide to adjust the outward investment activity;
h) Within
05 working days from date of receiving the Prime Minister’s decision on
approval for outward investment guidelines or decision on approval for
adjustment of outward investment guidelines and making the decision on adjustment
of the outward investment activity as prescribed in Point g of this Clause, the
Ministry of Planning and Investment shall adjust the outward investment
registration certificate and send a copy of the adjusted outward investment
registration certificate to the State Bank of Vietnam, Ministry of Finance,
Ministry of Foreign Affairs, Ministry of Labor, War Invalids and Social
Affairs, relevant ministry, People’s Committee of the province or
central-affiliated city where investor's headquarters is located or investor’s
permanent residence is registered, tax authority certifying the investor’s
fulfillment of the tax payment obligation and investor’s state ownership
representative agency (if any);
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Section 3. PROCEDURES FOR ISSUANCE AND ADJUSTMENT OF
OUTWARD INVESTMENT REGISTRATION CERTIFICATES OF PROJECTS NOT SUBJECT TO
APPROVAL FOR THEIR OUTWARD INVESTMENT GUIDELINES
Article 78. Applications and procedures for issuance of outward
investment registration certificates of projects not subject to approval for
their outward investment guidelines
1. An
application for issuance of the outward investment registration certificate
includes:
a) The
documents specified in Clause 2 Article 61 of the Law on Investment.
b) For
the documents specified in Point d Clause 2 Article 61 of the Law on
Investment, if the investor submits a commitment to balance foreign currency
sources, a credit institution’s written confirmation of balance of the investor's
foreign currency account must be enclosed.
c) The
tax authority’s certification of the investor’s fulfillment of the tax payment
obligation specified in Clause 5 Article 60 of the Law on Investment;
d) The
document specifying location of the outward investment project in the case
specified in Article 73 of this Decree;
dd) The
document specifying the form of outward investment in the case specified in
Article 74 of this Decree.
2.
Procedures for issuance of the outward investment registration certificate:
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b) The
Ministry of Planning and Investment shall inspect the validity of the
application; If the application is invalid or has to be clarified, the Ministry
of Planning and Investment shall notify the investor within 05 working days
from the receipt of the application;
c) If the
amount of foreign currency capital transferred overseas is VND 20 billion or
more, the Ministry of Planning and Investment shall request the State Bank of
Vietnam in writing to provide opinions as prescribed in Clause 3 Article 61 of
the Law on Investment. Within 07 working days from the receipt of the written
request for opinions, the State Bank of Vietnam shall give the Ministry of
Planning and Investment a written response to the conditions of the capital
transferred overseas before being issued with the outward investment
registration certificate; to the fulfillment of money transfer conditions by
the investor; to the borrowing, grant of loans to the foreign business
organization, guarantee offered to the foreign business organization and other
concerned issues;
d) If the
outward investment specifies that the investor grants a loan to the foreign
business organization to execute the project, after being issued with the
outward investment registration certificate, the investor must follow
procedures for approval for overseas lending in accordance with regulations of
law on foreign exchange;
dd) If
the outward investment project involves press, radio or television, the
Ministry of Planning and Investment shall send a written request for opinions
to the Ministry of Information and Communications as prescribed in Clause 2
Article 72 of this Decree. Within 07 working days from the receipt of the
written request, the Ministry of Information and Communications shall give a
written response to the Ministry of Planning and Investment;
e) Within
15 days from date of receiving the valid application, the Ministry of Planning
and Investment shall issue the outward investment registration certificate
which specifies the investment project code as prescribed in Article 37 of this
Decree and send its copy to the State Bank of Vietnam, Ministry of Finance,
Ministry of Foreign Affairs, Ministry of Labor, War Invalids and Social
Affairs, relevant ministry, People’s Committee of the province or
central-affiliated city where investor's headquarters is located or investor’s
permanent residence is registered, tax authority certifying the investor’s
fulfillment of tax payment obligation and investor’s state ownership
representative agency (if any);
g) If the application is invalid or fails to satisfy the
conditions for issuance of the outward investment
registration certificate, the Ministry of Planning and Investment shall send
the investor a written notification of its refusal to issue the outward investment registration certificate
and reasons therefor.
Article 79. Applications and procedures for adjustment of
outward investment registration certificates of projects not subject to
approval for their outward investment guidelines
1. An application for
adjustment of the outward investment registration certificate includes:
a) The documents specified in Clause 3 Article 63 of the Law
on Investment.
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c) The
document confirming the fulfillment of the guarantee obligation that arises in
the case where the outward investment project contains the investor's guarantee
to grant a loan to the foreign business organization for project execution.
2. Procedures for issuance
of the outward investment registration certificate:
a) The
investor shall declare information on the application for issuance of the
outward investment registration certificate on the National Investment
Information System and submit 03 sets of application (including 01 original
dossier) to the Ministry of Planning and Investment within the next 15 days.
The application will be accepted by the Ministry of Planning and Investment if
there are sufficient types and quantities of documents;
b) The Ministry
of Planning and Investment shall inspect the validity of the application; If
the application is invalid or has to be clarified, the Ministry of Planning and
Investment shall notify the investor within 05 working days from the receipt of
the application;
c) If the
amount of foreign currency capital transferred overseas is VND 20 billion or
more, the Ministry of Planning and Investment shall request the State Bank of
Vietnam to in writing to provide opinions as prescribed in Clause 3 Article 61
of the Law on Investment. Within 07 working days from the receipt of the
written request for opinions, the State Bank of Vietnam shall give the Ministry
of Planning and Investment a written response to the conditions of the capital
transferred overseas before being issued with the outward investment
registration certificate; to the fulfillment of money transfer conditions by
the investor; to the borrowing, grant of loans to the foreign business
organization, guarantee offered to the foreign business organization and other
concerned issues;
d) If the
outward investment specifies that the investor grants a loan to the foreign
business organization or gives a guarantee to grant a loan to the foreign
business execution, the investor shall follow procedures for approval for
overseas lending or fulfill the guarantee obligation that arises in accordance
with regulations of law on foreign exchange;
dd) If
the outward investment project involves press, radio or television, the
Ministry of Planning and Investment shall send a written request for opinions
to the Ministry of Information and Communications as prescribed in Clause 2
Article 72 of this Decree. Within 07 working days from the receipt of the
written request, the Ministry of Information and Communications shall give a
written response to the Ministry of Planning and Investment;
e) Within
15 days from date of receiving the valid application, the Ministry of Planning
and Investment shall adjust the outward investment registration certificate and
send a copy of the adjusted outward investment registration certificate to the
State Bank of Vietnam, Ministry of Finance, Ministry of Foreign Affairs,
Ministry of Labor, War Invalids and Social Affairs, relevant ministry, People’s
Committee of the province or central-affiliated city where investor's
headquarters is located or investor’s permanent residence is registered, tax
authority certifying the investor’s fulfillment of tax payment obligation and
investor’s state ownership representative agency (if any);
g) If the
application is invalid or fails to satisfy the conditions, the Ministry of
Planning and Investment shall send the investor a written notification of its
refusal to adjust the outward investment registration certificate and reasons
therefor.
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a) Within
01 month from the date on which a content of the outward investment project is
changed without resulting in the project being subject to the adjustment of the
outward investment registration certificate as prescribed in Clause 2 Article
63 of the Law on Investment, the investor shall access the account issued to
the outward investment project on the National Investment Information System
and update the change;
b) For
the content updated by the investor on the National Investment Information
System as prescribed in Point a of this Clause, the Ministry of Planning and
Investment shall record such content in the adjusted outward investment
registration certificate when the investor adjusts the outward investment
registration certificate.
Article 80. Online issuance and adjustment of outward
investment registration certificates
1. For an
application for issuance or adjustment of the outward investment registration
certificate that has an outward investment capital of less than VND 20 billion
and does not involve any conditional business line, the investor is entitled to
choose between submitting a physical application according to the corresponding
procedures specified in Article 78 or 79 hereof or submitting an online
application on the National Investment Information System with or without a
digital signature.
2.
Investment project codes, applications and procedures for issuance and
adjustment of outward investment registration certificates shall comply with
the corresponding regulations set forth in Articles 37 through 40 hereof.
Article 81. Procedures for re-issuance and correction of
information on outward investment registration certificates
Procedures
for re-issuance and correction of information on outward investment
registration certificates shall comply with the corresponding regulations set
forth in Article 41 hereof.
Section 4. EXECUTION OF INVESTMENT PROJECTS
Article 82. Overseas transfer of outward investment capital
overseas
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2. Every
investor is entitled to transfer foreign currency, goods, machinery and
equipment overseas before being issued with the outward investment registration
certificate to cover the costs of activities that set up their investment
project, including:
a) Market
and investment opportunity research;
b) Field
survey;
c)
Document study;
d)
Collection and purchase of documents and information relating to selection of
the project;
dd)
Consolidation, assessment, appraisal of the project including selection of a
consultant to carry out the assessment and appraisal;
e)
Organization of scientific seminars and conferences;
g)
Establishment and operation of overseas contact offices;
h)
Participation in international bidding, making deposits or other financial
guarantees, payment of costs and charges as requested by procuring entity, host
country in connection with the conditions for participation in bidding or
execution of the project;
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k)
Contract negotiation;
l)
Purchase or lease of assets for supporting the setting up of the project
overseas.
3. The
overseas transfer of foreign currency, goods, machinery and equipment prescribed
in Clause 2 of this Article shall comply with regulations of law on foreign
exchange, exportation, customs and technology.
4. The
limit of foreign currency transfer prescribed in Clause 2 of this Article shall
not exceed 5% of the total outward investment capital and not exceed USD
300,000, and shall be included in the total outward investment capital, unless
otherwise prescribed by the Government.
5. The
State Bank of Vietnam shall elaborate on management of foreign exchange for the
overseas transfer of foreign currency for carrying out the activities
prescribed in this Article.
6. The
transfer of capital in the form of machinery, equipment and goods from and to
Vietnam for the execution of outward investment projects must undergo customs
procedures according to regulations of law on customs. The Ministry of Finance
shall provide detailed instructions on overseas transfer of machinery,
equipment and goods for carrying out the activities prescribed in this Article.
Article 83. Outward investment reporting
1. After
the outward investment registration certificate is issued, the investor shall
be granted an account to access the National Investment Information System for
implement periodical reporting regulations.
2. Every
investor has the responsibility to send reports on progress of their outward
investment project as prescribed in Clauses 3, 4 and 5 Article 73 of the Law on
Investment; manage their account and sufficiently, punctually and accurately
update information on the National Investment Information System.
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4.
Actions against the investor’s failure to implement the reporting regulations as
prescribed:
a) The
Ministry of Planning and Investment shall issue a written warning for the first
violation;
b) Impose
penalties for administrative violations in accordance with regulations of law
on penalties for administrative violations against regulations on planning and
investment;
c)
Publish violations on the National Investment Information System, web portal of
the Ministry of Planning and Investment and other mass media.
Article 84. Financial obligations
1. Every
investor shall discharge all financial obligations related to outward
investment projects to the State of Vietnam in accordance with regulations of
law on tax.
2.
Investors that are state-owned enterprises shall discharge all financial
obligations related to outward investment projects to the State of Vietnam in
accordance with regulations of law on tax, tax administration, and use of state
capital invested in manufacturing and business activities of enterprises.
3. Import
and export tax exemption granted to the capital in the form of goods, machinery
and equipment transferred overseas to carry out investment activities and from
overseas to Vietnam shall comply with regulations of law on import and export
tax.
Article 85. Sending Vietnamese workers overseas to work for
overseas investment projects
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2.
Investors must follow all procedures for sending Vietnamese workers overseas to
work for outward investment projects; protect legitimate rights of Vietnamese
workers working overseas; assume responsibility for handling issues arising
from sending Vietnamese workers overseas to work for outward investment
projects in accordance with regulations of law on Vietnamese workers working
overseas under contracts and other relevant regulations.
Article 86. Termination of outward investment activities
1. After
terminating investment activities, the investor must liquidate their investment
project in accordance with laws of the host country.
2. Within
06 months from the date on which the tax finalization report or another
equivalent document is available according to laws of the host country in
connection with liquidation of the investment project, the investor must
repatriate all proceeds from the project liquidation.
3. If the
investor wishes to extend the time limit specified in Clause 2 of this Article,
at least 15 days prior to the expiration date, the investor shall submit an
application form specifying the reasons to the Ministry of Planning and
Investment for consideration and decision. Extension shall be granted only once
for a period not to exceed 06 months. Within 15 days from the receipt of the
application form, the Ministry of Planning and Investment shall give the
investor a written response to the extension.
4. Within
60 days from the date of completing the project liquidation and repatriation of
proceeds from the liquidation (if any), the investor shall follow procedures
for invalidating the outward investment registration certificate as prescribed
in Article 87 hereof.
Article 87. Applications and procedures for invalidation of
outward investment registration certificates
1. The investor shall submit
02 sets of the application for invalidation of the outward investment
registration certificate (including 01 original dossier). An application
includes:
a) An
application form for invalidation of the outward investment registration
certificate;
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c)
Decision on termination of outward investment project corresponding to the
regulations set out in Article 59 of the Law on Investment;
d)
Documents proving that the investor has completed the project termination and
liquidation, and repatriation of proceeds from the project termination and
liquidation as prescribed in Article 85 hereof;
dd)
Document about the investor’s legal status.
2. The
Ministry of Planning and Investment shall inspect the validity of the
application. If the application is invalid or has to be clarified, the Ministry
of Planning and Investment shall request the investor in writing to complete
it.
3. The
Ministry of Planning and Investment shall send a written request for opinions
to the State Bank of Vietnam about the investor’s foreign exchange
transactions; compliance with regulations of law on foreign exchange by the
investor, violations and imposition of penalties therefor within its power (if
any);
4. Within
15 days from the receipt of the valid application, the Ministry of Planning and
Investment shall issue an invalidation decision and revoke the outward
investment registration certificate and send a copy of the decision to the
State Bank of Vietnam, Ministry of Finance, Ministry of Foreign Affairs,
Ministry of Labor, War Invalids and Social Affairs, relevant ministry, People’s
Committee of the central-affiliated city or province where investor's
headquarters is located or investor’s permanent residence is registered, tax
authority certifying the investor’s fulfillment of the tax payment obligation
and investor’s state ownership representative agency (if any).
5. If the
outward investment project is terminated as prescribed in Point d Clause 1
Article 64 of the Law on Investment, prior to the transfer of entire outward
investment capital to the foreign investor and the project termination, the
investor must notify the State Bank of Vietnam.
6. If the
outward investment project is terminated as prescribed in Point dd Clause 1
Article 64 of the Law on Investment but the investor fails to follow procedures
for invalidating the outward investment registration certificate, the Ministry
of Planning and Investment shall, according to the Law on Investment and this
Decree, decide to invalidate the outward investment registration certificate
and send the invalidation decision to the investor and regulatory bodies
concerned. After the outward investment registration certificate is
invalidated, if the investor wishes to continue to execute the outward
investment project, such investor shall follow procedures for issuance of the
outward investment registration certificate as prescribed by the Law on
Investment and this Decree.
7. For a
project subject to approval for its outward investment guidelines, the investor
and authority deciding the outward investment shall terminate it and notify the
authority or person that has the power to approve outward investment
guidelines.
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INVESTMENT PROMOTION
Article 88. Contents of investment promotion
1.
Investment potential, market, trend and partner research.
2.
