Decree No. 118/2015/ND-CP detailing and guiding the implementation of certain provisions of the Investment Law.

DECREE

Detailed regulations and guidance on implementation of certain provisions of the Investment Law

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Investment Law dated November 26, 2014;

Based on the Enterprise Law dated November 26, 2014;

The Prime Minister issues this Decision on principles, criteria, and allocation standards for state budget investment capital development phase 2016-2020.

The Government promulgates this Decree providing detailed regulations and guidance on implementation of certain provisions of the Investment Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree provides detailed regulations and guidance on implementation of certain provisions of the Investment Law regarding the application, supervision, and publication of investment business conditions; measures to ensure investment; investment incentives; investment procedures; implementation of investment project activities; and state management over investment activities.

2. This Decree applies to investors and competent state agencies, organizations, and individuals related to investment business activities.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. A certified copy is a copy issued from the original book or a copy certified from the original by a competent authority or organization, or a copy that has been compared with the original or printed from the national database for cases where the original information is stored in the national database on population, enterprise registration, and investment.

2. The specific schedule of commitments on trade services of Vietnam in the World Trade Organization (hereinafter referred to as "Vietnam's Schedule in the WTO") is the document number WT/ACC/48/Add.2 dated October 27, 2006 of the Working Group on Vietnam's Accession to the WTO, including the general commitments, specific commitments for service sectors and sub-sectors, and the List of Exceptions to Most-Favored-Nation Treatment.

3. The national portal for foreign direct investment is an electronic portal used to implement procedures for issuing, amending, and revoking the Certificate of Investment Registration; publishing and updating legal regulations, policies, and investment conditions for foreign investors; updating and utilizing information on investment promotion activities and the situation of foreign investment in Vietnam.

4. The national database for foreign direct investment is a collection of data on foreign investment projects nationwide stored and managed within the National Information System on Foreign Direct Investment.

5. The agency applying investment incentives is the state agency authorized to apply tax incentives, land incentives, and other incentives as prescribed by law.

6. Investment conditions for foreign investors are the conditions that foreign investors must meet when conducting investment activities in industries and occupations subject to conditional investment for foreign investors as stipulated in laws, ordinances, decrees, and international treaties on investment. Investment conditions for foreign investors shall be applied to the investment activities of foreign investors in any of the following cases:

a) Establishing an economic organization;

b) Investing through capital contribution, purchasing shares, or equity participation in an economic organization;

c) Investing through a joint venture contract;

d) Receiving transfer of an investment project or other types of investment projects;

đ) Modifying or supplementing the industry or occupation of business investment of an economic organization with foreign investment capital.

7. Business investment conditions are the conditions that individuals and organizations must meet according to the provisions of laws, ordinances, decrees, and international treaties on investment when conducting investment and business activities in industries and occupations listed in Appendix 4 of the Investment Law.

8. International treaties on investment are treaties signed or joined by the State or the Government of the Socialist Republic of Vietnam, which stipulate the rights and obligations of the State or the Government of the Socialist Republic of Vietnam concerning the investment activities of investors from countries or territories that are members of such treaties, including:

a) The Protocol of Accession to the Agreement Establishing the World Trade Organization (WTO) of the Socialist Republic of Vietnam signed on November 7, 2006;

b) Bilateral agreements on encouragement and protection of investment;

c) Free trade agreements and other regional economic integration agreements;

d) Other international treaties that stipulate the rights and obligations of the State or the Government of the Socialist Republic of Vietnam relating to investment activities.

9. The national information system on foreign direct investment is a system used to implement procedures for issuing, amending, and revoking the Certificate of Investment Registration; sending, receiving, storing, displaying, or performing other operations with data to serve state management of foreign direct investment. The national information system on foreign direct investment includes: the national portal for foreign direct investment, the national database for foreign direct investment, the national database for investment promotion, and the technical infrastructure system.

10. The investment registration dossier is a dossier prepared by the investor to implement procedures for issuing, amending, revoking the Certificate of Investment Registration, the Decision on Investment Orientation, and other procedures to conduct investment activities in accordance with the Investment Law and this Decree.

11. A valid dossier is a dossier that contains all required components and documents as stipulated in the Investment Law, this Decree, and the contents of these documents are fully declared in accordance with the law.

12. The Investment Law is Law No. 67/2014/QH13 adopted by the National Assembly of the Socialist Republic of Vietnam on November 26, 2014.

13. The 2005 Investment Law is Law No. 59/2005/QH11 adopted by the National Assembly of the Socialist Republic of Vietnam on November 29, 2005.

