JOINT CIRCULAR No. 10/2000/TTLT-BKHĐT-BCA-BTP-BNG GUIDING THE INVESTMENT OF VIETNAMESE OVERSEAS RESIDENTS AND FOREIGN RESIDENTS IN VIETNAM ACCORDING TO DECREE No. 51/1999/NĐ-CP OF JULY 8, 1999 OF THE GOVERNMENT PROVIDING DETAILED REGULATIONS FOR THE IMPLEMENTATION OF THE LAW ON ENCOURAGING DOMESTIC INVESTMENT (AMENDED) NUMBER 03/1998/QH10

JOINT CIRCULAR No. 10/2000 GUIDES THE INVESTMENT OF VIETNAMESE OVERSEAS RESIDENTS AND FOREIGN RESIDENTS IN VIETNAM ACCORDING TO DECREE No. 51. THE CIRCULAR REGULATES NOTARIZATION OF DOCUMENTS, ESTABLISHMENT OF ENTERPRISES, CAPITAL CONTRIBUTION, INVESTMENT INCENTIVES, ENTRY AND EXIT, RESIDENCE, BUSINESS REGISTRATION, TRANSFER OF INVESTOR NAME, AND RELATED PROCEDURES.

文号10/2000/TTLT-BKHĐT-BCA-BTP-BNG
文件类型Joint Circular
发布机关Ministry of Justice
更新01/07/2026
领域Uncategorized
发布日期15/08/2000
生效日期30/08/2000
失效日期15/07/2005
状态Expired
✦ 智能摘要

JOINT CIRCULAR No. 10/2000 GUIDES THE INVESTMENT OF VIETNAMESE OVERSEAS RESIDENTS AND FOREIGN RESIDENTS IN VIETNAM ACCORDING TO DECREE No. 51. THE CIRCULAR REGULATES NOTARIZATION OF DOCUMENTS, ESTABLISHMENT OF ENTERPRISES, CAPITAL CONTRIBUTION, INVESTMENT INCENTIVES, ENTRY AND EXIT, RESIDENCE, BUSINESS REGISTRATION, TRANSFER OF INVESTOR NAME, AND RELATED PROCEDURES.

适用范围

VIETNAMESE OVERSEAS RESIDENTS, FOREIGN RESIDENTS IN VIETNAM, STATE MANAGEMENT AUTHORITIES, AND ENTERPRISES.

要点

  • VIETNAMESE OVERSEAS RESIDENTS AND FOREIGN RESIDENTS IN VIETNAM ARE ENTITLED TO NOTARIZE INVESTMENT DOCUMENTS AND ESTABLISH ENTERPRISES ACCORDING TO THE ENTERPRISE LAW.
  • INVESTORS MAY CONTRIBUTE CAPITAL OR PURCHASE SHARES OF STATE ENTERPRISES UP TO 30% OF THE REGISTERED CAPITAL.
  • OVERSEAS RESIDENTS AND FOREIGN RESIDENTS IN VIETNAM ARE ENTITLED TO TAX, LAND, AND LOAN INCENTIVES FROM THE DEVELOPMENT SUPPORT FUND.
  • INVESTORS WITH PROJECTS LISTED IN CATEGORY A OR IMPLEMENTED IN AREAS SPECIFIED IN CATEGORIES B/C ARE ELIGIBLE FOR TAX EXEMPTIONS AND REDUCTIONS.
  • OVERSEAS RESIDENTS AND FOREIGN RESIDENTS IN VIETNAM ARE ENTITLED TO A UNIFORM CHARGE SYSTEM FOR SERVICES SUCH AS HOUSING, HOTELS, ELECTRICITY, WATER, HEALTHCARE.

🌐 本文件的社会影响

  • FACILITATE THE INVESTMENT OF VIETNAMESE OVERSEAS RESIDENTS AND FOREIGN RESIDENTS IN VIETNAM.
  • REDUCE TAX AND FEE BURDENS FOR BUSINESSES TO STRENGTHEN INVESTMENT IN PREFERRED SECTORS.
  • PROMOTE LOCAL ECONOMIC DEVELOPMENT THROUGH INCENTIVIZING INVESTMENTS IN DIFFICULT AREAS.