Creating images, disseminating and introducing investment environment,
policies, potentials, opportunities and matching.
3.
Supporting, providing instructions and facilitating investment activities.
4.
Building information system and database to serve investment promotion
activities.
5.
Compiling lists of projects attracting investment.
6.
Designing publications and documents to serve investment promotion activities.
7.
Providing training in and enhancing capacity for investment promotion.
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Article 89. Investment promotion methods
1. Investment promotion
activities shall be carried out adopting the following methods:
a)
Collecting information, consolidating and considering designing schemes,
reports and documents; building information system and database to serve
investment promotion activities; building investment web portals and websites;
b)
Organizing survey and research delegations in the country and foreign countries;
investment promotion delegation based on each specific theme or partner;
c)
Organizing investment promotion forums, conferences, workshops and seminars in
the country and foreign countries;
d)
Holding dialogues between agencies, organizations, enterprises and investors;
dd)
Connecting investors with regulatory bodies, with investors, with organizations
and individuals;
e)
Disseminate investment environment, policies and laws through domestic and
foreign mass media;
g)
Providing information and instructing investors to follow investment procedures
and administrative procedures related to investment;
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2. Investment promotion
activities may be carried out adopting one or more investment promotion methods
depending on the contents and requirements of each activity.
Article 90. Coordination in investment promotion activities
1.
Methods for coordinating investment promotion activities:
a)
Arranging investment promotion activities in an effective manner suitable for
domestic, international, territorial and local contexts and specific conditions
at stated times;
b)
Balancing contents, time, duration, schedule and composition of promotion
delegations and funding for investment promotion activities in a practical
manner.
2. The
Ministry of Planning and Investment acts as an agency in charge of assisting
the Government in coordinating investment promotion activities. The Ministry of
Planning and Investment has the responsibility to:
a)
instruct other Ministries, ministerial agencies and provincial People’s
Committees in designing annual promotion programs in conformity with investment
promotion plans and National Investment Promotion Program;
b)
coordinate the formulation and execution of the National Investment Promotion
Program;
c)
provide guidance on and coordinate investment promotion programs of other
Ministries, ministerial agencies and provincial People’s Committees.
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a)
coordinate their investment promotion programs;
b)
propose adjustments to the National Investment Promotion Program to the
Ministry of Planning and Investment;
c)
regularly review the conduct of investment promotion activities according to
the approved programs and update information thereon on the National Investment
Promotion Information System.
Article 91. Investment promotion agencies
1. The Ministry
of Planning and Investment acts as an agency assisting the Government in state
management of investment promotion activities nationwide.
2.
Ministries shall assign units in charge of carrying out investment promotion
activities by sectors and industries within their functions and power.
3. Every
Department of Planning and Investment acts as an agency in charge of assisting
the provincial People’s Committee in state management of investment promotion.
4.
Depending on specific demands and conditions, every provincial People’s
Committee shall establish an agency or department in charge of investment
promotion within its structure and provide facilities, working conditions,
salary and benefits, and cover operating costs. The establishment of an
investment promotion agency affiliated to a provincial People’s Committee must
be agreed upon by the Ministry of Home Affairs and the Ministry of Planning and
Investment before requesting the Prime Minister to consider and make a decision
as prescribed by law.
5. Overseas
agencies in charge of investment promotion:
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b)
Depending on specific conditions of each area, the Ministry of Planning and
Investment shall agree with the Ministry of Foreign Affairs on the number of
investment promotion personnel arranged at each mission. If there are 02
full-time investment promotion officials or more in an area, it is required to
establish an investment promotion department affiliated to the Vietnam's
overseas representative mission;
c)
Overseas agencies in charge of investment promotion shall be under professional
direction of the Ministry of Planning and Investment and comprehensive
direction of Vietnam’s overseas representative missions.
Article 92. National Investment Promotion Program
1. The
National Investment Promotion Program is a collection of national investment
promotion activities carried out in an inter-regional and inter-agency manner
by Ministries and provincial People’s Committees by using the state budget.
2.
Formulation of the National Investment Promotion Program:
a) The
National Investment Promotion Program shall be formulated on an annual basis.
The Ministry of Planning and Investment shall act as an agency in charge of
formulating a National Investment Promotion Program on the basis of proposals
of the presiding authority;
b) Before
May 30, the presiding authority shall send the proposal for execution of the
National Investment Promotion Program of the next year to the Ministry of
Planning and Investment in writing and on the National Investment Promotion
Information System. The proposals sent after this deadline shall be included in
the National Investment Promotion Program of the succeeding year;
c) Before
June 30, the Ministry of Planning and Investment shall notify the presiding
authority of requests for adjustment or supplementation (if any) in writing and
on the National Investment Promotion Information System;
d) Before
July 15, the presiding authority shall comply with the requests for adjustment
or supplementation (if any) and send a confirmation of compliance with the
requests to the Ministry of Planning and Investment and electronically on the
National Investment Promotion Information System;
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e) Within 20 days from the date on which the Ministry of Finance notifies the budget expenditure
estimate, the Ministry of Planning and Investment shall approve the National
Investment Promotion Program of the next year and send it to the presiding
authority in writing and on the National Investment Promotion Information
System;
g)
According to the approved National Investment Promotion Program, the investment
promotion authority affiliated to the Ministry of Planning and Investment shall
sign a contract with the presiding authority for assigning the task of
conducting investment promotion activities; advance, pay and settle the
financial assistance under the signed contract.
3.
Adjustment to the National Investment Promotion Program:
a) If the
request for adjustment of an activity of the approved National Investment
Promotion Program, the presiding authority shall send a request to the Ministry
of Planning and Investment in writing and on the National Investment Promotion
Information System specifying the reasons and proposed adjustment plan;
b) Within
15 days from the receipt of the written request, the Ministry of Planning and
Investment shall consider deciding to adjust the activity of the approved
National Investment Promotion Program; notify relevant authorities in writing
and on the National Investment Promotion Information System.
4. The
Ministry of Planning and Investment shall provide for forms for formulation and
adjustment of the National Investment Promotion Program.
Article 93. Investment promotion programs of Ministries,
ministerial agencies and provincial People’s Committees
1. Provide guidance on
formulation of investment promotion programs:
a) The
Ministry of Planning and Investment shall formulate an investment promotion
program in each period of socio-economic development in order to orienting the
investment promotion nationwide;
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2.
Formulation of investment promotion programs:
a) Before
May 30, Ministries, ministerial agencies and provincial People’s Committees
shall submit intended investment promotion programs of the next year to the
Ministry of Planning and Investment in writing and on the National Investment
Promotion Information System. The intended investment promotion programs
submitted after this deadline shall be included in the investment promotion
program of the succeeding year;
b) Before
July 30, the Ministry of Planning and Investment shall give its opinions about
the investment promotion programs of the next year of Ministries, ministerial
agencies and provincial People’s Committees in writing and on the National
Investment Promotion Information System;
c) Before
August 30, on the basis of agreement with the Ministry of Planning and
Investment, Ministries, ministerial agencies and provincial People’s Committees
shall approve investment promotion programs of the next year and submit them to
the Ministry of Planning and Investment in writing and on the National
Investment Promotion Information System.
3. Based
on the execution of the investment promotion programs and specific conditions,
after reaching an agreement with the Ministry of Planning and Investment,
Ministries, ministerial agencies and provincial People’s Committees shall
decide to adjust the investment promotion programs; notify the Ministry of
Planning and Investment in writing and on the National Investment Promotion
Information System.
4. The
Ministry of Planning and Investment shall provide for forms for formulation and
adjustment of investment promotion programs of Ministries, ministerial agencies
and provincial People’s Committees.
Article 94. Investment promotion during state high-level
external relation activities
1. For
state high-level external relation activities that involve investment promotion
activities, presiding authorities shall cooperate with the Ministry of Planning
and Investment, Ministry of Foreign Affairs and relevant authorities in
formulating investment promotion plans.
2. The
presiding authorities shall organize the conduct of investment promotion
activities according to plans agreed upon with the Ministry of Planning and
Investment, Ministry of Foreign Affairs or agencies assigned to be in charge of
organizing state high-level external relation activities.
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a) Comply with regulations, internal regulations, requests
and guidance of presiding authorities, Ministry
of Planning and Investment, Ministry of Foreign Affairs and Ministry of Public
Security or agencies in charge of organizing state high-level external relation
activities;
b) appoint appropriate representatives to participate in investment promotion activities and assume total
responsibility for the appointment.
Article 95. Cooperation between investment promotion and
trade, tourism and economic diplomacy promotion
1.
Ministries, ministerial agencies and provincial People’s Committees shall
preside over carrying out joint investment promotion activities together with
trade or tourism or economic diplomacy promotion activities or together with a
combination of such activities. These activities require the cooperation and
agreement with the Ministry of Planning and Investment on the contents of investment
promotion during the process of formulating programs and organizing the
execution thereof.
2.
Contents of cooperation:
a)
Notifying the plan to organize joint trade, tourism and economic diplomacy
promotion activities related to investment promotion to the Ministry of
Planning and Investment 07 days in advance in writing and through the National
Investment Promotion Information System;
b)
Reaching an agreement with the Ministry of Planning and Investment on the
contents of investment promotion in joint trade, tourism and economic diplomacy
promotion activities.
Article 96. Investment promotion activities not funded by
state budget
1.
Investment promotion activities not funded by state budget shall be carried out
by agencies, organizations and individuals in Vietnam and foreign countries by
using the funding sources specified in Points b, c and d Clause 1 Article 97
hereof.
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3. Any
agency, organization, enterprise or individual carrying out investment
promotion activities must send a notification at least 15 days before carrying
out the investment promotion activities and notify results thereof to the
Department of Planning and Investment at least 15 days after the completion.
The notification shall be made in writing and on the National Investment
Promotion Information System.
Article 97. Funding for investment promotion activities
1. The funding for
investment promotion activities shall be covered by:
a) State budget;
b)
contributions of organizations and enterprises participating in the activities;
c)
donations of domestic and foreign organizations and individuals;
d) Other
legal funding sources prescribed by law.
2.
Estimation and allocation of state budget for investment promotion activities
with regard to the investment promotion activities of Ministries and
ministerial agencies:
a)
Ministries and ministerial agencies consolidate and send estimates of funding
for investment promotion activities after reaching an agreement with the
Ministry of Planning and Investment together with the annual budget plans of
Ministries, ministerial agencies and Governmental agencies to the Ministry of
Finance;
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c)
Ministries and ministerial agencies shall, according to the budget estimate
assigned by the Ministry of Finance, prepare detailed budget estimates of their
affiliated units to carry out investment promotion activities.
3. For
investment promotion activities of provincial People’s Committees, with the
Ministry of Planning and Investment’s written agreement to carry out investment
promotion activities, the provincial People’s Committees shall, within local
government budget, assign tasks and provide funding to their affiliated units
to carry out investment promotion activities. The funding for investment
promotion activities shall be included in the annual local government budget
estimate.
4. For
investment promotion activities carried out on a scheduled basis according to
the working programs of leaders of the State and Government, with the agreement
of the Ministry of Planning and Investment, the presiding authority shall make
an estimate, propose funding and send them to the Ministry of Finance for
consideration and decision as prescribed by the Law on State Budget.
5. For
the National Investment Promotion Program, the Ministry of Planning and
Investment shall preside over and cooperate with the Ministry of Finance in
formulating an annual budget estimate plan.
Chapter VIII
STATE MANAGEMENT OF INVESTMENT
Section 1. TASKS AND ENTITLEMENTS OF MINISTRIES,
MINISTERIAL AGENCIES, PROVINCIAL PEOPLE'S COMMITEES AND RELEVANT AUTHORITIES
Article 98. State management of investment activities in
Vietnam
1. The
Ministry of Planning and Investment shall assist the Government in performing
uniform state management of investment in Vietnam; perform the tasks and
exercise the entitlements related to state management of investment activities
as prescribed in Clause 2 Article 69 of the Law on Investment and other tasks
and entitlements as prescribed in this Decree and as assigned by the Government
and Prime Minister.
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a) The
Ministry of Finance shall cooperate with relevant regulatory bodies in
appraising and commenting on issues concerning finance of investment projects
and Government guarantees for investment projects subject to approval for
investment guidelines by the National Assembly and Prime Minister, and other
infrastructure development projects;
b) The
Ministry of Natural Resources and Environment shall preside over and cooperate
with relevant regulatory bodies in providing guidance on and inspecting the
implementation of regulations on natural resources and environmental protection
relating to investment activities; appraising and commenting on issues
concerning land and environmental protection of investment projects;
c) The
Ministry of Science and Technology shall preside over and cooperate with
relevant regulatory bodies in establishing regulations on investment in science
and technology and submitting them to competent authorities for promulgation,
instruction, and inspection and inspection of implementation thereof;
appraising and commenting on issues concerning science and technology of
investment projects subject to approval for their investment guidelines by the
National Assembly and Prime Minister;
d) The
Ministry of Construction shall preside over and cooperate with relevant
regulatory bodies in establishing regulations on construction of investment
projects and submitting them to competent authorities for promulgation,
instruction, and inspection of implementation thereof; appraising and
commenting on issues concerning state management of construction of investment
projects;
dd) The
Ministry of National Defense and Ministry of Public Security shall, within
their jurisdiction, formulate and promulgate or request a competent authority
to promulgate the documents defining areas that affect national defense and
security as prescribed in the Law on Investment, this Decree and law on
national defense and security; comment on the satisfaction of requirements for
national defense and security assurance as prescribed in this Decree;
e) The State Bank of Vietnam shall preside over and cooperate
with relevant regulatory bodies in establishing regulations on credit and foreign exchange management related to investment
activities and submitting them to
competent authorities for promulgation, instruction, and inspection and
inspection of implementation thereof; commenting
on issues concerning credit and foreign exchange management of investment projects subject to approval for their
investment guidelines by the National Assembly and Prime Minister;
g) Other
Ministries and ministerial agencies shall perform the tasks and exercise the
entitlements specified in Clause 3 Article 69 of the Law on Investment and
other tasks and entitlements in accordance with this Decree and relevant law
provisions.
3. Tasks and entitlements of
provincial People’s Committees:
a)
Develop plans for attracting sources of investment capital; make and publish
the list of local projects calling for investment;
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c)
Direct, provide guidance on, supervise and inspection the performance of tasks
by investment registration authorities during issuance of the investment
registration certificate and management of investment activities in their
provinces;
d) Direct
investment registration authorities, business registration authorities and
land, environment and construction authorities to implement associated
procedures to facilitate investment activities by investors;
dd)
Perform the tasks and exercise the entitlements specified in Clause 4 Article
69 of the Law on Investment and other tasks and entitlements in accordance with
this Decree and relevant law provisions.
Article 99. State management of outward investment
activities
1. The
Ministry of Planning and Investment shall perform the tasks and exercise the
entitlements related to state management of outward investment activities as
prescribed in Clause 2 Article 69 of the Law on Investment and other tasks and
entitlements as prescribed in this Decree.
2. Tasks
and entitlements of the Ministry of Finance:
a) Make comments about applications for approval for their
outward investment guidelines of projects subject to approval for their outward
investment guidelines by the National Assembly
and the Prime Minister regarding finance, tax and customs-related issues; make
comments about fields under its management regarding difficulties in outward investment
facing partially state-owned enterprises at the request of the Prime Minister
or the Ministry of Planning and Investment;
b)
Monitor the fulfillment of financial obligations by investors to the Vietnam’s
state budget; review and assess the efficiency in outward investment by
partially state-owned enterprises as prescribed by law;
c) Comply
with regulations on reporting of fulfillment of financial obligations by
investors to the State of Vietnam; review and assess the efficiency in use of
state capital invested in enterprises making outward investment and the state
management of outward investment activities as prescribed in Article 73 of the
Law on Investment.