14. Uncommitted service sectors and sub-sectors are those defined in Vietnam's Schedule in the WTO and other international treaties on investment where the Socialist Republic of Vietnam has the right to prescribe or not prescribe investment conditions or not open these service sectors and sub-sectors to foreign investors.

15. Project investment capital is the contributed capital of the investor and the capital raised by the investor to implement the investment project recorded in the decision on investment orientation and the Certificate of Investment Registration.

16. Rural areas are administrative boundaries excluding the territory of wards under districts and urban districts of cities.

Article 3. Ensuring Investment Business in Cases of Legal Changes

1. In cases where new legal documents issued by competent state agencies contain provisions that change investment incentives currently applicable to investors before such documents take effect, investors shall be guaranteed to implement investment incentives as stipulated in Article 13 of the Investment Law.

2. The investment incentives guaranteed under the provision of Clause 1 of this Article are those that investors enjoy according to the effective legal documents prior to the new legal documents taking effect, including:

a) Investment incentives specified in the Investment License, Business License, Investment Incentive Certificate, Investment Certificate, Investment Registration Certificate, decision document on investment policy, or other documents of competent state agencies;

b) Investment incentives that investors enjoy according to legal provisions not covered by Point a of this Clause.

3. When applying measures to ensure investment as stipulated in Clause 4 of Article 13 of the Investment Law, investors submit a request letter to the Investment Registration Authority along with the Investment License, Business License, Investment Incentive Certificate, Investment Certificate, Investment Registration Certificate, decision document on investment policy, or other documents of competent state agencies containing provisions on investment incentives (if any of these documents exist). The request letter includes the following contents:

a) Name and address of the investor;

b) Investment incentives according to the legal documents prior to the new legal documents taking effect, including: Type of incentive, conditions for enjoying the incentive, level of incentive (if applicable);

c) Content of the new legal document that changes the investment incentives stipulated in Point b of this Clause;

d) Investor's proposal on applying measures to ensure investment incentives as stipulated in Clause 4 of Article 13 of the Investment Law.

4. The Investment Registration Authority decides to apply measures to ensure investment incentives based on the investor's proposal within thirty days from the date of receiving a complete application as stipulated in Clause 3 of this Article. In cases exceeding its authority, the Investment Registration Authority shall submit to the competent state agency for consideration and decision.

Article 4. Languages Used in Investment Registration Documents

1. Investment registration documents, submitted reports, and other documents sent to competent state agencies shall be in Vietnamese.

2. In cases where investment registration documents include foreign language materials, investors must attach a valid Vietnamese translation of the foreign language materials.

3. Where documents in investment registration files are in both Vietnamese and a foreign language, the Vietnamese version shall be used to carry out investment procedures.

4. Investors shall be responsible for discrepancies between the content of translations or copies and the originals, and for discrepancies between the Vietnamese version and the foreign language version.

Article 5. Project Investment Code

1. The project investment code is a series of ten digits automatically generated by the National Information System on Foreign Direct Investment and recorded in the Investment Registration Certificate.

2. Each investment project is assigned a unique code that does not change during the project's operation period and is not assigned to another project. The investment project code becomes invalid when the investment project ceases operations.

3. For investment projects implemented under the Investment Certificate, Investment License, or equivalent documents, the investment project code is the number of the Investment Certificate, Investment License, or equivalent document issued to the investment project. If the Investment License, Investment Certificate, or equivalent document is amended, the investment project will be assigned a new code in accordance with Clause 1 of this Article.

4. Competent state agencies shall uniformly use the investment project code for managing and exchanging information about investment projects.

Article 6. Principles for Implementing Investment Procedures

1. When receiving investment registration files and handling procedures related to investment activities, the Investment Registration Authority shall be responsible for checking the validity of the investment registration files. The investor shall bear legal responsibility for the legality, accuracy, and truthfulness of the investment registration files and other documents submitted to competent state agencies.

2. The Investment Registration Authority shall not require investors to submit additional documents beyond those specified in the investment registration file as provided for in the Investment Law and this Decree.

3. When requesting modifications or supplements to the investment registration file, the Investment Registration Authority shall notify the investor once in writing about all contents that need to be modified or supplemented for each set of files. The notification must clearly specify the requirements for modification or supplementation and the reasons for such requests.