❓ 常见问题

WHAT DO VIETNAMESE OVERSEAS RESIDENTS NEED TO DO TO HAVE THEIR INVESTMENT DOCUMENTS NOTARIZED?

THEY MUST HAVE A VALID PASSPORT OR CERTIFICATE OF CITIZENSHIP, AND ANY RELATED PROFESSIONAL DOCUMENTS MUST BE TRANSLATED INTO VIETNAMESE AND NOTARIZED.

WHAT IS THE MAXIMUM AMOUNT OF CAPITAL THAT AN INVESTOR CAN CONTRIBUTE TO A STATE ENTERPRISE?

NOT MORE THAN 30% OF THE REGISTERED CAPITAL OF THE ENTERPRISE OPERATING IN THE SECTORS AND INDUSTRIES LISTED IN CATEGORY A.

WHAT IS THE AMOUNT OF TAX EXEMPTIONS AND REDUCTIONS FOR INVESTORS WITH PROJECTS LISTED IN CATEGORY A OR IMPLEMENTED IN AREAS SPECIFIED IN CATEGORIES B/C?

ACCORDING TO DECREE No. 51, THE LEVEL OF TAX EXEMPTIONS AND REDUCTIONS IS APPLIED SIMILAR TO DOMESTIC ENTERPRISES OF THE SAME TYPE.

WHAT SERVICES CAN OVERSEAS RESIDENTS AND FOREIGN RESIDENTS IN VIETNAM ENJOY UNDER THE UNIFORM CHARGE SYSTEM?

THE UNIFORM CHARGE SYSTEM INCLUDES HOUSING, HOTELS, ELECTRICITY, WATER, HEALTHCARE, DOMESTIC TRAVEL FEES, POST AND TELECOMMUNICATION FEES, AND EDUCATION FEES.

WHAT IS THE LEASE PERIOD FOR LAND USED FOR INVESTMENT PROJECTS?

NOT MORE THAN 50 YEARS AS APPROVED BY THE COMPETENT STATE AUTHORITY.

全文

JOINT CIRCULAR

 

Guidelines for Vietnamese persons residing abroad and foreign persons permanentlyresiding in Vietnam to invest in accordance with Decree No. 51/1999/ND-CP datedJuly 8, 1999, detailing the implementation of the Law on Encouraging DomesticInvestment (amended) No. 03/1998/QH10.

 

Pursuant to the Law on Encouraging Domestic Investment (amended) No. 03/1998/QH10dated May 20, 1998;

Pursuant to Decree No. 51/1999/ND-CP dated July 8, 1999 of the Government detailingthe implementation of the Law on Encouraging Domestic Investment (amended) No.03/1998/QH10 (hereinafter referred to as Decree 51);

Pursuant to Decision No. 767/TTg dated September 17, 1997 of the Prime Minister onmajor policies towards overseas Vietnamese communities;

Pursuant to Decision No. 210/1999/QD-TTg dated October 27, 1999 of the PrimeMinister on policies towards overseas Vietnamese;

The Ministry of Planning and Investment - Ministry of Justice - Ministry of ForeignAffairs - Ministry of Public Security issue guidelines for Vietnamese personsresiding abroad and foreign persons permanently residing in Vietnam to invest inaccordance with Decree No. 51 as follows:

 

I. GENERAL PROVISIONS

1. Scope of application of this Circular

1.1. Overseas Vietnamese persons, including:

a-Vietnamese citizens residing, working, and living long-term abroad;

b-Persons of Vietnamese origin residing, working, and living long-term abroad;

1.2. Persons having blood relations with Vietnam, including: Persons whose father,mother, grandfather, grandmother, maternal grandfather, or maternal grandmothercurrently have or had Vietnamese nationality.

1.3. Foreign persons permanently residing in Vietnam, including:

a-Foreign citizens residing, working, and living long-term in Vietnam who have beenissued a Permanent Resident Card by competent Vietnamese authorities;

b-Stateless persons residing, working, and living long-term in Vietnam who havebeen issued a Permanent Resident Card by competent Vietnamese authorities.