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a)Promulgate
or request competent authorities to promulgate regulations of law, mechanisms
and policies on grant of loans for outward investment, and foreign exchange
management relating to outward investment activities;
b)
Inspect and supervise within its power the transfer of money from and to
Vietnam related to outward investment projects;
c) Act as
an agency in charge of cooperating with ministries in establishing and
requesting competent authorities to promulgate regulations on guidelines and
procedures for considering granting approval for overseas lending to business
organizations and guarantees for non-residents;
d) Comply
with regulations on reporting of transfer of foreign currency from Vietnam
abroad (before and after being issued with the outward investment registration
certificate) and transfer of foreign currency from foreign countries to Vietnam
related to outward investment as prescribed in Article 73 of the Law on
Investment.
4. Tasks
and entitlements of the Ministry of Foreign Affairs:
a)
Preside over and cooperate with the Ministry of Planning and Investment and
ministries concerned in establishing and promulgate or request competent
authorities to promulgate regulations of law and mechanisms of Vietnamese
overseas representative missions’ mechanisms for provision of assistance and
protection of legitimate rights and interests of Vietnamese investors in the
host countries;
b)
Comment on outward investment project dossiers at the request of the Prime
Minister or the Ministry of Planning and Investment;
c) Direct
Vietnamese overseas representative missions to cooperate with relevant agencies
in charge in monitoring and supporting investment activities by Vietnamese
investors in the host countries when necessary; assist the Ministry of Planning
and Investment and competent authorities in verifying information relating to
investment activities by Vietnamese investors in areas under their management
upon request;
d) Comply with regulations on reporting of Vietnamese overseas representative missions’ assistance in Vietnam’s investment activities in the
host countries as prescribed in Article 73 of the Law on Investment.
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a)
Preside over and cooperate with the Ministry of Planning and Investment and
ministries in establishing and promulgating or requesting competent authorities
to promulgate regulations of law, mechanisms and policies on commerce,
technology and energy related to outward investment activities;
b)
Inspect and supervise commercial, technology and energy activities related to
outward investment activities related to outward investment activities;
c) Comply
with regulations on reporting of outward investment in the fields of commerce,
technology and energy as prescribed in Article 73 of the Law on Investment.
6. Tasks
and entitlements of the Ministry of Labor, War Invalids and Social Affairs:
a)
Establish and promulgate or request competent authorities to promulgate
regulations of law, mechanisms and policies on management and employment of
Vietnamese workers related to outward investment activities;
b)
Comment on the issues in the field of labor related to outward investment
activities at the request of the Prime Minister or the Ministry of Planning and
Investment;
c)
Inspect and supervise within its power the sending of Vietnamese workers
overseas to work for overseas investment projects;
d) Comply
with regulations on reporting of the sending of Vietnamese workers overseas to
work for overseas investment projects as prescribed in Article 73 of the Law on
Investment.
7. Tasks
and entitlements of other ministries and ministerial agencies:
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b)
Comment on the issues in the fields of state management as assigned in relation
to outward investment activities at the request of the Prime Minister or the
Ministry of Planning and Investment;
c)
Inspect and supervise within its power the issues in the fields of state
management as assigned in relation to outward investment activities;
d) Comply
with regulations on reporting of outward investment under its management as
prescribed in Article 73 of the Law on Investment.
8. Tasks and entitlements of
Vietnam's overseas representative missions:
a)
Cooperate with relevant authorities in collecting information and assisting
Vietnamese investors in business investment activities and compliance with
regulations of law of the host countries; protecting legitimate rights and
interests of Vietnamese investors in foreign countries; assisting, enabling and
removing difficulties facing Vietnamese investors during the execution of
investment projects in the host countries in accordance with the regulations
laid down in the Law on Overseas Representative Missions of the Socialist
Republic of Vietnam; assisting the Ministry of Planning and Investment and
competent authorities in verifying information relating to business investment
activities by Vietnamese investors in areas under their management upon
request;
b) On an
annual or ad hoc basis, submit reports on Vietnamese overseas representative
missions’ assistance in Vietnam’s business investment activities to the
Ministry of Foreign Affairs in areas under their management for consolidation
and submission to the Ministry of Planning and Investment as prescribed.
Article 100. Tasks and entitlements of investment promotion
agencies
1. Tasks and entitlements of
the Ministry of Planning and Investment:
a)
Preside over and cooperate with ministries, ministerial agencies and provincial
People's Committees in formulating investment promotion orientations, programs
and plans; providing guidance on formulation of annual investment promotion
programs of ministries, ministerial agencies and provincial People’s
Committees; consolidate, formulate and execute the National Investment
Promotion Program;
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c) Carry
out investment promotion activities of the investment promotion programs
specified in Point a of this Clause;
d)
Supervise, review and assess the investment promotion, supervise and inspect
the efficiency in investment promotion activities;
dd)
Cooperate with the Ministry of Foreign Affairs and Ministry of Home Affairs in
requesting the Prime Minister to order and appoint agencies in charge of
investment promotion in foreign countries; perform state management of
investment promotion with regard to agencies in charge of investment promotion
in foreign countries;
e) Provide training in investment promotion;
g)
Periodically report to the Prime Minister the status and orientations for
investment promotion activities.
2. Tasks
and entitlements of the Ministry of Finance:
a)
Preside over and cooperate with the Ministry of Planning and Investment in
providing guidance on specific limits on use of funding from state budget and
regulations on financial management of investment promotion activities;
b)
Cooperate with the Ministry of Planning and Investment, other Ministries,
ministerial agencies and provincial People’s Committees in formulating a plan
on funding for investment promotion within the National Investment Promotion
Program, investment promotion programs of Ministries, ministerial agencies and
provincial People’s Committees;
c)
Preside over and cooperate with the Ministry of Foreign Affairs and Ministry of
Planning and Investment in providing state funding for investment promotion activities
of overseas investment promotion units;
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dd)
Provide guidance on estimation, allocation, use and settlement of funding for
investment promotion activities;
e)
Preside over and cooperate with the Ministry of Planning and Investment in
providing guidance on collection and use of costs of registering the national
investment promotion information system.
3. Tasks
and entitlements of the Ministry of Foreign Affairs:
a)
Cooperate with the Ministry of Planning and Investment, other Ministries, ministerial
agencies and provincial People’s Committees in implementing investment
promotion programs and activities together with investment promotion activities
in external relation;
b) Assist
and participate in carrying out investment promotion activities in foreign
countries as approved in a notice of the Ministry of Planning and Investment;
except for new investment promotion activities, Vietnam’s overseas
representative missions shall notify and reach an agreement with the Ministry
of Planning and Investment prior to carrying out such activities;
c)
Preside over and instruct Vietnam’s overseas representative missions to manage
activities of overseas agencies in charge of investment promotion;
d)
Preside over and cooperate with the Ministry of Planning and Investment and
Ministry of Home Affairs in requesting the Prime Minister to decide the
establishment and payroll of overseas agencies in charge of investment
promotion;
dd) At
the request of the Ministry of Planning and Investment, decide to appoint officials
working at overseas agencies in charge of investment promotion and award them
diplomatic titles;
e)
Provide sufficient facilities, vehicles, working conditions and funding for
overseas agencies in charge of investment promotion.
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a)
Preside over and cooperate with the Ministry of Planning and Investment,
Ministries and ministerial agencies concerned in formulating investment
promotion programs and plans; providing guidance on formulation of annual
investment promotion programs of ministries, ministerial agencies and
provincial People’s Committees; propose activities that should be included in
the National Investment Promotion Program;
b) Carry
out investment promotion activities within their power;
c)
Cooperate with other Ministries, ministerial agencies and provincial People’s
Committees in investment promotion activities.
Section 2. REGULATIONS ON REPORTING OF INVESTMENT
ACTIVITIES, INVESTMENT PROMOTION ACTIVITIES AND OPERATION OF NATIONAL
INVESTMENT INFORMATION SYSTEM
Article 101. Contents of reports and reporting period of
investment authorities
1.
Reports submitted by investment registration authorities to provincial People’s
Committees include:
a)
Quarterly reports made before the 15th of the first month of the quarter
succeeding the reporting quarter, which specify: receipt of applications,
issuance, adjustment and revocation of investment registration certificates,
and status of the investment projects;
b) Annual
reports made before April 10 of the year succeeding the reporting year, which
specify: assessment of investment over the whole year, the expected plan for
attraction and disbursement of investment capital for the next year and a list
of investment projects in which investors are currently interested.
2. Every
quarter and every year, the People’s Committee of each province shall
consolidate reports submitted by investment registration authorities under
their management in order to report to the Ministry of Planning and Investment
as set out in Clause 1 of this Article after 05 working days from the deadline
for investment registration authorities to report.
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a) The
Ministry of Finance shall quarterly provide information on issuance, adjustment
and revocation of investment registration certificates or equivalent documents
of insurers and securities companies; consolidate annual financial statements
of foreign-invested business organizations nationwide to make annual reports on
norms related to export, import, financial status and amounts payable to state
budget of foreign-invested business organizations. The reporting time is prior
to the 12th of the first month of the quarter succeeding the reporting quarter
in the case of quarterly reports and 31 May of the year succeeding the
reporting year;
b) The
Ministry of Industry and Trade shall submit quarterly reports on issuance,
adjustment of investment registration certificates, termination and business
outcomes of foreign investment projects in the field of petroleum exploration
and extraction in Vietnam before the 15th of the first month of the quarter
succeeding the reporting quarter;
c) The
Ministry of Justice shall submit quarterly reports on issuance and adjustment
of investment registration certificates, shutdown and business outcomes of
branches and law firms before the 15th of the first month of the quarter
succeeding the reporting quarter;
d) The
State Bank of Vietnam shall submit quarterly reports on issuance and adjustment
of investment registration certificates, shutdown and business outcomes of
commercial presences in Vietnam of foreign finance companies and foreign credit
institutions before the 15th of the first month of the quarter succeeding the
reporting quarter;
dd) The
Ministry of Labor, War Invalids and Social Affairs shall submit annual reports
on registration and licensing of foreign workers in foreign-invested business
organizations before April 15 of the year succeeding the reporting year;
e) The
Ministry of Science and Technology shall submit annual reports on technology
transfer by foreign-invested business organizations before April 15 of the year
succeeding the reporting year;
g)
Provincial People’s Committees shall submit to the Ministry of Planning and
Investment and Ministry of Natural Resources and Environment annual reports on
allocation and lease of land to and use of land by foreign-invested business
organizations before April 15 of the year succeeding the reporting year.
4. The
Ministry of Planning and Investment shall annually consolidate and submit
reports on nationwide investment to the Prime Minister as set out in Point dd
Clause 2 Article 72 of the Law on Investment.
Article 102. Contents of reports and reporting period of
business organizations executing investment projects
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2.
Quarterly reports shall be submitted by the 10th of the first month of the
quarter succeeding the reporting quarter, which specify: capital, net revenue,
export, import, workers, taxes, amounts payable to state budget, use of land
and water surface.
3. Each
annual report shall be submitted by March 31 of the next year, which specifies:
information on the quarterly reports, profit, income of workers, expenditures
on and investment in scientific research and technology development,
environmental protection, environmental issues resolution, and origins of
technologies used.
Article 103. Contents of investment promotion reports and
investment promotion reporting period
1.
Ministries and provincial People’s Committees shall monitor progress, review and
submit reports on investment promotion activities of the National Investment
Promotion Program; investment promotion programs of their sectors and with
regard to implementation result, completeness and funding on an annual basis
before January 31 of the next year.
2. The
Ministry of Planning and Investment shall annually consolidate and submit
reports on nationwide investment promotion to the Prime Minister in the second
quarter of the next year.
Article 104. Reporting methods
1.
Reporting of investment projects:
a)
Business organizations executing investment projects shall submit online
reports through the National Investment Information System;
b)
Investment registration authorities shall submit reports in writing and online
on the National Investment Information System.
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a)
Ministries and provincial People’s Committees shall submit written reports to
the Ministry of Planning and Investment and online reports on the National
Investment Promotion Information System;
b)
Agencies presiding over investment promotion activities shall submit online
reports through the National Investment Information System.
3. The Ministry of Planning
and Investment shall provide for report forms, expedite and inspection the
implementation of reporting regulations as prescribed in this Decree.
Article 105. Mechanisms for cooperation in management and
operation of the National Investment Information System
1. The
Ministry of Planning and Investment shall preside over and cooperate with
relevant regulatory bodies in developing and operating the National Investment
Information System; provide instructions on its management, operation, and use.
2.
Ministries and provincial People’s Committees shall update and provide
information about investment activities under their management on the National
Investment Information System; organize the operation and use of the National
Investment Information System in accordance with the Law on Investment, this
Decree and relevant regulations.
3.
Investment registration authorities shall use the National Investment
Information System to receive applications, issue, adjust, revoke investment
registration certificates; monitor and assess the execution of investment
projects; implement investment reporting regulations and instruct business
organizations executing investment projects to use the National Investment
Information System in accordance with this Decree.
4. The
agency in charge of management and operation of the National Investment
Information System and National Enterprise Registration Information System
shall exchange information about enterprise registration by foreign-invested
business organizations, capital contribution, purchase of shares/stakes by
foreign investors when they follow the procedures specified in Article 63 and
Article 66 of this Decree, investment conditions applied to foreign investors,
and list of conditional business lines and business investment conditions as
prescribed.
5. The
agency in charge of management and operation of the National Investment
Information System shall consolidate information about investment promotion
nationwide; organize the use and provision of information and assist agencies,
organizations and enterprises in conducting investment promotion and investment
matching activities.
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7. The
Ministry of Planning and Investment shall provide specific instructions on
management, operation and use of the National Investment Information System.
Chapter IX
IMPLEMENTATION CLAUSE
Section 1. AMENDMENTS TO SOME DECREES RELATED TO BUSINESS
INVESTMENT
Article 106. Amendments to the Government’s Decree No.
46/2014/ND-CP dated May 15, 2014 on land and water surface rents
Amendments
to the Government’s Decree No. 46/2014/ND-CP (amended by the Government's
Decree No. 135/2016/ND-CP dated September 09, 2016, Decree No. 35/2017/ND-CP
dated April 03, 2017 and Decree No. 123/2017/ND-CP dated November 14, 2017:
1. Clause
4 is added to Article 19 as follows (replacing Clause 4 repealed under the
Decree No. 35/2017/ND-CP):
“4. With
respect to the investment projects specified in Clause 2 Article 20 of the Law
on Investment, the Prime Minister shall decide that the duration of exemption
from land and water surface rents does not exceed 1.5 times the duration of
application of the exemption from land and water surface rents specified in
Point d Clause 3 Article 19 of this Decree and does not exceed the duration of
the investment projects.”.
2. Clause
2 is added to Article 20 as follows (replacing Clause 2 repealed under the
Decree No. 35/2017/ND-CP):
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Article 107. Amendments to the Government’s Decree No.
52/2020/ND-CP dated April 27, 2020 on golf course investment and business
1.