4. During the implementation of administrative procedures related to investment, the agency solicited for opinions shall be responsible for responding to the solicited content within the time limit stipulated in the Investment Law and this Decree; failure to provide an opinion within the prescribed time limit shall be deemed as agreement with the project investment content under its management scope.

5. Competent state agencies shall be responsible for notifying investors in writing and specifying the reasons in cases where they refuse to issue, adjust the investment policy decision, Investment Registration Certificate, and other administrative procedures related to investment as stipulated in the Investment Law and this Decree.

6. The Investment Registration Authority and state management agencies shall not resolve disputes between investors and disputes between investors and relevant organizations or individuals during the investment operation process.

Article 7. Handling Inaccurate and Fraudulent Files

1. Upon discovering inaccurate information declared in the investment registration file, the Investment Registration Authority shall request the investor to resubmit the file to reissue or adjust the Investment Registration Certificate within five working days from the date of receipt of the valid investor's file.

2. If there is evidence that the investor has engaged in fraudulent behavior regarding the content of the file or documents for issuing or adjusting the Investment Registration Certificate, the Investment Registration Authority shall report on the investor's violation and revoke the Investment Registration Certificate if it was issued for the first time or revoke the changes recorded in the Investment Registration Certificate based on false information and restore the Investment Registration Certificate issued based on the most recent valid file, while also reporting to the competent state agency for legal processing.

3. Investors shall be responsible for any damages arising from declaring inaccurate information or engaging in fraudulent behavior regarding the content of the file or documents.

Chapter II

INDUSTRIES AND TRADES FOR INVESTMENT

Section 1

IMPLEMENTATION OF PROVISIONS ON RESTRICTED AND CONDITIONAL INDUSTRIES AND TRADES FOR INVESTMENT

Article 8. Implementation of Provisions on Prohibited Industries and Trades for Investment

1. Organizations and individuals shall not engage in investment and business activities in industries and trades specified in Article 6 and Appendices 1, 2, and 3 of the Investment Law.

2. The production and use of products specified in Appendices 1, 2, and 3 of the Investment Law in analysis, testing, scientific research, healthcare, pharmaceutical production, criminal investigation, national defense, and security shall be carried out as follows:

a) Narcotics listed in Appendix 1 of the Investment Law shall be permitted for production and use by competent state agencies according to the Government’s regulations on the list of narcotics, precursor chemicals, and the 1961 Single Convention on Narcotic Drugs, and the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

b) Chemicals and minerals listed in Appendix 2 of the Investment Law shall be permitted for production and use by competent state agencies according to the Government’s regulations on the management of chemicals subject to control under the Chemical Weapons Convention prohibiting the development, production, stockpiling, use, and destruction of chemical weapons, and the Rotterdam Convention on Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.

c) Samples of wild plant and animal species listed in Appendix 3 of the Investment Law shall be permitted for exploitation by competent state agencies according to the Government’s regulations on the management of endangered forest plants and animals, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Article 9. Implementation of regulations on industries and business sectors subject to conditional investment and business conditions

1. Individuals and economic organizations have the right to engage in business within industries and business sectors subject to conditional investment as specified in Appendix 4 of the Investment Law from the moment they meet all conditions and must ensure compliance with such conditions during their investment and business activities.

2. Business conditions shall be applied in one or more of the following forms:

a) License;

b) Certificate of meeting conditions;

c) Professional certificate;

d) Professional liability insurance certification;

đ) Confirmation document;

e) Other forms of documents as prescribed by law that are not specified in Points a, b, c, d, and đ of this Clause;

g) Conditions that individuals and economic organizations must meet to carry out investment and business activities without the need for confirmation or approval in the form of documents specified in Points a, b, c, d, đ, and e of this Clause.

3. Any individual or organization that meets the business conditions shall have the right to be issued the documents specified in Points a, b, c, d, đ, and e of Clause 2 of this Article (hereinafter referred to collectively as a license) or the right to conduct investment and business activities when meeting the conditions specified in Point g of Clause 2 of this Article. In case of refusal to issue, extend, amend, or supplement the license, the competent state agency must notify the individual or organization in writing and specify the reasons for refusal.

4. During the process of implementing administrative procedures to obtain a license or to fulfill the conditions specified in Point g of Clause 2 of this Article, enterprises are not required to record industries and business sectors subject to conditions in the Enterprise Registration Certificate.