2. Notarization and legalization of investors' documents

The following documents in a foreign language of the investor must be translatedinto Vietnamese and the translation must be notarized by a Vietnamese notaryoffice:

-A document from a competent authority abroad certifying that the investor is aperson within the scope defined in Point 1.2 of this Circular.

-Documents, certificates, diplomas related to the investor's professionalqualifications issued, certified, or authenticated by a competent authority abroad.

3. Establishing a business to implement investment projects

3.1. To implement investment projects under the Law on Encouraging DomesticInvestment, the investor may establish a business directly in their own name orjointly with Vietnamese citizens, overseas Vietnamese persons, or foreign personspermanently residing in Vietnam according to the Enterprise Law and the CooperativesLaw.

3.2. An investor who previously transferred capital and assets to Vietnamese citizensor Vietnamese production and business establishments and used the name of suchindividuals or organizations to invest and operate in Vietnam, if they have theneed and meet the conditions, may go through procedures to change the investorname according to the guidance in Part V of this Circular.

3.3. Investors are permitted to hire experts and skilled workers from abroad inaccordance with Clause 32 of Decree No. 51.

4. Rights to contribute capital and purchase shares

4.1. The process of investors contributing capital or purchasing shares of state-owned enterprises as stipulated in Article 5 of Decree 51 shall be carried out asfollows:

a-They are allowed to contribute capital or purchase shares up to a maximum of 30%of the charter capital of enterprises operating in fields, industries, or tradeslisted in the Catalogue approved by the Prime Minister for each period upon therecommendation of the Minister of Planning and Investment.

b-The contribution of capital or purchase of shares as stipulated in Point 4.1.a ofthis Circular into centrally-managed state-owned enterprises shall be decided bythe Minister of Finance; for locally-managed state-owned enterprises, it shall bedecided by the Chairman of the People's Committee of provinces or centrally-administered cities upon the recommendation of the Director of the ProvincialDepartment of Planning and Investment.

4.2. Investors are allowed to contribute capital or purchase shares without limitationon the proportion of contributed capital or shareholding in non-state-ownedenterprises. The process of investors contributing capital or purchasing sharesshall be carried out according to the contract signed between the investor and therelevant enterprise. In this case, the enterprise must notify in writing thecompetent authority that issued the Business Registration Certificate to theenterprise no later than 15 days after completing the capital contribution or sharepurchase.

5. Industries, trades, fields, and areas of investment and encouraged investment

5.1. Investors are allowed to invest and operate in all industries, trades, fields, andareas as prescribed by Vietnamese law, except those specified in Clause 2 ofArticle 6 of the Enterprise Law and detailed in Clause 1 of Article 3 of DecreeNo. 03/2000/ND-CP of the Government detailing the implementation of theEnterprise Law.

5.2. Investors are encouraged to invest and operate in industries, trades, and fieldsspecified in Catalogue A attached to Decree 51 (hereinafter referred to asCatalogue A).

5.3. Investors are encouraged to invest and operate in areas with difficult economicand social conditions specified in Catalogue B; and areas with extremely difficulteconomic and social conditions specified in Catalogue C attached to Decree 51(hereinafter referred to as Catalogue B and Catalogue C).

II. ENSURING AND SUPPORTING INVESTMENT

6. Support for production and business premises

6.1. Investors with projects under the Law on Encouraging Domestic Investment, ifthey need to lease land for project implementation, shall be facilitated inleasing land.

Competent state authorities shall lease land based on the purpose of land useestablished in the feasibility study, and based on the socio-economic developmentplan of the locality for each project.

The term of land leasing shall be determined according to the project approved bycompetent state authorities but shall not exceed 50 years.

The limit of land leasing for the project shall be implemented in accordance withlegislation.

6.2. Investors are allowed to lease land to build houses for sale to eligible buyers orfor rental in Vietnam in accordance with Vietnamese law.

6.3. The period for exemption from land rent payment for investment projects inindustries, professions, or fields listed in Category A, or projects implementedin areas listed in Categories B or C, shall be carried out in accordance withthe provisions for domestic enterprises of the same type as stipulated inArticle 18 of Decree 51.