Article 10 is amended as follows:
“Article
10. Procedures for approving investment guidelines, issuing investment
registration certificates, approving investors and adjusting golf course
projects
1. The power, applications
and procedures for approving investment guidelines, approving investors,
issuing investment registration certificates, adjusting projects on approving
investors and adjusting golf course investment and business projects shall
comply with regulations of law on investment and this Decree.
2. A golf
course investment and business project proposal shall consist of the contents
required by regulations of law on investment and this Decree, including an
explanation for satisfaction of the rules and conditions stated in Articles 3,
5, 6,7 and 8 of this Decree.
3.
Regulations of law on investment and this Decree shall apply to the contents of
appraisal of a request for approval for investment guidelines and appraisal of
adjustments to a golf course investment and business project, including an
assessment of the satisfaction of the rules and requirements stated in Articles
3, 5, 6,7 and 8 of this Decree.”.
2. Clause
2 of Article 13 and Clauses 3 and 4 of Article 14 are repealed.
3. Clause
4 of Article 16 is amended as follows:
“4.
Approve investment guidelines of golf course projects within their power in
accordance with regulations of law on investment; consolidate and assess the
approval for of such investment guidelines and the execution of golf course
projects within their provinces.”.
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1. Point
b Clause 1 of Article 1 is amended as follows:
“b)
Investment projects using land for construction of urban areas; construction of
civil works having one or more functions, including commercial housing; office
buildings; commercial and services works;”.
2. Clause
4 of Article 4 is amended as follows:
“4. In
addition to the responsibility to publish the information specified in Point c
Clause 1 of this Article, information about any land-using project whose total
estimated cost of project execution (excluding costs of compensation,
assistance and relocation, land levy and land rent) is VND 800,000,000,000 or
over shall be published in English and Vietnamese language on the website of
the provincial People’s Committee (if any).
This
Clause does not apply to projects belonging to prohibited business lines in
accordance with regulations of law on investment.”.
3. Point
a Clause 2 of Article 10 is amended as follows:
“a) The
project belongs to a prohibited business line as prescribed by the Law on
Investment;”.
4. Article 11 is amended as follows:
“Article
11. Conditions for determining whether an investment project uses land
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1. The
project is the one specified in Point b Clause 1 Article 1 of this Article but
does not use public investment capital to construct works. Projects on
construction of urban areas and commercial housing; office buildings;
commercial and services works shall be classified in accordance with
regulations of law on construction. In the case of a project having multiple
functions, the determination of whether the project uses land shall be carried
out based on its main work or main work at the highest level if the project has
multiple main works in accordance with regulations of law on construction.
2. The
project is on the approved list of projects on land that needs expropriating in
accordance with regulations of law on land, located in a land area that is
currently being managed or used by the State but will be allocated or leased
out by the provincial People’s Committee or economic zone management board to
the approved investor.
3. The
project belongs to a residential housing development program or plan in
accordance with regulations of law on housing; an urban development program (if
any) in accordance with regulations of law on urban development.
4. The
project conforms to the socio-economic development plan or construction
planning on a scale of 1/2.000 or 1/5.000 (if any); or the urban zoning
planning a scale of 1/2.000 or 1/5.000 as prescribed by law.
5. The
project is not qualified to hold a land use right auction in accordance with
regulations of law on land.
6. The
project does not fall into the case specified in Point b Clause 4 Article 22
and Article 26 of the Law on Bidding.”.
5. Article 12 is amended as follows:
“Article
12. List of land-using investment projects
1. The project specified in
Article 11 of this Decree shall be incorporated into the list of land-using
investment projects. To be specific:
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According
to the decision on approval for investment guidelines under regulations of law
on investment, the Department of Planning and Investment shall cooperate with
relevant authorities in determining preliminary requirements on the investor’s
capacity and experience, and submit a report to the President of the provincial
People’s Committee for approval prior to announcing the list of projects. For
the project executed in an economic zone, the economic zone management board shall
determine and approve preliminary requirements on the investor’s capacity and
experience prior to announcing the list of projects.
b) For the project not subject to approval for its investment
guidelines in accordance with regulations of law on investment, the compilation
and approval of the list of land-using investment projects shall comply with
Clauses 2 and 3 of this Article.
2. Compile a list of
land-using projects regarding the project not subject to approval for its
investment guidelines in accordance with regulations of law on investment:
a) If the
project is set up by a specialized agency affiliated to the provincial People’s
Committee or agency affiliated to the provincial or district-level People's
Committee:
The
specialized agency affiliated to the provincial People’s Committee or agency
affiliated to the provincial or district-level People's Committee shall prepare
and submit a land-using investment project proposal to the Department of
Planning and Investment for consolidation. The proposal shall contain the
project’s name; objectives; scale; total estimated cost of project execution,
investment capital; capital raising plan; investment duration and schedule;
information about current use of land in the project location, expected demand
for land use (if any); purposes of land; approved planning criteria; language
used to publish the list of projects; analysis of socio-economic efficiency of
the project, assurance of national defense and security assurance, and
sustainable development of the project and preliminary requirements on the
investor’s capacity and experience.
b) If the
project is proposed by an investor:
The
investor is entitled to propose to execute an investment project using land not
included in the list of land-using investment projects as approved by the
President of the provincial People’s Committee. The investor shall prepare and
submit a project proposal to Department of Planning and Investment for
consolidation. The proposal consists of:
- A
written request for permission to execute the land-using project, including a
commitment to bear all the costs and risks if the proposal is rejected;
-
Contents of the project proposal shall contain the project’s name; investment
objectives; investment scale; total estimated cost of project execution,
investment capital; capital raising plan; investment duration and schedule;
analysis of socio-economic efficiency of the project, assurance of national
defense and security assurance, and sustainable development of the project;
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-
Documents about the investor’s legal status, capacity and experience;
- Other
documents (if any) required to explain the project proposal.
3.
Approve the list of land-using investment projects:
a) Within
30 days from the receipt of the project proposal specified in Point a or b
Clause 2 of this Article, the Department of Planning and Investment shall
cooperate with relevant authorities in compiling the list of land-using
investment projects; assessing the satisfaction of the conditions for
determining whether an investment project uses land prescribed in Article 11 of
this Decree; determine preliminary requirements on the investor’s capacity and
experience, and submit a report to the President of the provincial People’s
Committee. Where necessary, the duration of implementation may be extended upon
request.
b) Within
10 days from the receipt of the report, the President of the provincial
People’s Committee shall consider approving the list of land-using investment
projects, including the preliminary requirements on the investor’s capacity and
experience.
4.
Announce the list of projects”
a)
According to the decision on approval for investment guidelines under
regulations of law on investment or the approved list of land-using investment
projects, the Department of Planning and Investment or the economic zone
management board (for the project executed in an economic zone) shall publish
the list of projects as prescribed in Point c Clause 1, Clause 4 Article 4 and
Clause 2 Article 5 of this Decree.
b)
Information to be published includes:
-
Project’s name; investment objectives; investment scale; total estimated cost
of project execution, investment capital; capital raising plan; investment
duration and schedule;
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-
Preliminary requirements on the investor’s capacity and experience;
-
Deadline for the investor to submit the application for registration of project
execution;
- The
investor shall submit the application for registration of project execution
through the National Bidding Network System;
- Other
information (if necessary).”.
6. Article 13 is amended as follows:
“Article
13. Preparation, submission and preliminary assessment of capacity and
experience of investors
1.
Investors shall prepare and submit an application for registration of project
execution on the National Bidding Network System according to the information
published according to Point b Clause 4 Article 12 of this Decree. The
application for registration of project execution shall include the application
form; documents about the investors’ legal status, capacity, experience, and
other relevant documents (if any).
2. Upon
the expiry of the time limit for registration of project execution, the
Department of Planning and Investment or economic zone management board (for
the project executed in an economic zone) shall carry out preliminary
assessment of the capacity and experience of the investors that have submitted
applications for registration of project execution on the National Bidding
Network System.
3.
According to the result of preliminary assessment of capacity and experience,
the authority specified in Clause 2 of this Article shall make a submission to
the President of the provincial People's Committee or the economic zone
management board (for the project executed in an economic zone) for decision to
organize the implementation in one of the cases specified in Clauses 4, 5 and 6
of this Article.
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a) The
President of the provincial People’s Committee shall issue a decision to carry
out competitive bidding as prescribed in Clause 1 or Clause 2 Article 10 of
this Decree and assign a specialized agency affiliated to the provincial
People’s Committee or the district-level People’s Committee to act as the
procuring entity.
b) The
head of the economic zone management board shall issue a decision to carry out
competitive bidding as prescribed in Clause 1 or Clause 2 Article 10 of this
Decree and assign an unit affiliated to the economic zone management board to
act as the procuring entity with regard to the project executed in the economic
zone.
5. If
only one investor carries out the registration and satisfies preliminary
requirements on capacity and experience or multiple investors carry out the
registration but only one investor satisfies preliminary requirements on
capacity and experience, it is required to follow the procedures for investor
approval in accordance with regulations of law on investment.
6. Under
the competent authority’s decision and approval specified in Clauses 4 and 5 of
this Article, the Department of Planning and Investment or economic zone
management board (for the project executed in an economic zone) shall publish a
list of qualified investors on the National Bidding Network System or send a
notification of completion of procedures for announcing the list of projects if
there is not any investor satisfying preliminary requirements on capacity and
experience.”.
7. Article 16 is amended as follows:
a) Clause
1 is amended as follows:
“1.
Selection of investors in the projects specified in Point c Clause 1 Article 1
of this Decree shall be carried out as follows:
a) The
list of projects (including preliminary requirements on capacity and
experience) must be approved and made publicly available on the National
Bidding Network System, serving as the basis for determination of investors
interested in and submitting applications for registration of project
execution.
b) If
there are two investors or more satisfying the preliminary requirements on
capacity and experience, the bidding shall be held by applying the competitive
bidding process, including:
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Organization of investor selection;
-
Assessment of the technical proposal; appraisal and approval of the list of
technically qualified investors;
- Opening
and assessment of the financial - commercial proposal;
-
Submission, appraisal, approval and publishing of investor selection results;
-
Negotiation, completion and execution of a contract.
c) If
only one investor carries out the registration and satisfies preliminary
requirements on capacity and experience or multiple investors carry out the
registration but only one investor satisfies preliminary requirements on
capacity and experience, it is required to follow the procedures for investor
approval in accordance with regulations of law on investment.
d) If
there is not any investor satisfying preliminary requirements on capacity and
experience, it is required complete the procedures for announcing the list of
projects.”;
b) Clause
3 is amended as follows:
“3.
Regarding the projects specified in Point c Clause 1 Article 1 of this Decree,
Ministries, ministerial agencies and Governmental agencies shall, according to
special legislation, promulgate or request the Prime Minister to promulgate
regulations on compilation, approval and announcement of the list of projects;
methods and standards for bid evaluation, proposals and other contents (if
any), ensuring competitiveness, fairness, transparency and economic, including
the contents.”.
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“1. Rules
for contract conclusion
a) The
proposed successful bid price (money proposed to be paid to the state budget by
the selected investor in the bid package) shall be the value of the signed
contract.
b) The
costs of project execution and costs of compensation, assistance and relocation
proposed by the selected investor in the bid package shall be recorded in the
contract; if the change of planning, policy or law affects such costs,
regulations of law on investment, construction, land, planning, housing and
real estate business, and other relevant regulations of law shall apply.
c) Land
levy or land rent payable as determined in accordance with regulation of law on
land plus the amount of payment to the state budget as proposed by the selected
investor shall be recognized as market price at the time of land allocation or
land lease specified in the contract.”.
9.
Article 60 is amended as follows:
The
phrase “nhà đầu tư” (“investor”) is replaced with “nhà đầu tư trúng thầu hoặc
doanh nghiệp dự án do nhà đầu tư trúng thầu thành lập để thực hiện dự án”
(“selected investor or project enterprise established by the selected investor
to execute a project”), “nhà đầu tư trúng thầu” (“selected investor”) is
replaced with “nhà đầu tư trúng thầu hoặc doanh nghiệp dự án do nhà đầu tư
trúng thầu thành lập để thực hiện dự án” (“selected investor or project
enterprise established by the selected investor to execute a project”).
Article 109. Amendments to the Government’s Decree No.
96/2016/ND-CP dated July 01, 2016 providing for security and order conditions
for a number of conditional business lines
1. Clause
10 of Article 3, Clause 7 of Article 6, Article 10 and Article 34 are repealed.
2. The
phrase “kinh doanh dịch vụ đòi nợ” (“debt collection services”) is removed from
Point c Clause 3 of Article 19 and Point a Clause 2 of Article 24.
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Clauses 2
and 3 Article 66 of the Government’s Decree No. 82/2018/ND-CP dated May 22,
2018 on management of industrial parks and economic zones are repealed.
Article 111. Amendments to the Government’s Decree No. 11/2013/ND-CP
dated January 14, 2013 on management of investment in urban development
1.
Article 29 is amended as follows:
“Article
29. Collecting appraisal opinions on request for approval for investment
guidelines of projects on investment in urban area construction
1. The approval for
investment guidelines of projects on investment in urban area construction
shall comply with regulations of law on investment.
2. During
the process of appraising a project on investment in urban area construction to
approve investment guidelines, the Ministry of Planning and Investment shall
seek appraisal opinions of the Ministry of Construction about the contents
specified in Clauses 3 and 4 of this Article with respect to the project
subject to approval for its investment guidelines by the Prime Minister; the
investment registration authority shall seek appraisal opinions of the
Department of Construction about the contents specified in Clauses 3 and 4 of
this Article with respect to the project subject to approval for its investment
guidelines by the provincial People’s Committee.
3.
Contents about which appraisal opinions are obtained with regard to a project
on investment in urban area construction on request for approval for
investment guidelines of projects on investment in construction of an urban
area with residential housing:
a)
Contents about which appraisal opinions are obtained are the same as those for
a residential housing construction projects in accordance with regulations of
law on housing;
b)
Assessment of conformity of the investment project with the urban development
objectives and orientations specified in the urban development program (if any)
approved by a competent authority. If the urban development program has yet to
be approved by a competent authority, assess conformity of the project with the
urban development objectives and orientations specified in the approved general
planning or provincial planning;
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4.
Contents about which appraisal opinions are obtained with regard to a project
on investment in construction of an urban area without residential housing:
a)
Assessment of conformity of the investment project with the detailed planning
(if any) or zoning planning (if any). If the detailed planning or zoning
planning has yet to be approved by a competent authority, assess conformity of
the investment project with the general planning;
b) The
contents specified in Points b and c Clause 3 of this Article.”.
2. The following Articles and Clauses are repealed: Article
20, Article 21, Article 22, Article 23, Article 24, Article 25, Article 26,
Article 27, Article 28, Article 30, Article 33, Clauses 8 and 9 Article 41 and
Article 51.
Article 112. Amendments to the Government’s Decree No.
99/2003/ND-CP dated August 28, 2003 on promulgation of hi-tech zone regulations
1. Point
e is added to Clause 1 of Article 9 as follows:
“e)
Implement science and technology strategies, plans and programs of hi-tech
zones in order to develop hi-tech products of several key industries along the
value chain.”.
2. Clause
1 of Article 10 is amended as follows:
“1.
“hi-tech zone enterprises” mean those established in accordance with
regulations of law and operating in hi-tech zones, including infrastructure
development enterprises, hi-tech enterprises, hi-tech services enterprises, hi-tech
development companies, livelihood services enterprises, exporting processing
enterprises.”.