Article 10. Implementation of regulations on investment conditions for foreign investors

1. Investment conditions for foreign investors as stipulated in Clause 6, Article 2 of this Decree include:

a) Conditions regarding the proportion of charter capital owned by foreign investors in economic organizations;

b) Conditions regarding the form of investment;

c) Conditions regarding the scope of investment activities;

d) Conditions regarding Vietnamese partners participating in investment activities;

đ) Other conditions as prescribed in laws, ordinances, decrees, and international treaties on investment;

2. Principles for applying investment conditions for foreign investors:

a) Foreign investors engaging in different industries and business sectors must comply with all investment conditions for those respective industries and business sectors;

b) Foreign investors falling under the application scope of international treaties on investment with differing investment conditions may choose to apply the investment conditions prescribed in one of those treaties; if a treaty has been chosen, the foreign investor shall exercise rights and obligations according to the provisions of that treaty;

c) For service sub-sectors not committed to or not specified in Vietnam's Commitment Schedule in the World Trade Organization (WTO) and other international investment treaties, where Vietnamese law prescribes investment conditions for foreign investors, such provisions shall be applied;

d) Foreign investors from territories that are not members of the WTO conducting investment activities in Vietnam shall be subject to investment conditions as prescribed for investors from member countries or territories of the WTO, except where Vietnamese law and international treaties between Vietnam and those countries or territories provide otherwise;

đ) For service sub-sectors not committed to or not specified in Vietnam's Commitment Schedule in the WTO and other international investment treaties, where Vietnamese law does not prescribe investment conditions for foreign investors, the Investment Registration Agency shall seek opinions from the Ministry of Planning and Investment and the relevant sectoral management ministry before deciding;

e) Where a foreign investor has already been permitted to carry out investment activities in service sub-sectors specified in Point đ of Clause 2 of this Article and these sub-sectors have been published on the National Portal on Foreign Investment in accordance with Article 13 of this Decree, the Investment Registration Agency may decide on the investment activities of the foreign investor in the same industry or business sector without seeking the opinion of the relevant sectoral management ministry.

Article 11. Application of investment conditions and procedures for investors who are Vietnamese citizens concurrently holding foreign nationality

1. For investment activities carried out in Vietnam, investors who are Vietnamese citizens concurrently holding foreign nationality have the right to choose to apply investment conditions and procedures as prescribed for domestic investors or foreign investors.

2. In the case of choosing to apply investment conditions and procedures as prescribed for domestic investors, the investor specified in Clause 1 of this Article shall not exercise rights and obligations prescribed for foreign investors.

Section 2

INSPECTION AND ANNOUNCEMENT OF BUSINESS INVESTMENT CONDITIONS AND FOREIGN INVESTOR INVESTMENT CONDITIONS

Article 12. Announcement of business investment conditions

1. The Ministry of Planning and Investment shall take the lead and coordinate with ministries and ministerial-level agencies to review and compile business investment conditions for publication on the National Enterprise Registration Portal.

2. Business investment conditions published in accordance with Clause 1 of this Article include the following contents:

a) Industries and trades subject to business investment conditions as stipulated in Appendix 4 of the Investment Law;

b) Basis for applying business investment conditions to industries and trades specified in Point a of this Clause;

c) Conditions that individuals and economic organizations must meet to carry out business investment activities as prescribed in Clause 2, Article 9 of this Decree.

3. In cases where business investment conditions change according to laws, ordinances, decrees, the contents prescribed in Clause 2 of this Article shall be updated through the following procedures:

a) Within five working days from the date of issuance of laws, ordinances, and decrees, ministries and ministerial-level agencies shall send written requests to the Ministry of Planning and Investment to update business investment conditions on the National Enterprise Registration Portal;

b) Within three working days from the date of receipt of the request from ministries and ministerial-level agencies, the Ministry of Planning and Investment shall update business investment conditions or update changes in business investment conditions on the National Enterprise Registration Portal.

Article 13. Announcement of investment conditions for foreign investors

1. The Ministry of Planning and Investment shall take the lead and coordinate with ministries and ministerial-level agencies to review and compile industries, trades, and investment conditions for foreign investors as prescribed in laws, ordinances, decrees, international investment treaties, and service sectors specified in Point e, Clause 2, Article 10 of this Decree for publication on the National Foreign Investment Portal.

2. Investment conditions for foreign investors published in accordance with Clause 1 of this Article include the following contents:

a) Industries and trades subject to investment conditions for foreign investors;

b) Basis for applying investment conditions for foreign investors;

c) Contents of investment conditions applicable to foreign investors as prescribed in Clause 1, Article 10 of this Decree;

d) Service sectors specified in Point e, Clause 2, Article 10 of this Decree.