7. Rights of investors to leased land

Investors with investment projects that are granted land leases by the State shallhave the rights specified in Article 7 of the Ordinance on the rights andobligations of foreign organizations and individuals leasing land in Vietnam.

8. Borrowing from the Development Support Fund

Investors with investment projects listed in Category A, or implementing projectsin areas listed in Categories B or C, shall be considered for investment supportby the Development Support Fund through forms such as investment loans; post-investment interest rate support; guaranteeing investment credit according tocurrent laws on state investment development credit.

9. Tax Exemption and Reduction

The application of corporate income tax rates; levels of exemption and reductionof corporate income tax, personal income tax, additional income tax, importtaxes on equipment and machinery constituting fixed assets for investmentprojects in industries, professions, or fields listed in Category A, or projectsimplemented in areas listed in Categories B or C, shall be carried out inaccordance with the provisions for domestic enterprises of the same type astipulated in Articles 20 to 27 of Decree 51.

10. Implementation of the principle of a single price for investment projects underthe Law on Incentives for Domestic Investment (amended)

10.1. Overseas Vietnamese directly investing in Vietnam, foreigners permanentlyresiding in Vietnam directly investing in Vietnam, and joint ventures establishedby Vietnamese citizens with overseas Vietnamese or foreigners permanentlyresiding in Vietnam, with investment projects under the Law on Incentives forDomestic Investment, shall enjoy the same prices and bear the same level of taxesas domestic projects of the same type for land, goods, raw materials, fuel,materials, supplies, and other services priced by the Government.

Relevant state agencies and production and business establishments providinginput factors for production uniformly priced by the Government shall implementthis provision.

10.2. Investors with investment projects as stipulated in Clauses 1, 2, 3, and 5 ofArticle 1 of Decree 51, along with their relatives residing in Vietnam (ifany), including spouses, parents, children, or legally adopted children, shallbe subject to the same service prices for housing, hotels, electricity, water,medical services, domestic air, road, and sea transport fares, postal andtelecommunication charges, and education and training fees as applied toVietnamese citizens within the country.

11. Certificate for the Application of a Single Price for Investors and Proceduresfor Issuing the Certificate

11.1. The certificate for the application of a single price shall be issued toinvestors and their relatives (if any) with investment projects as stipulated inClauses 1, 2, 3, and 5 of Article 1 of Decree 51.

The certificate for the application of a single price shall be uniformly issued bythe Ministry of Planning and Investment and shall be valid nationwide (modelcertificate attached to this Circular). The Chairman of the People's Committeeof provinces and centrally-administered cities shall examine and sign and issue this certificate to investors and their relatives within seven days from thereceipt of complete and valid application files.

11.2. The application file for the application of a single price includes:

a-A request form for the application of a single price accompanied by a list ofrelatives of the investor who are also eligible for the benefit; each investorand relative must submit two passport-sized photographs, front-facing, bareheaded, measuring 3x4 cm, taken no more than six months prior to submitting theform (with full name and date of birth noted on the back).

b-Documents proving the relationship between the investor and their relatives.

11.3. Investors must submit the documents stipulated in Point 11.2 of this Circularalong with the investment incentive registration dossier for their project atthe Department of Planning and Investment of the province or centrally-administered city where the main office is located or where the project isimplemented.

11.4. For projects already underway before this Circular takes effect, investorsmust submit the documents stipulated in Point 11.2 of this Circular along witha certified copy of the Investment Incentive Certificate to the Department ofPlanning and Investment that has granted the investment incentives.

Within ten days of receiving the application file for the application of a singleservice price, the Department of Planning and Investment shall examine andsubmit to the Chairman of the People's Committee of the province or centrally-administered city for a decision on issuing the certificate for theapplication of a single price to the investor and their relatives.

11.5. The benefits of the investor and their relatives recorded on the certificateinclude the services specified in Point 10.2 of this Circular.