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“Article
15a. Exporting processing enterprises in hi-tech zones
1. An
exporting processing enterprise in a hi-tech zone means an enterprise that is
established and operates within an export-processing zone of the hi-tech zone
or that specializes in producing hi-tech products for export.
2. In
addition to the investment incentives and assistance specified in this Decree,
exporting processing enterprises in hi-tech zones are entitled to apply
particular regulations applied to export processing enterprises operating
within industrial parks and economic zones in accordance with regulations of
law on industrial parks and economic zones.
If an
enterprise operating in a hi-tech industrial park belonging to a hi-tech zone
satisfied the conditions regarding customs inspection and supervision,
regulations applicable to non-tariff zones and regulations of law on import and
export tax before the effective date of the Decree on elaboration of some
Articles of the Law on Investment, it is entitled to apply the same regulations
as for export processing enterprises operating in industrial parks and economic
zones in accordance with regulations of law on industrial parks and economic
zones from the date on which the enterprise satisfies those conditions.”.
4. Clause
2 of Article 35 is amended as follows:
“2.
Attract investment and manage investment and construction
a)
Formulate and organize implementation of the plan for investment attraction and
promotion;
b) Issue,
adjust and revoke investment registration certificates, decisions on approval
for investment guidelines and exercise other powers of investment registration
authorities in accordance with regulations of the Law on Investment and its
guiding documents;
c)
Organize selection of investors in projects according to investor selection
regulations promulgated by heads of hi-tech zone management boards on the basis
of applying Articles and Clauses of law on bidding and relevant regulations of
law. Investors are entitled to select to follow investor approval procedures as
prescribed in Point d Clause 7 Article 29 of the Decree on elaboration of some
Articles of the Law on Investment 2021, allocated or leased out land by hi-tech
zone management boards in accordance with regulations of law on land, and
execute projects specified in the decisions on approval for investment
guidelines and decisions on investor approval;
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dd)
Organize construction and operation of construction works and technical
infrastructure in hi-tech zones.
e) Cooperate
with domestic and foreign organizations, enterprises and individuals in the
fields related to investment in construction and development of hi-tech zones;
g)
Inspect, supervise and assess the performance of the tasks specified in
investment registration certificates, decisions on approval for investment
guidelines of investment projects executed in hi-tech zones.”.
Article 113. Amendments to the Government’s Decree No.
94/2020/ND-CP dated August 21, 2020 regulating preferential mechanisms and
policies for Vietnam National Innovation Center
Article 8
is amended as follows:
“Article
8. Acceptance of support, aids, grants and donations
1. The
NIC may receive official development assistance (ODA) grants to perform
irregular tasks in accordance with regulations of law.
2. The
NIC shall be the party receiving foreign organizations and individuals’ grant
aids to Vietnam.
Grant
aids to the NIC shall be managed as its legal revenues and not be recorded as
the state budget revenues.
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3. The
NIC is entitled to receive the grant aids specified in Clause 2 of this Article
and grants and donations from domestic organizations and individuals (including
interests on deposited aids and grants) to invest in building facilities,
finance recurrent expenditures, support activities of, management and operation
by the NIC.
4. The
mechanisms specified in this Article shall apply to the grant aids of which the
procedures for receipt are being followed by the NIC at the time of entry into
force of the Decree on elaboration of the Law on Investment 2020.”.
Section 2. TRANSITIONAL CLAUSES
Article 114. Processing of valid applications submitted
before the effective date of the Law on Investment
1. The
valid applications specified in Clause 11 Article 77 of the Law on Investment
consist of:
a) The
documents specified in Clause 11 Article 2 of the Government’s Decree No.
118/2015/ND-CP dated November 12, 2015 (hereinafter referred to as “the Decree
No. 118/2015/ND-CP”) received by the Ministry of Planning and Investment and
investment registration authorities as prescribed in Clause 1 Article 6 of the
Decree No. 118/2015/ND-CP;
b) The
documents specified in Clause3 Article 3 of the Government’s Decree No.
83/2015/ND-CP dated September 25, 2015.
2. Any
valid application that is received as prescribed in Clause 1 of this Article
and has to be processed according to administrative procedures before January
01, 2021 but has yet to be processed shall continue to be processed in
accordance with regulations of the Law on Investment 2014, except for the case
specified in Article 115 of this Decree. If the investor requests that the
investment procedures be implemented according to the Law on Investment and this
Decree, the application shall be processed according to the Law on Investment
and this Decree.
3. If an
investment project has the valid application in the cases specified in Clauses
1 and 2 of this Article to follow the procedures for decision on investment
guidelines or adjustment of investment guidelines by the Prime Minister as
prescribed in the Law on Investment 2014 but is now subject to approval for
investment guidelines by the provincial People’s Committee as prescribed in the
Law on Investment, follow the instructions below:
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b) If the
project is having its appraisal organized by the Ministry of Planning and
Investment as prescribed in Clause 5 Article 34 of the Law on Investment 2014
but has yet to prepare an appraisal report to be submitted the Prime Minister
for decision on investment guidelines or adjustment of investment guidelines,
the Ministry of Planning and Investment shall send project appraisal opinions
to the provincial People’s Committee to follow the procedures for approval for
both investment guidelines and investor or approval for adjustment of the
investment guidelines as prescribed in the Law on Investment and this Decree;
c) If the project has had its appraisal report prepared by
the Ministry of Planning and Investment and
submitted to the Prime Minister for decision on investment guidelines or
adjustment of investment guidelines, the Prime Minister shall decide or adjust
investment guidelines as prescribed in the Law
on Investment 2014 or assign the provincial People’s Committee to approve
investment guidelines or approve adjustment of investment guidelines as
prescribed in the Law on Investment and this Decree.
4. Any
valid application that is received as prescribed in Clause 1 of this Article
and processed according to administrative procedures after January 01, 2021
shall continue to be processed in accordance with regulations of the Law on
Investment and this Decree. The Ministry of Planning and Investment and
investment registration authority shall request the investor in writing to
submit additional necessary documents or adjust the contents of the submitted
application in conformity with the regulations of the Law on Investment and
this Decree. The time limit for handling investment procedures in this case
begins from the date on which the investor finishes revising or supplementing
the application.
5. For an
investment project that has followed the procedures for seeking appraisal
opinions as prescribed in the Law on Investment 2014 and Decree No.
118/2015/ND-CP, the Ministry of Planning and Investment and investment
registration authority are entitled to use the application submitted by the
investor and appraisal opinions previously given by the competent authority to
prepare an appraisal report and approve or adjust investment guidelines as
prescribed in the Law on Investment and this Decree. The Ministry of Planning
and Investment and investment registration authority shall decide to request
the investor to revise and supplement the application and seek appraisal
opinions of competent authorities about the revision or supplementation where
necessary.
Article 115. Processing of valid applications for housing
projects and projects subject to investor selection submitted before the
effective date of the Law on Investment
1. If a project on
investment in construction of urban works, new urban area, commercial housing,
commercial and services works or multi-purpose complexes has a valid
application submitted by the investor to follow the procedures for decision on
investment guidelines as prescribed in the Law on Investment 2014 before April
20, 2020 but has yet to have its investment guidelines decided, follow the
instructions below:
a) If the project is determined by a competent authority that
it is not subject to investor selection as specified in Point b Clause 1
Article 10 of the Government’s Decree No. 30/2015/ND-CP
dated March 17, 2015 (hereinafter referred to as “the Decree No. 30/2015/ND-CP”), the procedures for investment guideline approval
shall continue to be followed in accordance with regulations of the Law on
Investment 2014. The competent authority shall assume responsibility for
determining that the project is not subject to investor selection in accordance
with this regulation;
b) If the project is determined by a competent authority that
it has to be subject to investor selection but the list of projects has yet to
be approved as specified in Clause 1 Article 10 of the Decree No.
30/2015/ND-CP, regulations of the Law on Investment and this Decree shall be
complied with.
2. If a
project on investment in construction of commercial housing, commercial and
services works, multi-purpose works or multi-purpose complexes for commercial
purposes has a valid application submitted by the investor to follow the
procedures for decision on investment guidelines as prescribed in the Law on
Investment 2014 as of April 20, 2020 but has yet to have its investment
guidelines decided by January 01, 2021, follow the instructions below:
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b) If the
project is determined by a competent authority that it has satisfied all
conditions specified in Article 11 of the Government’s Decree No. 25/2020/ND-CP
but the list of projects has yet to be approved as specified in Clause 3
Article 12 of the Decree No.25/2020/ND-CP, regulations of the Law on Investment
and this Decree shall be complied with.
3. If an
investment project subject to investor selection in accordance with special
legislation and law on private sector involvement has a valid application
submitted by the investor to follow the procedures for decision on investment
guidelines as prescribed in the Law on Investment 2014 as of April 20, 2020 but
has yet to have its investment guidelines decided by January 01, 2021, follow
the instructions below:
a) If the
project is determined by a competent authority that it is not subject to
investor selection in accordance with special legislation and law on private
sector involvement, the procedures for investment guideline approval shall
continue to be followed in accordance with regulations of the Law on Investment
2014. The competent authority shall assume responsibility for determining that
the project is not subject to investor selection in accordance with this
regulation;
b) If the
project is determined by a competent authority that it has to be subject to
investor selection in accordance with special legislation and law on private
sector involvement but the list of projects has yet to be announced as
specified in Clause 1 Article 16 of the Decree No. 25/2020/ND-CP, regulations
of the Law on Investment and this Decree shall be complied with.
4. If a
project on investment in construction of residential housing or urban area
submitted the application in accordance with regulations of law on housing,
urban areas and construction before January 01, 2021, follow the instructions
below:
a) In the
case where the project whose owner has been identified in accordance with
regulations of law in force at the time of project owner identification has
submitted an application for investment guideline approval in accordance with
regulations of the Law on Housing 2014 but the application has yet to be
processed before January 01, 2021, the procedures for investment guideline
approval shall continue to be followed in accordance with regulations of the
Law on Housing 2014 and it is not required to follow the procedures for investment
guideline approval in accordance with regulations of the Law on Investment.
b) In the
case where the project whose owner has not been identified has submitted an
application for investment guideline approval in accordance with regulations of
the Law on Housing 2014 but the application has yet to be processed before
January 01, 2021, regulations of the Law on Investment and this Decree shall be
complied with.
c) In the
case where the project has submitted an application for investment guideline
adjustment in accordance with regulations of law on housing, urban areas and
construction but the application has yet to be processed before January 01,
2021, the procedures for investment guideline adjustment shall be followed in
accordance with regulations of the Law on Investment and this Decree.
d) In the
case where the project specified in Point b or c of this Clause has followed
the procedures for seeking opinions of relevant authorities in accordance with
regulations of law on housing, urban areas and construction, the Ministry of
Planning and Investment and investment registration authority are entitled to
use the application submitted by the investor and opinions previously given by
the competent authority to prepare an appraisal report and approve investment
guidelines or approve adjustment of investment guidelines as prescribed in the
Law on Investment and this Decree. The Ministry of Planning and Investment and
investment registration authority shall decide to request the investor to
revise and supplement the application and seek appraisal opinions of competent
authorities about the revision or supplementation where necessary.
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Article 116. Executing investment projects executed before
the effective date of the Law on Investment
1.
Investors are entitled to execute their investment projects according to their
investment licenses, certificates of investment incentives, investment
certificates, investment registration certificates or other equivalent
documents issued by competent authorities before the effective date of the Law
on Investment without having to follow the investment guideline procedures in
accordance with regulations of the Law on Investment and this Decree, except
for the case of adjusting investment projects as prescribed in Clauses 1 and 3
Article 117 of this Article.
2.
Investment licenses, certificates of investment incentives, investment
certificates, investment registration certificates, outward investment
licenses, outward investment certificates or other equivalent documents issued
by competent authorities before the effective date of the Law on Investment has
the same legal value as the investment registration certificate.
3. The
equivalent documents specified in Clause 1 of this Article are documents and
decisions issued by competent authorities to decide investment guidelines or permit
or approve investment in projects in accordance with regulations of law on
investment, land, construction, housing, urban areas, bidding and enterprises
in force at the time of promulgating such documents and decisions.
4. Point
dd Clause 2 Article 47 of the Law on Investment applies to investors that fail
to adhere to their investment license, certificate of investment incentives,
investment certificate, investment registration certificate, decision on
investment guidelines, decision on investment guideline approval or investment
approval in accordance with regulations of law on investment, housing, urban
area and construction before the effective date of the Law on Investment.
Article 117. Executing investment projects executed before
the effective date of the Law on Investment
1. The investment project
specified in Point b, c or d Clause 2 Article 77 of the Law on Investment is
not required to follow the procedures for investment guideline approval or
investment guideline adjustment upon adjusting the investment project, except
for the following cases:
a) Change
or add a content or objective while the content or objective to be changed or
added is subject to approval for investment guidelines specified in Articles
30, 31 and 32 of the Law on Investment;
b) Expand
the project objective, thereby resulting in the project being subject to
approval for its investment guidelines as prescribed in Articles 30, 31 and 32
of the Law on Investment;
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2. In the
cases mentioned in Points a, b and c Clause 1 of this Article, the investor
shall follow the procedures for investment guideline approval according to the
corresponding regulations set out in Section 2 Chapter IV of this Decree prior
to making such adjustments. In such cases, the investment guideline approving
authority shall consider the adjustments to grant approval for investment
guidelines.
3. If an
investment project is adjusted as specified in Point a Clause 2 Article 77 of
the Law on Investment and the adjustment is made in one of the cases mentioned
in Points a, b, c, d, dd, e and g Clause 3 Article 41 of the Law on Investment,
the investor shall follow the procedures for investment guideline adjustment as
follows:
a) The
investment guideline approving authority prescribed by the Law on Investment
means an authority that has the power to adjust the written decision on
investment guidelines, written approval for investment guidelines or written
approval for investment guidelines of such investment project, except for the cases
in Points b and c of this Clause;
b) In
case of adjusting an investment project that is not subject to decision on
investment guidelines, approval for investment guidelines or approval for
investment by the Prime Minister as prescribed by law before the effective date
of the Law on Investment but is now subject to approval for investment
guidelines by the Prime Minister as prescribed by the Law on Investment, the
Prime Minister shall approve adjustment of the investment guidelines in the
case of increasing the area of land used or adding a content or objective
subject to approval for investment guidelines as prescribed in Article 31 of
the Law on Investment. In addition to the contents subject to investment
guideline adjustment approval by the Prime Minister specified in this Point,
the provincial People’s Committee or industrial park, export-processing zone,
hi-tech zone or economic zone management board shall grant approval for
investment guidelines according to the Law on Investment and this Decree upon
making other adjustments specified in Points a, b, c, d, dd, e and g Clause 3
Article 41 of the Law on Investment;
c) In
case of adjusting an investment project with total investment capital of over
VND 5,000 billion which is subject to decision on investment guidelines by the
Prime Minister as prescribed by the Law on Investment 2014 but has had its
investment guidelines approved by the provincial People’s Committee or
industrial park, export-processing zone, hi-tech zone or economic zone
management board as prescribed in Clause 9 Article 31 or Clause 3 Article 32 of
the Decree No. 118/2015/ND-CP, the Prime Minister shall approve adjustment of
the investment guidelines in the case of increasing the area of land used or
adding a content or objective subject to approval for investment guidelines as
prescribed in Article 31 of the Law on Investment. In addition to the contents
subject to investment guideline adjustment approval by the Prime Minister
specified in this Point, the provincial People’s Committee or industrial park,
export-processing zone, hi-tech zone or economic zone management board shall
grant approval for investment guidelines according to the Law on Investment and
this Decree upon making other adjustments specified in Points a, b, c, d, dd, e
and g Clause 3 Article 41 of the Law on Investment;
d) The investor shall follow the procedures for investment
guideline adjustment according to the corresponding regulations set out in
Section 4 Chapter IV of this Decree upon making adjusting the contents
specified in this Clause, except for the case in Point d Clause 4 of this
Article.