3. The contents prescribed in Clause 2 of this Article shall be updated in the following cases:

a) Investment conditions for foreign investors change according to laws, ordinances, decrees, and international investment treaties;

b) Service sectors specified in Point e, Clause 2, Article 10 of this Decree are adjusted based on the results of the review specified in Clause 1 of this Article.

4. The contents updated in the cases prescribed in Clause 3 of this Article shall be published on the National Foreign Investment Portal according to the procedures prescribed in Clause 3 of Article 12 of this Decree.

Article 14. Proposals for amending and supplementing business sectors and occupations subject to conditions and investment business conditions

1. Based on economic and social development conditions, management requirements during each period, and international investment agreements, Ministries and ministerial-level agencies shall propose to the Government amendments and supplements to business sectors and occupations subject to conditions or investment business conditions.

2. In addition to the provisions stipulated by laws on promulgating regulatory legal documents, proposals for amending and supplementing business sectors and occupations subject to conditions or investment business conditions shall include the following contents:

a) Business sectors and occupations subject to conditions or investment business conditions proposed for amendment and supplementation;

b) Analysis of the necessity and purpose of amending and supplementing business sectors and occupations subject to conditions or investment business conditions in accordance with Articles 1, 3, and 4 of Article 7 of the Investment Law;

c) Basis for amending and supplementing business sectors and occupations subject to conditions or investment business conditions and the entities that must comply;

d) Evaluation of the rationality and feasibility of amending and supplementing business sectors and occupations subject to conditions or investment business conditions and their consistency with international investment agreements;

đ) Assessment of the impact of amending and supplementing business sectors and occupations subject to conditions or investment business conditions on state management work and investment business activities of entities that must comply.

3. Ministries and ministerial-level agencies shall seek opinions from the Ministry of Planning and Investment on the provisions stipulated in Clause 2 of this Article during the process of reviewing and approving draft laws, ordinances, decrees according to the laws on promulgating regulatory legal documents.

Article 15. Review and assessment of the implementation of regulations on business sectors and occupations subject to conditions

1. Annually and based on their management requirements, Ministries and ministerial-level agencies shall be responsible for reviewing and assessing the implementation of regulations on business sectors and occupations subject to conditions and investment business conditions within their functional management scope.

2. Contents of review and assessment:

a) Assessment of the implementation of legal regulations on business sectors and occupations subject to conditions and investment business conditions within the functional management scope of Ministries and ministerial-level agencies up to the time of review and assessment;

b) Assessment of the effectiveness of implementing regulations on business sectors and occupations subject to conditions and investment business conditions; difficulties arising during implementation;

c) Assessment of changes in economic and social conditions, technology, industry requirements, and other conditions affecting the implementation of regulations on business sectors and occupations subject to conditions and investment business conditions (if applicable);

d) Recommendations for amending and supplementing regulations on business sectors and occupations subject to conditions and investment business conditions (if applicable).

3. Ministries and ministerial-level agencies shall submit proposals in accordance with the provisions stipulated in Clause 2 of this Article to the Ministry of Planning and Investment for consolidation and reporting.

Chapter III

INVESTMENT INCENTIVES AND SUPPORT

Section 1

INVESTMENT INCENTIVES

Article 16. Subjects and Principles of Application of Investment Incentives

1. The subjects entitled to investment incentives as provided for in Clause 2, Article 15 and Article 16 of the Investment Law include:

a) Investment projects in priority investment sectors or particularly prioritized investment sectors as specified in Appendix I of this Decree;

b) Investment projects in areas with difficult economic and social conditions or particularly difficult economic and social conditions as specified in Appendix II of this Decree;

c) Investment projects with a capital scale of VND 6,000 billion or more, with a minimum disbursement of VND 6,000 billion within three years from the date of issuance of the Investment Registration Certificate or from the date of decision on investment orientation for projects not required to obtain an Investment Registration Certificate;

d) Investment projects in rural areas employing 500 workers or more (excluding part-time workers and those with contracts under 12 months);

đ) High-tech enterprises, science and technology enterprises, and scientific and technological organizations as prescribed by laws on high technology and science and technology.