11.6. The People's Committee of the province or centrally-administered city thatissued the certificate shall decide to revoke the certificate for theapplication of a single price from the investor and their relatives if theinvestor's enterprise is declared bankrupt or dissolved, or if the certificateholder violates the provisions of Clause 3 of Article 121 of the Enterprise Law.

III. PROCEDURES FOR CONFIRMATION OF OVERSEAS VIETNAMESE AND RELATIVES WITHVIETNAMESE BLOOD RELATIONSHIP

12. Confirmation of Vietnamese Citizenship and Loss of Vietnamese Citizenship

12.1. Individuals falling under the category specified in Point 1.1.a of thisCircular must have a valid Vietnamese passport. If they do not have a Vietnamesepassport, they must provide one of the following documents: Certificate ofVietnamese citizenship; Certificate of loss of Vietnamese citizenship; orCertificate of citizen registration. Individuals falling under this categorydonot need to go through the procedures for confirmation of Vietnamese bloodrelationship.

12.2. Individuals falling under the category specified in Point 1.1.b of thisCircular must provide a Certificate of Vietnamese citizenship, Certificate ofloss of Vietnamese citizenship, or Certificate of citizen registration.

12.3. Competence, procedures, and process for issuing Certificates of VietnameseCitizenship, Certificates of Loss of Vietnamese Citizenship, and Certificates ofCitizen Registration:

-The issuance of Certificates of Vietnamese nationality shall be carried out inaccordance with Article 35 and Article 36 of the Law on Vietnamese Nationalityand Articles 17, 18, and 19 of Decree No. 104/1998/NĐ-CP dated December 31,1998 of the Government detailing and guiding the implementation of the Lawon Vietnamese Nationality (hereinafter referred to as Decree No. 104/1998/NĐ-CP).

-The issuance of Certificates of loss of Vietnamese nationality shall be carried outin accordance with Article 35 and Article 36 of the Law on VietnameseNationality, Article 25 and Article 26 of Decree No. 104/1998/NĐ-CP.

-The issuance of Certificates of citizen registration shall be carried out inaccordance with Decision No. 713-NG-QĐ dated May 17, 1997 of the Ministry ofForeign Affairs.

13. Procedures for confirming persons with blood relations to Vietnam

13.1.Persons falling within the scope defined in Point 1.2 of this Circular must havea Certificate of Blood Relations to Vietnam (the form of which is attached to thisCircular) issued by one of the following competent authorities:

a-Diplomatic or consular agencies of Vietnam abroad;

b-The Committee for Overseas Vietnamese;

13.2.Applicants requesting the issuance of a Certificate of Blood Relations to Vietnamfrom the authorities specified in Point 13.1 of this Circular must submit anapplication form (the form of which is attached to this Circular). Accompanyingthe application form must be the following documents (including those issuedby former authorities before April 30, 1975):

a-Documents proving Vietnamese nationality of the father, mother, paternalgrandfather, paternal grandmother, maternal grandfather, or maternal grandmother;in cases where these individuals have lost Vietnamese nationality, a Certificateof Loss of Vietnamese Nationality must be provided;

b-Documents proving that the applicant is the biological child, grandchild, or great-grandchild of the individuals mentioned in Point 13.2.a of this Circular;

c-A valid foreign passport.

13.3.In cases where it is impossible to obtain the documents stipulated in Points 13.2.aand 13.2.b of this Circular, the applicant for confirmation of blood relations toVietnam must provide the following documents:

a-For applications made at the competent authorities of Vietnam abroad as specifiedin Point 13.1.a of this Circular, the following must be provided:

-A written certificate from a community organization of Vietnamese people in thelocality where the applicant resides (which may be the Association of VietnamesePeople associated with organizations and agencies operating legally in thecountry or the diplomatic agency of Vietnam in that country) confirming that theapplicant has blood relations with a person currently holding Vietnamese nationalityor with a person who once held Vietnamese nationality.

-An autobiographical resume of the applicant from the time prior to the applicationfor confirmation of blood relations to Vietnam.

b-For applications made at the competent authorities of Vietnam within the countryas specified in Point 13.1.b of this Circular, the following must be provided:

-A written statement from at least two Vietnamese citizens residing permanentlywithin the country, who are fully capable of civil acts, confirming that theapplicant has blood relations with a person holding Vietnamese nationality orwith a person who once held Vietnamese nationality; the certificate must clearlystate the name, address of the person being certified, and the names of thoseissuing the certificate.