4. Regarding an investment
project whose investment guidelines are decided or approved or in which the
investment is approved by a competent authority in accordance with regulations
of law on investment, housing, urban areas and construction before the
effective date of the Law on Investment, the project execution schedule shall
be adjusted as follows:
a) The
schedule adjusted before the effective date of the Law on Investment shall
continue to be adjusted according to regulations of the Law on Investment and
this Decree but it shall not be extended by more than 24 months as of January
01, 2021 (if the final deadline for adjusting the schedule is specified in the
written decision on investment guidelines, written approval for investment
guidelines or investment registration certificate issued before January 01,
2021) or by more than 24 months from the final deadline for adjusting the
schedule specified in the written decision on investment guidelines, written
approval for investment guidelines or investment registration certificate (to
regulations of the Law on Investment and this Decree but it shall not be
extended by more than 24 months as of January 01, 2021 (if the final deadline
for adjusting the schedule is specified in the written decision on investment
guidelines, written approval for investment guidelines or investment
registration certificate issued after January 01, 2021), except for the cases
mentioned in Points a, b, c, d, dd and e Clause 4 Article 41 of the Law on
Investment.
a) The
schedule that has yet to be adjusted before the effective date of the Law on
Investment shall be adjusted according to regulations of the Law on Investment
and this Decree but it shall not be extended by more than 24 months as of
January 01, 2021 (if the final deadline for adjusting the schedule is specified
in the written decision on investment guidelines, written approval for
investment guidelines or investment registration certificate issued before
January 01, 2021) or by more than 24 months from the final deadline for
adjusting the schedule specified in the written decision on investment
guidelines, written approval for investment guidelines or investment
registration certificate (to regulations of the Law on Investment and this
Decree but it shall not be extended by more than 24 months as of January 01,
2021 (if the final deadline for adjusting the schedule is specified in the
written decision on investment guidelines, written approval for investment
guidelines or investment registration certificate issued after January 01,
2021), except for the cases mentioned in Points a, b, c, d, dd and e Clause 4
Article 41 of the Law on Investment.
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d) If the
project execution schedule is adjusted in one of the cases specified in Points
a, b, c and d Clause 4 Article 41 of the Law on Investment, the investor is not
required to follow the procedures for approving adjustment of investment
guidelines upon extending the schedule by more than 12 months. The investment
registration authority shall follow the procedures for adjusting the investment
registration certificate as prescribed in Article 47 of this Decree for the project
issued with the investment registration certificate.
5. If the
investment project adjustment made in a case other than the case specified in
Clause 1 or 3 of this Article changes any content of the investment license,
certificate of investment incentives, investment certificate, investment
registration certificate or another equivalent document issued before the
effective date of the Law on Investment, the investor shall follow procedures
corresponding to the procedures for adjusting the investment registration
certificate as prescribed in Article 47 of this Decree at an investment
registration authority to obtain the investment registration certificate. The
investment registration certificate shall specify contents of the adjusted
investment project and all unchanged and effective contents of the investment
project on the investment license, investment certificate, certificate of
investment incentives, investment registration certificate or another
equivalent document.
6. If an
investment license, investment certificate or equivalent document specified in
Clause 5 of this Article also contains business registration contents, the
investment registration authority shall issue an investment registration
certificate to the investor to replace contents of the investment project on
the investment license, investment certificate or another equivalent document
according to the principle specified in Clause 5 of this Article. The business
registration contents on the investment license, investment certificate or equivalent
document shall remain effective.
Article 118. Executing investment projects on the list of
business lines subject to conditional outward investment under the Law on
Investment
Any
investor whose outward investment project has been issued with the outward
investment license , outward investment certificate or outward investment
registration certificate before the effective date of the Law on Investment and
now belongs to a business line subject to conditional outward investment as
prescribed in Clause 1 Article 54 of the Law on Investment shall satisfy the
conditions specified in Article 72 of this Decree upon changing a Vietnamese
investor or increasing outward investment capital.
Article 119. Conduct of investment activities by
foreign-invested business organizations established before the effective date
of the Law on Investment
1. A
business organization specified in Point a, b or c Clause 1 Article 23 of the
Law on Investment is not required to satisfy investment conditions and follow
investment procedures in accordance with regulations applicable to foreign
investors according to the Law on Investment and this Decree if the
establishment of another business organization or investment in the form of
capital contribution or purchase of shares or stakes of another business
organization or investment in the form of BCC by such business organization is
carried out before the effective date of the Law on Investment.
2. From
the effective date of the Law on Investment, the business organization that was
established before the effective date of the Law on Investment and falls into
the cases specified in Points a, b and c Clause 1 Article 23 of the Law on
Investment must satisfy the investment conditions and follow investment
procedures in accordance with regulations applicable to foreign investors
according to the Law on Investment and this Decree upon adjusting the
investment project executed before the effective date of the Law on Investment;
changing or adding a business line; establishing another business organization;
making investment by contributing capital or purchasing shares or stakes of
another business organization; making investment in the form of BCC.
3. Upon
adjusting an investment project as specified in Clause 2 of this Article, the
business organization shall follow procedures for approving or adjusting
investment guidelines or issuing or adjusting the investment registration
certificate in accordance with the corresponding regulations set out in the Law
on Investment and this Decree. The investment registration authority shall only
consider the satisfaction of investment conditions with respect to the contents
to be adjusted without re-considering contents of the project in progress.
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1. In the
case where a project has had the land use right auction plan approved by a
competent authority and the auction has yet to be held in accordance with
regulations of law on land before January 01, 2021 or the project is holding
the land use right auction in accordance with regulations of law on land and
the auction winning result is not available before January 01, 2021, the
auction shall be continued and the step specified in Clause 2 or 3 of this
Article shall be taken.
2. For
the project subject to approval for its investment guidelines by the National
Assembly or Prime Minister as prescribed in Articles 30 and 31 of the Law on
Investment, the investor winning the auction specified in Clause 1 of this
Article shall follow the procedures corresponding to the procedures for
approving both investment guidelines and investor applicable to projects
subject to approval for their investment guidelines by the National Assembly or
Prime Minister as prescribed in this Decree.
3. For the project not
subject to approval for its investment guidelines by the National Assembly or
Prime Minister as prescribed in Articles 30 and 31 of the Law on Investment,
the investor shall follow the procedures for issuance of the investment
registration certificate (if any) without having to follow the procedures for
investment guideline approval according to regulations of the Law on Investment
and this Decree.
Article 121. Following procedures for selecting investors
in the form of bidding before the effective date of the Law on Investment
1.
Regarding a project that has been included in the approved list of projects but
not been published on the National Bidding Network System in accordance with
regulations of law on bidding regarding investor selection before January 01,
2021, follow the instructions below:
a) For
the project subject to approval for its investment guidelines as prescribed by
the Law on Investment, follow the procedures for investment guideline approval
and other procedures prescribed by the Law on Investment and this Decree;
b) For
the project not subject to approval for its investment guidelines as prescribed
by the Law on Investment, announce the list of projects in accordance with
regulations of law on bidding.
2.
Regarding a project that has been included in the approved list of projects and
published on the National Bidding Network System in accordance with regulations
of law on bidding, follow the instructions below:
a) If the
project specified in Point b Clause 1 Article 1 of the Decree No. 25/2020/ND-CP
has yet to obtain the result of preliminary assessment of capacity and
experience before January 01, 2021, keep carrying out the assessment as
prescribed in the Decree No. 25/2020/ND-CP and follow the procedures specified
in Clause 3 or 4 of this Article;
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c) If the
project specified in Point b or c Clause 1 Article 1 of the Decree No. 25/2020/ND-CP
has received the result of preliminary assessment of capacity and experience or
has determined the number of interested investors as prescribed in the Decree
No. 25/2020/ND-CP before January 01, 2021, follow the procedures specified in
Clause 3 or 4 of this Article.
3. If
there is an investor satisfying preliminary requirements on capacity and
experience as specified in Point b Clause 3 Article 13 of the Decree No.
25/2020/ND-CP or an interested investor as specified in Point c Clause 1
Article 16 of the Decree No. 25/2020/ND-CP, follow the instructions below:
a) For the project subject to approval for its investment
guidelines as prescribed by the Law on Investment, follow the procedures
corresponding to the procedures for approving both investment guidelines and
investor as prescribed in Articles 31, 32 and 33 of this Decree;
b) For the project not subject to approval for its investment
guidelines as prescribed by the Law on Investment, follow the procedures for
investor approval as prescribed in Clause 2 Article 30 of this Decree.
4. If
there are at least two investors satisfying preliminary requirements on
capacity and experience as specified in Point a Clause 3 Article 13 of the
Decree No. 25/2020/ND-CP or at least two interested investors as specified in
Point b Clause 1 Article 16 of the Decree No. 25/2020/ND-CP, follow the
instructions below:
a) For
the project subject to approval for its investment guidelines by the Prime
Minister as prescribed by the Law on Investment, follow the procedures for investment
guideline approval as prescribed by the Law on Investment and this Decree
before organizing investor selection in accordance with regulations of law on
bidding;
b) For
the project subject to approval for its investment guidelines by the provincial
People’s Committee as prescribed by the Law on Investment, organize investor
selection in accordance with regulations of law on bidding without having to
following the procedures for investment guideline approval as prescribed by the
Law on Investment and this Decree;
c) For
the project not subject to approval for its investment guidelines as prescribed
by the Law on Investment, organize investor selection in accordance with
regulations of law on bidding;
d) The
selected investor is not required to follow the procedures for investor
approval as prescribed by the Law on Investment and this Decree.
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6. For
the project on investment in housing or urban area construction that has been
granted a written approval for its investment guidelines by a competent
authority in accordance with regulations of the Law on Housing 2014 before
January 01, 2021, which specifies the form of investor selection, it is not
required to follow the investment guideline approval as prescribed by the Law
on Investment and this Decree. To be specific:
a) If the
list of projects has yet to be approved, approve additional preliminary
requirements on capacity and experience before announcing the list of projects
without having to approve the list of projects in accordance with regulations
of law on bidding;
b) The
cases related to investor selection in accordance with the corresponding
regulations laid down in Clauses 1 and 2 of this Article. The investor
executing the investment project specified in Point a Clause 3 of this Article
shall follow the procedures for investor approval as prescribed in Clause 2
Article 30 of this Decree.
Article 122. Execution of other projects under Building -
Transfer (BT) contracts
1. If a
BT project contract specifies that another project must follow the procedures for
investment guideline decision, investment guideline approval or investment
approval in accordance with regulations of law on investment, housing, urban
areas and construction but the investor fails to do so by January 01, 2021, it
is required to follow the procedures for approval for both investment
guidelines and investor without holding a land use right auction or bidding to
select investors according to the Law on Investment and this Decree; if the
investor has followed the aforesaid procedures but the procedures have yet to
be handled, the regulations set out in Article 114 or Point a Clause 4 Article
115 of this Decree shall apply.
2. If the
BT project contract does not specify that another project must follow the
procedures for investment guideline decision, investment guideline approval or
investment approval in accordance with regulations of law on investment,
housing, urban areas and construction but the investor wishes to do so and has
submitted a valid application but it has not been processed by January 01,
2021, the regulations set out in Article 114 or Point a Clause 4 Article 115 of
this Decree shall apply; if an application has yet to be submitted, follow the
procedures for approval for both investment guidelines and investor without
holding a land use right auction or bidding to select investors according to
the Law on Investment and this Decree.
3. Except
for the case specified in Clauses 1 and 2 of this Article, if the BT project is
eligible for transition in accordance with regulations of law on public -
private partnership investment but another project has yet to follow the
procedures for investment guideline decision, investment guideline approval or
investment approval in accordance with regulations of law on investment,
housing, urban areas and construction before January 01, 2021 and the investor
wishes to do so, it is required to follow the procedures for approval for both
investment guidelines and investor without holding a land use right auction or
bidding to select investors according to the Law on Investment and this Decree.
Article 123. Guaranteeing investment project execution with respect to investment projects executed before the
effective date of the Law on Investment
1. Any investor signing a
deposit agreement with an investment registration authority before the
effective date of the Law on Investment is entitled to execute their investment
project under the signed agreement.
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3. Only
the obligations to be fulfilled after the effective date of this Decree may be
adjusted under the deposit agreement as specified in Clause 2 of this Article.
If the investor violates the obligation to execute the project, such investor
is not allowed to make a request for change of the form of guarantee for
project execution or adjustment of the conditions for refund of deposit amount
until the violation is dealt with. The deposit amount refunded or not refunded
before the date of adjusting the deposit agreement may be adjusted under the
deposit agreement as specified in this Clause.
4. If the
investor has yet to sign the deposit agreement in accordance with regulations
of law on investment before the effective date of the Law on Investment and
this Decree, it is required to comply with regulations on guaranteeing project
execution under the Law on Investment and this Decree.
5. If the
adjustment to the project objective or schedule for project execution or
repurposing of land of the investment project specified in Clause 4 Article 77
of the Law on Investment results in the project being required to pay a deposit
or obtain a guarantee for deposit payment obligation to guarantee project
execution according to the Law on Investment and this Decree, the investor is
required to pay a deposit or obtain a bank guarantee for deposit payment
obligation under the Law on Investment and this Decree for the project's part
subject to adjustment.
Article 124. Adjustment to projects with a commitment to
transfer assets without reimbursement to the State of Vietnam or to a
Vietnamese party
1. For an
investment project in which the foreign investor makes a commitment to transfer
their assets without reimbursement to the State of Vietnam or to a Vietnamese
party (hereinafter referred to as “project with a commitment to transfer assets
without reimbursement”), after the expiry of the project duration specified in
the investment license, investment certificate or investment registration
certificate, the foreign investor (in the case where the foreign investor makes
investment in the form of BCC) or the foreign-invested business organization
has the obligation to transfer assets without reimbursement in their status quo
and normal operational condition to the State of Vietnam or to a Vietnamese
party that is a state-owned enterprise.
2. The
project with a commitment to transfer assets without reimbursement shall not be
considered to remove the conditions for transfer of assets without
reimbursement as committed under Clause 1 of this Article and contents of the
project with a commitment to transfer assets without reimbursement are not
allowed to be adjusted resulting in change of the conditions for transfer of
such assets, except for the cases in Clauses 3 and 4 of this Article.
3. If
land is transferred slowly to the Vietnamese Party being a state-owned
enterprise (hereinafter referred to as “the Vietnamese Party”) to contribute
capital in the form of land use rights, the time of slow transfer of land shall
not be included in the duration of the project with a commitment to transfer
assets without reimbursement.
4. If the
Vietnamese Party being a state-owned enterprise transfers whole or part of the
stakes in the foreign-invested enterprise, the value of the transferred stakes
of such enterprise shall be determined by holding a public auction to apply the
highest offer price to the Foreign Party. If the Foreign Party does not
purchase or fully purchase the stakes at that highest offer price, the stakes
of the Vietnamese Party shall be sold to an organization or individual paying
the highest offer price.