2. Principles of application of investment incentives:

a) Investment projects as stipulated in Point c, Clause 1 of this Article shall enjoy investment incentives equivalent to those for investment projects in areas with particularly difficult economic and social conditions;

b) Investment projects as stipulated in Point d, Clause 1 of this Article shall enjoy investment incentives equivalent to those for investment projects in areas with difficult economic and social conditions;

c) Investment projects in priority investment sectors implemented in areas with difficult economic and social conditions shall enjoy investment incentives equivalent to those for investment projects in areas with particularly difficult economic and social conditions;

d) Investment projects meeting the conditions for enjoying different levels of investment incentives shall be granted the highest level of incentives;

đ) Corporate income tax incentives for investment projects in industrial zones and export processing zones as specified in Section 55 of Appendix II of this Decree shall be implemented in accordance with the laws on corporate income tax;

e) Land rental fee incentives for industrial zones and export processing zones as specified in Section 55 of Appendix II of this Decree shall not apply to investment projects in industrial zones and export processing zones located in central urban districts of special-class cities, directly governed Class I cities, and Class I cities directly governed by provinces.

Article 17. Investment Incentive Application Procedures

1. The investment incentives recorded on the Investment Registration Certificate or the investment orientation decision document shall include the following contents:

a) The subjects and conditions for enjoying investment incentives as stipulated in Article 16 of this Decree;

b) The basis for applying investment incentives according to the laws on tax and land.

2. For investment projects that require issuance of an Investment Registration Certificate or an investment orientation decision, investors shall enjoy investment incentives based on the investment incentive contents specified in the Investment Registration Certificate or the investment orientation decision document. The basis for applying investment incentives for science and technology enterprises is the Science and Technology Enterprise Certification.

3. For investment projects not covered by the provisions of Clause 2 of this Article, investors shall base themselves on the investment incentive subjects as stipulated in Clause 1 of Article 16 of this Decree and relevant legal regulations to self-determine investment incentives and complete the procedures for enjoying investment incentives at the investment incentive application agency.

4. Investment incentives shall be adjusted in the following cases:

a) If an investment project meets the conditions to receive additional investment incentives, the investor shall enjoy those incentives for the remaining incentive period;

b) Investors shall not enjoy investment incentives as prescribed in the Investment Registration Certificate or the investment orientation decision document if the investment project does not meet the investment incentive conditions stipulated in the Investment Registration Certificate or the investment orientation decision document. If the investment project meets other investment incentive conditions, the investor shall enjoy incentives according to those conditions;

c) If an investment project fails to meet the conditions for enjoying investment incentives during a certain period, the investor shall not enjoy investment incentives during that period.

New economic organizations established or implementing investment projects through the transformation of business forms, ownership transfer, division, merger, consolidation, or investment project transfer shall inherit the investment incentives of the investment projects before such transformations, divisions, mergers, consolidations, or transfers.

Section 2

INVESTMENT SUPPORT FOR INDUSTRIAL ZONES, EXPORT PROCESSING ZONES, HIGH-TECH ZONES, AND ECONOMIC ZONES

Article 18. Investment Support for Infrastructure Construction in Industrial Zones and Export Processing Zones

1. The scope, subjects, principles, criteria, and budget allocation for central government investment support for infrastructure construction in industrial zones and export processing zones located in areas with difficult socio-economic conditions or extremely difficult socio-economic conditions shall be implemented according to the approved Target Program for Industrial Zone Infrastructure Investment in each phase.

2. Provincial People's Committees shall balance local government budgets to support investors in developing technical infrastructure systems within and outside industrial zones and export processing zones.

Article 19. Investment Support for Development of Technical Infrastructure Systems and Social Infrastructure in Economic Zones and High-Tech Zones

1. State budget funds shall be allocated to support the following activities:

a) Developing technical infrastructure systems and social infrastructure in high-tech zones; developing technical infrastructure systems, social infrastructure, and important public service facilities in economic zones;

b) Compensation, land clearance, mine clearance, and explosive material clearance in high-tech zones and functional areas in economic zones;

c) Compensation, land clearance, construction of technical infrastructure, and social infrastructure for workers' housing and resettlement areas for people whose land has been reclaimed in economic zones and high-tech zones;

d) Construction of centralized solid waste treatment areas and centralized wastewater treatment systems meeting environmental standards in high-tech zones and functional areas in economic zones.

2. In addition to the support forms prescribed in Clause 1 of this Article, high-tech zones shall enjoy other supportive policies regarding the development of technical infrastructure systems according to the laws on high-tech zones.

3. The Prime Minister shall decide on housing development policies in high-tech zones.

Article 20. Investment in industrial zone and export processing zone technical infrastructure systems

Clause 1. Business investment activities in industrial zone and export processing zone technical infrastructure systems must be consistent with detailed construction planning for industrial zones and export processing zones that have been approved by competent authorities.