-An autobiographical resume of the applicant from the time prior to the applicationfor confirmation of blood relations to Vietnam.

13.4.Within twenty working days from the date of receipt of complete and validdocuments, the competent authority of Vietnam will examine and issue aCertificate of Blood Relations to Vietnam. In case of refusal to issue thecertificate, the authority must respond in writing to the applicant, clearly statingthe reasons.

IV. ENTRY AND EXIT, RESIDENCE OF INVESTORS

14. Entry and exit of investors

14.1.Investors holding a valid Vietnamese passport are allowed to enter and exitVietnam without a visa.

14.2.Foreign passport holders of investors are facilitated by Vietnamese stateauthorities when entering Vietnam to implement investment projects under theDomestic Investment Promotion Law (amended).

15. Residence, issuance, change, and revocation of Permanent Resident Cards

15.1.The residence and movement of investors as specified in Points 1.2 and 1.3 of thisCircular shall be carried out in accordance with Article 11 and Article 12 of theLaw on Entry, Exit, and Residence of Foreigners in Vietnam promulgated onApril 28, 2000.

15.2.The issuance, change, or revocation of Permanent Resident Cards for investorsshall be conducted by the competent immigration management authoritiesunder the Ministry of Public Security in accordance with Articles 13 and 14 of theLaw on Entry, Exit, and Residence of Foreigners in Vietnam dated April 28, 2000.

V. PROCEDURES FOR BUSINESS REGISTRATION AND APPLICATION FOR INVESTMENT INCENTIVES

16. Business registration documents

Inaddition to the business registration documents required by law for domesticinvestors, investors must also provide the following additional documents:

16.1.For investors falling within the scope defined in Point 1.1 of this Circular, thefollowing must be submitted:

a-A copy of a valid Vietnamese passport or a Certificate of Vietnamese Nationality;Certificate of Loss of Vietnamese Nationality; or Certificate of CitizenRegistration;

b-Related certificates and qualifications concerning professional expertise of theperson in charge, as required by Vietnamese law for certain industries andprofessions.

16.2.For investors falling within the scope defined in Point 1.2 of this Circular, theymust provide a Certificate of Blood Relations to Vietnam and the documentsstipulated in Point 16.1.b of this Circular.

16.3.For investors falling within the scope defined in Point 1.3 of this Circular, theymust provide a Permanent Resident Card issued by a competent Vietnameseauthority and the documents stipulated in Point 16.1.b of this Circular.

17. Procedure and time limit for examining business registration applications

17.1.Investors must directly or through an authorized representative submit theirregistration documents to the Planning and Investment Department of theprovince or centrally-administered city where their business office is located. Whensubmitting the documents, the investor (or the authorized representative) mustpresent their passport and original copies of necessary documents for verificationand comparison. The Planning and Investment Department will accept thedocuments, verify the passport and the validity of the documents, and at the sametime issue a notice to the investor according to current Vietnamese law.

17.2.Within fifteen working days from the date of receipt of complete and validdocuments, the Planning and Investment Department is responsible for examiningand processing the business registration for the investor.

18. Procedures for applying for investment incentives and obligations to report on theimplementation of investment incentives

18.1. To be eligible for investment incentives under the amended Law on Encouraging Domestic Investment, an investor with a project in industries, occupations, or fields specified in List A or implementing a project in areas specified in List B or List C must comply with the necessary procedures stipulated in Circular No. 02/1999/TT-BKH dated September 24, 1999, issued by the Ministry of Planning and Investment.

18.2. Every six months (at the beginning of June and December each year), enterprises enjoying investment incentives shall report to the Department of Planning and Investment on the implementation of incentive measures already and currently being enjoyed at their enterprises for consolidation and reporting to the Ministry of Planning and Investment.