Conditions
and procedures for transferring part or whole of the stakes of the Vietnamese
Party being a state-owned enterprise shall comply with regulations of law on
management and use of state capital invested in manufacturing and business
activities of enterprises and law on enterprises.
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Article 125. Settlement of assets after transfer thereof
without reimbursement to the State of Vietnam or to a Vietnamese party
1. The
establishment of public ownership and management of assets of projects with a
commitment to transfer assets without reimbursement (hereinafter referred to as
“the transferred assets”) to the State of Vietnam after the expiry of the
project duration according to regulations of law on management and use of
public property.
2. If the
transferee is a wholly state-owned enterprise, the settlement of transferred
assets shall be decided by its state ownership representative agency according
to regulations of law on management and use of state capital invested in
manufacturing and business activities of enterprises.
3. If the
transferee is an equitized state-owned enterprise, the assets shall be
transferred to the state shareholder or the State of Vietnam if the State no
longer has any stakes in the enterprise. The settlement of assets transferred
in this case shall comply with the corresponding regulations laid down in
Clauses 1 and 2 of this Article.
4. After
the expiry of the land use term, the settlement of the land use rights shall
comply with regulations of law on land.
Article 126. Organization and operation of enterprises
issued with the investment license and investment certificate (also the
business registration certificate)
1. Every
enterprise operating under an investment license may continue to be organized
and operate according to such investment license and its charter. For the
contents not specified in the investment license and the enterprise’s charter,
every enterprise shall comply with regulations of the Law on Enterprises, Law
on Investment and relevant laws according to the following principles:
a)
Regulations applied to single-member limited liability companies also apply to
any wholly foreign-owned enterprise owned by a single foreign investor;
b)
Regulations applied to multi-member limited liability companies also apply to
any joint-venture or wholly foreign-owned enterprise owned by two foreign
investors or more;
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2. Every
enterprise operating under an investment certificate (also the business
registration certificate) may continue to be organized and operate in
accordance with such investment certificate (also the business registration
certificate) and its charter. For the contents not specified in the investment
certificate (also the business registration certificate) and the enterprise’s
charter, the enterprise shall comply with regulations of the Law on
Enterprises, Law on Investment and relevant laws.
Article 127. Replacement of investment registration
certificates and enterprise registration certificates
1. Every investor whose
project is granted an investment license, certificate of investment incentives,
investment certificate or an equivalent document before the effective date of
the Law on Investment may replace it with an investment registration
certificate as follows:
a) Each
investor shall submit 01 set of application for replacement of the investment
registration certificate to the investment registration authority, which
consists of a written request for replacement of the investment registration
certificate and copy of the investment license, certificate of investment
incentives, investment certificate or equivalent document;
b) The
investment registration authority shall issue the investment registration
certificate to the investor within 03 working days from the day on which the
application specified in Point a of this Clause is received. The investment
registration certificate shall re-record of the investment project in the
investment license, certificate of investment incentives, investment
certificate or equivalent document. The business registration contents on the
investment license, certificate of investment incentives or equivalent document
shall remain effective.
2. Every
enterprise operating under an investment license or investment certificate
(also business registration certificate) or an equivalent document (hereinafter
referred to as “certificate”) granted before the effective date of the Law on
Investment is entitled to keep operating according to such certificate without
having to follow the procedures for replacing it with an enterprise
registration certificate.
3. Any
investor that wishes to replace their investment registration certificate or
enterprise registration certificate with an investment license or investment
certificate (also the business registration certificate) or an equivalent
document shall follow the procedures below:
a)
Replace the enterprise registration certificate as set out in Clause 2 of this
Article;
b)
Replace the investment registration certificate as set out in Clause 1 of this
Article (the application for replacement of an investment registration
certificate includes a copy of the enterprise registration certificate granted
in accordance with Clause 2 of this Article and documents specified in Point a
Clause 1 of this Article).
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5. Upon
the expiry of the project duration or termination of the project, the
enterprise operating under an investment license or investment certificate
(also the business registration certificate) or an equivalent document shall
follow the procedures for terminating the project according to the Law on
Investment and this Decree without having to shut down the enterprise, unless
otherwise prescribed by law.
Article 128. Changing business registration contents on an
investment license or investment certificate (also the business registration
certificate)
1. An enterprise operating
under an investment license or investment certificate (also the business
registration certificate) or an equivalent document shall change business
registration contents at a business registration authority in accordance with
regulations of law on enterprises.
2. In
case of adjustment of both business registration contents and contents of the project,
the business organization shall follow procedures for adjusting business
registration contents at a business registration authority in order to obtain
an enterprise registration certificate as set out in Clause 1 of this Article.
After an enterprise registration certificate is granted, the business
organization shall adjust contents of the project at an investment registration
authority in order to obtain the investment registration certificate as set out
in Article 62 of this Decree.
3. In
case of adjustment to contents of registration of a branch or representative
office of an enterprise operating under an investment license or investment
certificate (also the business registration certificate) or an equivalent
document granted before the effective date of the Law on Investment, the
enterprise shall follow procedures in accordance with the corresponding
regulations of law on enterprises.
Article 129. Suspension, shutdown, re-organization and
dissolution of enterprises operating under investment licenses or investment
certificates (also business registration certificates)
1. An
enterprise operating under an investment license or investment certificate
(also the business registration certificate) shall follow procedures for
suspension, shutdown, re-organization or dissolution at a business registration
authority.
2.
Documentation and procedures for suspension, shutdown, re-organization or
dissolution of enterprises operating under an investment license or investment
certificate (also the business registration certificate) shall comply with
regulations of law on enterprises.
Article 130. Implementation of investment promotion
programs and activities
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Section 3. IMPLEMENTATION CLAUSE
Article 131. Effect
1. This Decree comes into
force from the date on which it is signed.
2. The following Decrees and
regulation shall cease to have effect from the effective date of the Law on
Investment:
a)
Government’s Decree No. 118/2015/ND-CP dated November 12, 2015;
b)
Government’s Decree No. 37/2020/ND-CP dated March 30, 2020;
c)
Government’s Decree No. 83/2015/ND-CP dated September 25, 2015;
d)
Government’s Decree No. 104/2007/ND-CP dated June 14, 2007;
dd)
Government’s Decree No. 69/2016/ND-CP dated July 01, 2016;
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g)
Article 2 of the Decree No. 100/2018/ND-CP dated July 16, 2018.
Article 132. Responsibility for implementation
1. The
Ministry of Planning and Investment shall elaborate and provide guidance on
implementation of the Articles and Clauses assigned in the Law on Investment
and this Decree.
2.
Ministries and ministerial agencies, within their jurisdiction, shall:
a)
request the Government to consider repealing, amending or adding business
investment conditions applied to conditional business lines repealed, amended
or added under the Law on Investment;
b)
request the Government to consider laying down, amending or adding conditions
applied to business lines subject to conditional outward investment under the
Law on Investment;
c)
request the Government to consider promulgating, amending or adding other
Decrees related to business investment to guarantee the implementation of the
Law on Investment and this Decree.
3. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Presidents of People’s
Committees of provinces and central-affiliated cities shall, within their
jurisdiction, provide guidelines and implement this Decree.
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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc
APPENDIX I
NEGATIVE LIST FOR MARKET
ACCESS
A.
BUSINESS LINES WITH PROHIBITED MARKET ACCESS
1. Trade
in goods and services on the list of goods and services under state monopoly.
2. Press
activities and collection of news in any shape or form.
3.
Catching or harvesting marine life.
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5.
Administrative and judicial services, including judicial assessment services,
bailiff services, property auction services, notary services, official
receiver’s services.
6. Guest
worker services.
7.
Investment in construction of cemeteries for transfer of land use right and
infrastructure thereon.
8. Direct
collection of garbage from households.
9. Public
survey services.
10.
Blasting services.
11.
Manufacture, sale of weapons, explosive materials and combat gears.
12.
Import, dismantlement of used seagoing ships.
13.
Public postal services.
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15.
Temporary import for re-export of goods.
16.
Exercise of rights to export, import distribute goods on the list of goods to
which foreign investors and foreign-invested business organizations do not have
the right to export, import or distribute.
17. Collection,
purchase, handling of public property at armed force units.
18.
Manufacture of military equipment or materials; trade in military equipment,
military weapons, specialized equipment and vehicles exclusively for used by
the military and the police, specialized equipment and parts thereof,
manufacture technology thereof;
19.
Industrial property representative services and intellectual property
assessment services.
20.
Services that involve establishment, operation, sustainment and maintenance of
maritime signals, water zones, water areas, public navigable channels and
maritime routes; survey of water zones, water areas, public navigable channels
and maritime routes serving the maritime announcements; survey, development and
publishing nautical charts for water bodies, seaports, navigable channels and
maritime routes; development and publishing of marine safety publications.
21.
Maritime safety services in water zones, water areas and public navigable
channels; electronic maritime information services.
22.
Services that involve inspection (inspection and testing) and issuance of
certificates to vehicles (including systems, assembled parts, devices and parts
of vehicles); inspection and issuance of certificates of technical safety and
environmental safety to vehicles, specialized equipment, containers, equipment
for packaging dangerous goods used in transport; inspection and issuance of
certificates of technical safety and environmental safety to vehicles and
equipment used for exploration, extraction and transport of petroleum at sea;
occupational safety inspection of equipment subject to strict occupational
safety requirements on vehicles and equipment used for exploration, extraction
and transport of petroleum at sea; fishing vessel inspection and registration
services.
23.
Services that involve survey, assessment and harvest of natural forests
(including logging, hunting, trapping wild and rare animals, management of gene
pools of plants, domestic animals and microorganisms used in agriculture.
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25.
Travel services, except international travel services for inbound tourists.
B.
BUSINESS LINES WITH RESTRICTED MARKET ACCESS
1.
Manufacture and distribution of media products, including video recordings.
2.
Manufacture, distribution, broadcasting of TV programs, stage performances and
cinematic works.
3.
Provision of audio and television broadcasting services.
4.
Insurance; banking, securities trading and relevant services.
5. Postal
and telecommunications services.
6.
Advertising services.
7.
Printing and publishing services.
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9. Aerial
photography services.
10.
Education services.
11. Survey,
extraction and processing of natural resources, minerals and petroleum.
12.
Hydropower, offshore wind power and nuclear power.
13.
Transport of goods and passengers by rail, air, road, river, sea, pipeline.
14.
Fisheries.
15.
Forestry and hunting.
16. Betting
and casino business.
17.
Security services.
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19. Real
estate business.
20. Legal
services.
21.
Veterinary services.
22. Trade
in goods and activities directly related to trade in goods of foreign service
providers in Vietnam.
23.
Technical analysis and inspection services.
24.
Tourism services.
25.
Health and social services.
26.
Sports and entertainment services.
27. Paper
production.
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29.
Development and operation of traditional markets.
30.
Operation of Goods Exchanges
31. LCL
consolidation services.
32.
Audit, accounting and tax services.
33.
Valuation services; valuation of enterprises serving equitization.
34. Services
relevant to agriculture, forestry, aquaculture.
35.
Manufacture of airplanes.
36.
Manufacture of locomotives and railway carriages.
37.
Manufacture, sale tobacco products, tobacco ingredients, equipment for tobacco
industry.
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39.
Building and repair of seagoing ships.
40. Waste
collection services, environmental monitoring services.
41.
Commercial arbitration services, arbitration mediation services
42.
Logistics services.
43.
Coastal transport services.
44.
Farming, manufacture or processing of rare and valuable plants, breeding of
rare, valuable wild animals and processing thereof, including live animals and
their products;
45.
Manufacture of building materials.
46.
Construction and relevant technical services.
47.
Motorcycle assembly.
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49.
Auxiliary services for air transport; ground services at airports; catering
services on aircraft; navigation information services, air navigation and
control services, meteorological services.
50.
Shipping agencies; towing services
51.
Services relevant to cultural heritages, copyrights and related rights,
photography, video recording, audio recording, art exhibitions, festivals,
libraries, museums;
52.
Services relevant to tourism promotion and advertising.
53.
Representation, recruitment, scheduling, management services for artists and
athletes.
54.
Family-related services.
55.
E-commerce activities.
56.
Cemetery business, cemetery services and funeral services.
57.
Aerial application.
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59.
Business lines in which investment is under pilot mechanisms of the National
Assembly, Standing committee of the National Assembly, the Government or the
Prime Minister.
APPENDIX II
LIST OF BUSINESS LINES
ELIGIBLE FOR INVESTMENT INCENTIVES
A.
BUSINES LINES ELIGIBLE FOR SPECIAL INVESTMENT INCENTIVES
I. HIGH TECHNOLOGIES, INFORMATION TECHNOLOGY, SUPPORTING INDUSTRIES
1.
Application of high technologies on the list of high technologies prioritized
for development under decisions of the Prime Minister.
2.
Manufacture of products on the list of hi-tech products encouraged for
development under decisions of the Prime Minister.
3.
Manufacture of products on the list of SUPPORTING industry products prioritized
for development under regulations of the Government on development of
supporting industries.
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5.
Production of software products, digital products, key IT products, software
services under information technology laws; production of network security
products and provision of network security services under cyber security laws;
production of products derived from technological advances under science and
technology laws.
6.
Production of renewable energy, clean energy, waste-to-energy processes.
7.
Production of composite materials, light building materials, rare and valuable
materials.
8.
Manufacture of products on the list of key mechanical products under decisions
of the Prime Minister.
II. AGRICULTURE
1. Planting, cultivation,
protection and development of forests; development of production forests in
empty lands and hills; planting big timber forests and conversion of small
timber forests into big timber forests; development of non-timber forest
products, restoration of natural forests.
2.
Cultivation, treatment, preservation of agriculture, forestry, aquaculture
products, processing of non-timber forest products.
3.
Production, propagation and crossbreeding of plants, domestic animals, aquatic
breeds, development of hi-tech plants for forestry.
4. Salt
production, harvesting and refining.
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6. Marine
rescue services.
7.
Research, manufacture of biotechnology food products.
8.
Manufacture of sawmill products; manufacture of artificial planks, including:
plywood, joinery planks, MDF.
III.
ENVIRONMENTAL PROTECTION, INFRASTRUCTURE INSTRUCTIONS
1.
Concentrated collection, treatment, recycling, reuse of wastes.
2.
Construction, operation of infrastructure in industrial zones, export
processing zones, hi-tech zones, dedicated areas in economic zones.
3.
Investment in development of water plants, power plants, water supply and
drainage systems; bridges, roads, infrastructure, railway industry and
transport; airports, seaports, inland ports; aerodromes, terminals and other
especially important infrastructural works decided by the Prime Minister.
4.
Development of public transportation in urban areas.
5.
Investment in construction, management and operation of markets in rural areas.
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IV.
CULTURE, SOCIETY, SPORTS, HEALTH
1.
Construction of social housing and relocation housing.
2.
Investment in epidemic control facilities
3.
Research into preparation technology, biotechnology for production of new
medicines, new veterinary medicines, vaccines, veterinary biologics.
4.
Production of medicinal ingredients, major medicines, essential medicines,
medicines for prevention and treatment of sexually transmitted diseases,
biologics, herbal medicines, oriental medicines; medicines facing patent expiration;
application of advanced technologies and biotechnology to manufacture of
medicines for human use following international GMP standards; manufacture of
primary packaging of medicines.
5.
Investment in methadone production facilities.
6.