Clause 2. For areas with difficult socio-economic conditions, based on specific local conditions, the provincial People's Committee shall submit proposals.

Chapter IV

IMPLEMENTATION OF INVESTMENT ACTIVITIES

Section 1

GENERAL PROVISIONS ON IMPLEMENTATION OF INVESTMENT PROJECTS

Article 21. Responsibilities for announcing and providing information about investment projects

Clause 1. The investment registration agency, state management agencies responsible for planning, natural resources, and environment, and other relevant state management agencies shall fully and publicly announce plans and lists of investment projects according to the provisions of the law.

Clause 2. In cases where investors request information on plans, lists of investment projects, and other related information, the agencies mentioned in Clause 1 of this Article shall provide such information to investors within five working days from the date of receipt of the investor’s written request.

Clause 3. Investors have the right to use the information provided under Clauses 1 and 2 of this Article to prepare investment registration files.

Article 22. Procedures for implementing investment projects

Clause 1. Depending on the nature, scale, and conditions of each project, investment projects shall be implemented through one or more of the following procedures:

a) Decision on investment orientation and issuance of Investment Registration Certificate in accordance with the Law on Investment and this Decree;

b) Establishment of economic organizations in accordance with Article 44 of this Decree for foreign investors investing through the establishment of economic organizations;

c) Implementation of land allocation, land transfer, land lease, sublease, and permission to change land use purposes in accordance with laws on land (if applicable);

d) Implementation of construction procedures in accordance with laws on construction (if applicable).

Clause 2. Investors who win land use rights auctions or investment project bidding involving land use shall implement investment projects in accordance with the corresponding decision approving auction results, investor selection approval documents, and relevant laws on investment, construction, and other related laws without having to go through the investment orientation decision procedure.

Article 23. Implementation of investment procedures on the National Information System for Foreign Investment

Clause 1. Prior to the implementation of procedures for issuing and amending Investment Registration Certificates, investors shall declare online information about their investment projects on the National Information System for Foreign Investment. Within fifteen days from the date of submitting the online application, investors shall submit the application for issuing and amending Investment Registration Certificates to the Investment Registration Agency.

Clause 2. After receiving the application, investors will be granted access to the National Information System for Foreign Investment to monitor the progress of their applications.

Clause 3. The Investment Registration Agency shall use the National Information System for Foreign Investment to receive, process, and issue results of investment registration applications, update the status of application processing, and assign project codes.

Clause 4. In case of system failure preventing access to the National Information System for Foreign Investment, the Investment Registration Agency shall issue Investment Registration Certificates through the backup procedure as follows:

a) The Investment Registration Agency shall receive paper applications for Investment Registration Certificates and request the Ministry of Planning and Investment to assign project codes. Within two working days from the date of receipt of the request, the Ministry of Planning and Investment shall assign project codes and notify the Investment Registration Agency;

b) Within five working days from the date of issuance of the Investment Registration Certificate through the backup procedure, the Investment Registration Agency shall update information about the investment project on the National Information System for Foreign Investment.

Article 24. Mechanism for Coordinating the Processing of Investment Procedures and Business Registration Procedures for Foreign Investors

1. In addition to the procedures for issuing the Certificate of Investment Registration and business registration procedures prescribed by the Investment Law, this Decree, and laws on businesses, foreign investors have the right to implement these procedures at a single point of contact in the following sequence:

a) The investor submits the investment registration application dossier and the establishment registration dossier for the enterprise to the Investment Registration Authority;

b) Within 01 working day from the date of receiving the dossier, the Investment Registration Authority forwards the establishment registration dossier to the Business Registration Authority;

c) Within 02 working days from the date of receiving the establishment registration dossier, the Business Registration Authority examines the validity of the dossier and informs its opinion to the Investment Registration Authority;

d) In case there is a need to adjust or supplement the investment registration dossier or the establishment registration dossier, the Investment Registration Authority shall notify the investor once about all invalid contents within 05 working days from the date of receiving the dossier;

đ) Based on the received investment registration dossier and establishment registration dossier, the Investment Registration Authority and the Business Registration Authority are responsible for coordinating the processing of the dossier and delivering the result to the investor at the Investment Registration Authority.

2. The Ministry of Planning and Investment shall guide the implementation of the procedures stipulated in Clause 1 of this Article and other procedures requiring coordination between the Investment Registration Authority and the Business Registration Authority.