18.3. In cases where an enterprise or investor violates Vietnamese laws, fails to fully meet the conditions for enjoying investment incentives, settles abroad, or breaches the provisions set forth in Clause 3, Article 121 of the Enterprise Law, the Department of Planning and Investment shall revoke the Certificate of Investment Incentives and the Card certifying application of a single price regime (if any) of the investor and the investor's relatives according to Article 33 of the amended Law on Encouraging Domestic Investment.

VI. TRANSFER OF INVESTOR NAME, TRANSFER OF PREVIOUS INVESTMENT CAPITAL IN THE ENTERPRISE TO BECOME THE INVESTOR'S CONTRIBUTED CAPITAL

19. Conditions for transferring the name of the investor of an operating enterprise

19.1. When an investor referred to in Point 3.2 of this Circular processes the procedure to transfer the investor's name, they must have the following documents:

a-A document agreeing to return assets and capital of the enterprise managed by the person (or persons) standing in the name of the investor to the investor;

b-A document from the person (or persons) standing in the name of the investor voluntarily transferring management rights of the enterprise to the investor;

c-A document of agreement from the founders and shareholders of the enterprise regarding the acceptance of the conversion of the investor, transfer of investment capital;

d-A confirmation from the tax authority that the enterprise has fulfilled all financial obligations to the State of Vietnam in its request to change the investor's name;

e-An application from the investor requesting to change the investor's name and transfer investment capital in the business registration of the enterprise. This includes a commitment to implement the company's charter and assume the rights and obligations of the enterprise.

19.2. The new investor is responsible for formalizing ownership, usage rights, or other related rights to the assets received according to current Vietnamese law.

20. Conditions for transferring previous investment capital into domestic enterprises under the name of Vietnamese citizens to become the investor's contributed capital

An investor referred to in Point 3.2 of this Circular who has transferred their capital and assets to a Vietnamese citizen or a Vietnamese production and business establishment and borrowed the name of such individual or organization to invest and operate in Vietnam, when processing the procedure to stand as the shareholder of their own capital in the enterprise, must have a document from the Vietnamese citizen or production and business establishment agreeing to return the part of assets and capital managed and used by them to the investor.

21. Procedures, formalities, and time limits for considering the change of the investor's name.

21.1. The Department of Planning and Investment assists the Chairman of the People's Committee of the province or centrally-administered city in handling the matter of changing the investor's name. The Department receives, reviews the file, and guides the investor to supplement the necessary documents.

21.2. To change the name of the investor of an operating enterprise, the investor submits the business registration file to the Department of Planning and Investment that previously issued the business registration certificate of the enterprise, including the documents as prescribed in Point 16.1 and the documents prescribed in Point 19.1 of this Circular.

21.3. After submitting a complete and valid file, within twenty days, the investor must announce at least five times on local mass media about the change of the investor's name. During this period, individuals and organizations with rights and interests in the enterprise must come to the enterprise to resolve their legitimate rights.

21.4. After the twenty-day announcement period, if there are no disputes or complaints against the enterprise's request to change the investor's name, the Department of Planning and Investment will process the change of the investor's name and submit it to the Chairman of the People's Committee of the province or centrally-administered city for decision.

                       

22. Other Provisions Related to Changing the Investor's Name

22.1. Changing the investor's name can only be carried out for enterprises without disputes.

22.2. Administrative penalties for non-compliance with prior investment registration by the investor will not be imposed.

22.3. The Department of Planning and Investment will not handle the matter of changing the investor's name for enterprises currently involved in civil disputes or related to criminal matters. Disputes will be resolved according to the relevant laws on mediation, civil litigation, or administrative proceedings.

VII. IMPLEMENTATION ORGANIZATION

23. Effectiveness and Implementation

23.1. This Circular takes effect fifteen days from the date of signature and replaces Circular No. 02 BKH/DN dated May 12, 1995, issued by the Ministry of Planning and Investment and Joint Circular No. 11-BKH/NG dated December 31, 1996, issued by the Ministry of Planning and Investment and the Ministry of Foreign Affairs.