Investment in high-performance sport training facilities and sport training
facilities for people with disabilities; construction of sports facilities with
equipment suitable for international competition; sport facilities for
professional training and competition.
7.
Investment in geriatrics centers, psychiatry centers, centers for treatment of
patients infected with Agent Orange; care centers for elderly people, people
with disability, orphans, homeless children.
8.
Investment in treatment – education - social labor centers; smoking cessation
centers; HIV/AIDS treatment centers; public and private drug rehabilitation
centers; district-level drug addiction treatment consulting centers.
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10.
Investment in facilities for protection of sex workers from gender-based
violence in communities.
B
BUSINES LINES ELIGIBLE FOR INVESTMENT INCENTIVES
I. SCIENCE AND TECHNOLOGY, ELECTRONICS, MECHANICS, MATERIAL
PRODUCTION, INFORMATION TECHNOLOGY
1.
Investment in research and development.
2.
Manufacture of steel billets from iron ore, high-grade steel, alloys.
3.
Manufacture of coke, activated carbon.
4.
Manufacture of energy-saving products.
5.
Manufacture of oil, pharmaceutical chemistry, base chemicals and rubber.
6.
Manufacture of products with added value of at least 30% (according to
instructions of the Ministry of Planning and Investment).
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8.
Manufacture of electronic components and parts not listed in Part A of this
Appendix.
9.
Manufacture of power tools, equipment, parts, machines serving agriculture,
forestry, aquaculture, salt production, food processing machines, irrigation
equipment not listed in Part A of this Appendix.
10.
Manufacture of asbestos substitute materials.
11.
Manufacture of light unburnt building materials (mass density smaller than 1000
kg/m3).
12.
Investment in power generation from exhaust gas of building material factories
for in order to save energy and protect the environment.
13.
Manufacture of artificial ground sand as substitute for natural sand.
14.
Investment in treatment, use of refuse from thermal power plants, chemical
fertilizer factories and metallurgical plants as building materials.
15.
Investment in treatment and use of domestic wastes as fuel for manufacture of
building materials.
16.
Investment in manufacture of equipment and spare parts in production of cement,
glass, tiles, refractory materials; investment in manufacture of building
materials as substitutes for building materials manufactured with obsolete
technology.
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18.
Manufacture of diesel-powered locomotives; cargo carriages with payload
capacity of at least 30 tonnes; high-grade passenger carriages capable of 100
km/hour speed; parts of railroad locomotives and carriages.
19.
Manufacture and processing of minerals for use as building materials.
20.
Manufacture and sale of products obtained from research findings of science and
technology enterprises.
II. AGRICULTURE
1.
Cultivation, harvesting and processing of herbs; protection, reservation of
genetic resources and rare, valuable indigenous herbs.
2.
Manufacture, processing of animal feeds and aquatic fees.
3.
Technological services relevant to seed farming, breeding, aquaculture,
protection of plants and domestic animals.
4.
Construction, renovation, upgrade of slaughterhouses; industrial preservation,
processing of poultry and cattle, wholesale markets, domestic animal and
husbandry product auction centers.
5.
Construction, development of concentrated material areas serving processing
industry.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7.
Investment in manufacture of biological crop protection chemicals, manufacture
of organic fertilizers; scientific research and transfer of technology for
development of organic fertilizers.
8.
Cultivation, processing of agriculture, forestry, aquaculture products in the
form of product chain; Cultivation, processing of agriculture, forestry,
aquaculture products in the form of organic agriculture.
9.
Manufacture of handicrafts, products made of bamboo, rattan, ceramics, glass,
textile and garment, threads, woven and sewn products.
10.
Scientific research and development of agricultural technology.
11.
Maintaining domestic animal breeds, preservation of genetic resources of rare,
valuable and indigenous domestic animals.
III. ENVIRONMENTAL PROTECTION, INFRASTRUCTURE INSTRUCTIONS
1.
Construction, development of industrial complex infrastructure.
2.
Construction of apartment buildings for workers in industrial zones, export
processing zones, hi-tech zones, economic zones; construction of dormitories
for students and housing for beneficiaries of incentive policies; investment in
construction of functional urban areas (including kindergartens, schools,
hospitals) for workers.
3.
Response to oil spill, landslide, failure of river banks, coasts, reservoirs
and other environmental emergencies; application of technology to minimization
of greenhouse gas.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5.
Manufacture, supply of equipment for environmental monitoring, on-site domestic
waste treatment environment-friendly products and services that are granted
Vietnam’s Ecology Label in accordance with environmental protection laws.
6. Investment
in technology incubation centers, science and technology enterprises in
accordance with technology laws.
7.
Investment in innovation, research and development centers.
8.
Concentrated treatment of domestic waste with designed capacity of at least 2.500
m3/24 hours in Class IV urban areas or above.
9.
Collection, transport, concentrated treatment of conventional solid wastes.
10.
Treatment and co-incineration of hazardous wastes.
11.
Restoration of polluted public areas.
12.
Response to oil spills, chemical emergencies and other environmental
emergencies.
13.
Construction of environmental protection infrastructure in industrial zones,
industrial complexes and trade villages.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
15.
Environmental monitoring.
16.
Investment in construction of cemeteries, crematories.
17.
Assessment of environmental damage; assessment of environmental health;
environmental assessment of imported scraps, goods, equipment, technology.
18.
Production of environmental protection applications granted patents by the
State.
19.
Manufacture of environment-friendly products that are granted Vietnam Green
Label by the Ministry of Natural Resources and Environment; products from
recycling, treatment of solid wastes (domestic, industrial hazardous wastes) by
waste treatment facilities.
20.
Production of gasoline, diesel fuels and bio-fuels granted certificates of
conformity; bio-coals; wind power, solar power, tidal power, thermal power and
other renewable energies.
21.
Manufacture, import of specialized equipment and vehicles for collection,
transport, treatment of wastes; equipment for automatic and continuous
monitoring of wastewater and exhaust gas; equipment for measuring, sampling and
analysis of environment; production or renewable energies; environment
pollution control; response to environmental emergencies.
22.
Manufacture activities, business operation, services of environment-friendly
facilities granted Vietnam Green Label by the Ministry of Natural Resources and
Environment.
23.
Manufacture of water-saving products, equipment and technology.
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1.
Investment in infrastructure of educational institutions, vocational education
institutions; investment in development of non-public preschool, primary and
secondary education educational institutions, and vocational education
institutions.
2.
Manufacture of medical devices, construction of warehouses for preservation of
pharmaceuticals and medicines for human use in preparation for disasters and
dangerous epidemics.
3.
Manufacture of medicinal ingredients, crop protection chemicals and pesticides;
prevention and treatment of diseases in animals and aquatic organisms.
4.
Manufacture of veterinary medicines and ingredients thereof; preservation of
veterinary medicines; manufacture of veterinary equipment.
5.
Investment in facilities for biology testing, evaluation of bioavailability of
drugs; pharmaceutical facilities satisfying good manufacturing practice, good
storage practice, good clinical practice standards.
6.
Investment in research into scientific foundations of oriental and traditional
remedies, and establishment of standards for clinical trial of oriental and
traditional remedies.
7.
Investment in sports centers, training facilities, stadiums, swimming pools;
facilities for manufacture, fabrication, repair of sports equipment.
8.
Investment in district-level libraries, specialized libraries, university
libraries, libraries of educational institutions, public libraries, private
libraries serving communities and development of reading culture serving
lifelong learning.
9.
Investment in development of vocational education quality assessment
organization and manufacture of vocational education equipment.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1.
Operations of people's credit funds and microfinance institutions.
2.
Publishing of electronic publications.
3.
Investment in distribution chains of small and medium enterprises (SMEs);
investment in incubation facilities for SMEs; investment in facilities
providing technical assistance for SMEs; investment in co-working spaces for
SMEs and startups in accordance with regulations of law on assistance for SMEs.
4.
Investment in startups.
APPENDIX III
LIST OF AREAS ELIGIBLE FOR
INVESTMENT INCENTIVES
No.
Proving
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Disadvantaged areas
1
Bac Kan
All
districts, district-level towns and Bac Kan city
2
Cao
Bang
All
districts and Cao Bang city
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Ha
Giang
All
districts and Ha Giang city
4
Lai
Chau
All
districts and Lai Chau city
5
Son La
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6
Dien
Bien
All
districts, district-level towns and Dien Bien City
7
Lao Cai
All
districts and Sapa town
Lao Cai
city
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Tuyen
Quang
Na
Hang, Chiem Hoa, Lam Binh districts
Ham
Yen, Son Duong, Yen Son districts and Tuyen Quang city
9
Bac
Giang
Son
Dong district
Luc
Ngan, Luc Nam, Yen The, Hiep Hoa district
10
Hoa
Binh
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Kim
boi, Luong Son, Lac thuy, Tan Lac, Cao Phong, Lac Son, Yen Thuy districts and
Hoa Binh city
11
Lang
Son
Binh
Gia, Dinh Lap, Cao Loc, Loc Binh, Trang Dinh, Van Lang, Van Quan, Bac Son,
Chi Lang, Huu Lung districts
12
Phu Tho
Thanh
Son, Tan Son, Yen Lap districts
Doan
Hung, Ha Hoa, Phu Ninh, Thanh Ba, Tam Ngong, Cam Khe districts
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Thai
Nguyen
Vo
Nhai, Dinh hoa, Dai Tu, Phu Luong, Dong Hy districts
Phu
Binh district, Pho Yen town
14
Yen Bai
Luc
Yen, Mu Cang Chai, Tram Tau districts
Tran
Yen, Van Chan, Van Yen, Yen Binh districts, Nghia Lo town
15
Quang
Ninh
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Van
Don, Tien Yen, Hai Ha, Dam Ha districts
16
Hai
Phong
Bach
Long Vy, Cat Hai islands
17
Ha Nam
Ly
Nhan, Thanh Liem, Binh Luc districts
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Nam
Dinh
Giao
Thuy, Xuan Truong, Hai Hau, Nghia Hung districts
19
Thai Binh
Thai
Thuy, Tien Hai districts
20
Ninh
Binh
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Nho
Quan, Gia Vien, Kim Son, Tam Diep, Yen Mo districts
21
Thanh
Hoa
Muong
Lat, Quan Hoa, Quan Son, Ba Thuoc, Lang Chanh, Thuong Xuan, Cam Thuy, Ngoc
Lac, Nhu Thanh, Nhu Xuan districts
Thach
Thanh, Nong Cong districts
22
Nghe An
Ky Son,
Tuong Duong, Con Cuong, Que Phong, Quy Hop, Quy Chau, Anh Son districts
Tan Ky,
Nghia Dan, Thanh Chuong districts and Thai Hoa town
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Ha Tinh
Huong
Khe, Huong Son, Vu Quang, Loc Ha, Ky Anh districts
Duc
Tho, Nghi Xuan, Thach Ha, Cam Xuyen, Can Loc districts and Ky Anh town
24
Quang
Binh
Tuyen
Hoa, Minh Hoa, Bo Trach districts
Other
districts and Ba Don town
25
Quang
Tri
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Other
districts
26
Thua
Thien Hue
A Luoi,
Nam Dong districts
Phong
Dien, Quang Dien, Phu Loc, Phu Van districts and Huong Tra town
27
Da Nang
Hoang
Sa Archipelago
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Quang
Nam
Dong
Giang, Tay Giang, Nam Giang, Phuoc Son, Bac Tra My, Nam Tra My, Hiep Duc,
Tien Phuoc, Nui Thanh (Tam Son, Tam Thanh, Tam My Dong, Tam My Tay, Tam Tra,
Tam Hai communes), Nong Son, Thang Binh (Binh Lanh, Binh Tri, Binh Dinh Bac,
Binh Dinh Nam, Binh Quy, Binh Phu, Binh Chanh, Binh Que communes) districts
and Cu Lao Cham island
Dai
Loc, Que Son, Phu Ninh, Duy Xuyen (Duy Chau, Duy Hoa, Duy Phu, Duy Son, Duy
Tan, Duy Thu, Duy Trinh, Duy Trung communes) Nui Thanh (Tam Xuan I, Tam Xuan
II, Tam Anh Bac, Tam Anh Nam communes), Thang Binh (Binh Nguyen, Binh Tu,
Binh An, Binh Trung communes) districts
29
Quang
Ngai
Ba To,
Tra Dong, Son tay, Son Ha, Minh Long, Binh Son, Son Tinh districts and Ly Son
island
Nghia
Hand district
30
Binh
Dinh
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Tuy
Phuoc district
31
Phu Yen
Song
Hinh, Dong Xuan, Son Hoa, Phu Hoa, Tay Hoa districts
Song
Cau, Dong Hoa towns, Tuy An district
32
Khanh
Hoa
Khanh
Vinh, Khanh Son districts, Truong Sa Archipelago and other islands in the
province
Van
Ninh, Dien Khanh, Cam Lam districts, Ninh Hoa town, Cam Ranh city
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Ninh
Thuan
All
districts
Phan
Rang – Thap Cham city
34
Binh
Thuan
Phu Quy
district
Bac
Binh, Tuy Phong, Duc Linh, Tanh Linh, Ham Thuan Bac, Ham Thuan Nam, Ham Tan
districts
35
Dak Lak
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Buon Ma
Thuot city
36
Gia Lai
All
districts and district-level towns
Pleiku
city
37
Kon Tum
All
districts and district-level cities
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Dak
Nong
All
districts and district-level towns
39
Lam
Dong
All
districts
Bao Loc
city
40
Ba Ria
– Vung Tau
...
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Phu My,
Chau Duc, Xuyen Loc towns
41
Tay
Ninh
Tan
Bien, Tan Chau, Chau Thanh, Ben Cau districts
Duong
Minh Chau, Go Dau, Hoa Thanh districts and Trang Bang town
42
Binh
Phuoc
Loc
Ninh, Bu Dang, Bu Dop, Bu Gia Map, Phu Rieng districts
Dong
Phu, Chon Thanh, Hon Quan districts, Binh Long, Phuoc Long towns
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Long An
Duc
hue, Moc Hoa, Vinh Hung, Tan Hung districts
Kien
Tuong town; Tan Thanh, Duc Hoa, Thanh Hoa districts
44
Tien
Giang
Tan
Phuoc, Tan Phu Dong districts
Go Cong
Dong, Go Cong Tay districts
45
Ben Tre
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Other
districts
46
Tra
Vinh
Chau
Thanh, Tra Cu districts
Cau
Ngang, Cau Ke, Tieu Can, Duyen Hai districts, Duyen Hai town, Cang Long town,
Tra Vinh city
47
Dong
Thap
Hong
Ngu, Tan Hong, Tam Nong, Thap Muoi districts and Hong Ngu town
Other
districts
...
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Vinh
Long
Tra On,
Binh Tan, Vung Liem, Mang Thit, Tam Binh districts
49
Soc
Trang
All
districts, Vinh Chau and Nga Nam towns
Soc
Trang city
50
Hau
Giang
...
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Vi
Thanh city
51
An
Giang
An Phu,
Tri Ton, Thoai Son, Tinh Bien districts and Tan Chau town
Chau
Doc city and other districts
52
Bac
Lieu
All
districts and district-level towns
Bac
Lieu city
...
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Ca Mau
All
districts and islands in the province
Ca Mau
city
54
Kien
Giang
Ha Tien
town, all districts and islands in the province
Rach
Gia city
55
...
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Industrial
zones, export processing zones, industrial complexes established under
regulations of the Government