23.2. State management agencies and enterprises during the implementation of this Circular, if encountering difficulties or obstacles, should promptly reflect these issues in writing to the Ministry of Planning and Investment. The Ministries of Justice, Foreign Affairs, and Public Security are responsible for coordinating with the Ministry of Planning and Investment to resolve arising issues.

APPLICATION FOR CONFIRMATION

OF BLOOD RELATIONSHIP WITH VIETNAMESE NATIONALS

Respectfully submitted to:

1.     I am:

- Full name in Vietnamese (in uppercase letters, with accents):

- Full name in passport (in uppercase letters):

1.     Date of birth:                       year

1.     Place of birth:

1.     Permanent address abroad:

2.     Permanent or temporary address in Vietnam: - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).:

1.     Current nationality:

2.     Current passport number:

Passport issuance date:

Issuing place of passport:

Country issuing passport:

Passport validity until: day month year

8. Occupation, specialty, profession, qualification:

Request:          (name of the authority requested to confirm)

 

Confirm that I am a person having blood relationship with the person named below:

- Full name:

- Date of birth:                   the               year

- Place of permanent residence:

- Temporary residence (if any):

- Current nationality:

- Passport number (if applicable):                                                Issuing authority:

- Passport valid until date month year

Relationship with applicant: (specify whether applicant is natural child, grandchild, etc.)

I hereby certify that all statements made in this application are true and correct, and I fully accept legal responsibility under Vietnamese law for the information provided.

Applicant

                                                                         (Signature and full name)

 

(name of confirming authority)

No... / ...

Enterprise (in capital letters): ...

Mr./Ms. :

Date of birth day month year; Place of birth:

Current place of permanent residence:

(Recorded according to the professional experience declaration form confirmed by the organization where the applicant has worked or is currently working):

Holding passport number: Issued on:                          Valid until:

Issuing authority: Country of issuance:

Is a person with blood relation to Vietnam.

This confirmation letter is used to complete the investment proposal dossier in Vietnam according to the Law on Encouraging Domestic Investment (amended) No. 03/1998/QH10.

                                                                                     Name of confirming authority

                                                                         Position of signatory confirming authority

                                                                                    (Signature and seal)

Front side of the Card

(People's Committee      SOCIALIST REPUBLIC OF VIETNAM

province/city)                                    Independence - Freedom - Happiness

            Number:                                                                               General Director

            card applying single price regime

Name:

                                                Date of birth day month year

                                                Place of birth:

                                                Current nationality:

                                                Current passport number (or permanent resident card number):

Applies the prices of services set by the State for Vietnamese citizens.

                                                                                     Chairman of the People's Committee of the province/city

This card is valid nationwide

                                                                                                 (signature and stamp)

 

Back side of the Card states:

This card is issued pursuant to Decree No. 51/1999/NĐ-CP dated July 8, 1999.

This card is only issued to foreign investors who are Vietnamese residing abroad or foreigners permanently residing in Vietnam investing in Vietnam under the Law on Encouraging Domestic Investment (amended) and their relatives for use in Vietnam.

The person named on this card shall be subject to the prices and fees of services for daily living: housing, hotels, electricity, water, medical services, transportation fares by sea, land, air, postal and telecommunications charges, and education and training fees as Vietnamese citizens. Relevant state agencies and production and business establishments are responsible for implementing this provision.

This card is only valid for transactions involving services provided and priced by the Socialist Republic of Vietnam.

Prohibited from lending the card or using it for unauthorized purposes.

(Card size: height 7cm x length 10.5cm; White paper background; black print.)

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10/2000/TTLT-BKHĐT-BCA-BTP-BNG
JOINT CIRCULAR No. 10/2000/TTLT-BKHĐT-BCA-BTP-BNG GUIDING THE INVESTMENT OF VIETNAMESE OVERSEAS RESIDENTS AND FOREIGN RESIDENTS IN VIETNAM ACCORDING TO DECREE No. 51/1999/NĐ-CP OF JULY 8, 1999 OF THE GOVERNMENT PROVIDING DETAILED REGULATIONS FOR THE IMPLEMENTATION OF THE LAW ON ENCOURAGING DOMESTIC INVESTMENT (AMENDED) NUMBER 03/1998/QH10
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