Article 25. Procedure for Soliciting Opinions on Investment Project Appraisal

1. During the appraisal process of an investment project to decide on the investment policy, the Ministry of Planning and Investment and the Investment Registration Authority shall solicit opinions from competent state agencies regarding the content of the investment project within their management scope. The solicitation document must specify the content requested for opinion in accordance with Clause 3 of Article 30 of this Decree and the time limit for response as prescribed by the Investment Law and this Decree.

2. Competent state agencies shall not re-examine contents that have been previously appraised and approved by other competent state agencies.

3. For an investment project planned to be implemented at a location without a plan or not included in a plan already approved by a competent state agency, the Investment Registration Authority shall solicit opinions from the state management agency on planning to submit to the competent state agency for deciding on the investment policy.

4. For an investment project of a foreign investor using land in islands, border communes, wards, towns under the authority of provincial People's Committees to decide on the investment policy, the Investment Registration Authority shall solicit opinions from relevant agencies in accordance with the Land Law during the implementation of the procedure to decide on the investment policy, except for projects implemented in industrial zones, export processing zones, high-tech parks, and economic zones consistent with plans already approved by competent authorities.

Article 26. Responsibility for Implementing Investment Projects

1. During the implementation of an investment project, the investor is responsible for complying with the provisions of laws on investment, construction, land, environmental protection, labor, and related laws.

2. For an investment project carried out based on the Certificate of Investment Registration and the decision on the investment policy, the investor is responsible for implementing the investment project in accordance with the contents specified in the Certificate of Investment Registration, the decision on the investment policy, and related laws.

3. The investor is responsible for implementing the reporting system on investment activities in accordance with the Investment Law, this Decree, and related laws; providing documents, materials, and information related to the inspection, audit, and supervision of investment activities to competent state agencies as prescribed by law.

Article 27. Guarantee for Implementation of Investment Projects

1. Investors must deposit a guarantee in cases where the State allocates land, leases land, or permits changes in land use purposes to implement investment projects, except for the following cases:

a) Investors who win the auction for land use rights to implement investment projects that the State allocates land with payment for land use rights or leases land with one-time payment for lease rights over the entire lease period;

b) Investors who win the bidding to implement investment projects using land in accordance with laws on bidding;

c) Investors who are allocated land or leased land based on taking over investment projects that have already deposited guarantees or completed capital contributions and fundraising according to the schedule specified in the Investment Registration Certificate or the decision on investment policy orientation;

d) Investors who are allocated land or leased land to implement investment projects based on taking over land use rights and assets attached to land from other land users;

đ) Investors who are public service units with income or high-tech zone development companies established by competent state agencies' decisions to implement investment projects that the State allocates land or leases land to develop industrial zones, export processing zones, high-tech zones, and functional areas within economic zones;

2. The guarantee deposit under Clause 1 of this Article shall be implemented through a written agreement between the Investment Registration Authority and the investor after the investment project has been decided on the policy orientation but before the allocation of land, leasing of land, or permission to change land use purposes; for investment projects not subject to policy orientation decisions, the time for depositing the guarantee is the time of land allocation, leasing, or permission to change land use purposes.

3. The amount of the guarantee deposit is calculated as a percentage of the investment capital of the investment project specified in the decision on policy orientation or the Investment Registration Certificate, according to the principle of progressive increments as follows:

a) For the portion of capital up to 300 billion VND, the guarantee deposit rate is 3%;

b) For the portion of capital above 300 billion VND to 1,000 billion VND, the guarantee deposit rate is 2%;

c) For the portion of capital above 1,000 billion VND, the guarantee deposit rate is 1%.

4. The investment capital of the project as stipulated in Clause 3 of this Article does not include land use fees, land lease fees paid to the State, and construction costs for public works included in the investment project. For investment projects where the State allocates land or leases land in phases, the guarantee deposit amount is calculated based on the investment capital corresponding to each phase of land allocation or leasing.

5. The guarantee deposit money shall be deposited into the account of the Investment Registration Authority opened at a commercial bank in Vietnam according to the investor's choice. The investor bears the costs related to opening, maintaining the guarantee deposit account, and conducting transactions related to the guarantee deposit account.

6. Investors may reduce the guarantee deposit amount in the following cases:

a) A reduction of 25% of the guarantee deposit amount for investment projects in preferential industries; investment projects in economically disadvantaged areas; investment projects carried out in industrial zones, export processing zones, including projects constructing and operating infrastructure in industrial zones and export processing zones;

b) A reduction of 50% of the guarantee deposit amount for investment projects in highly preferential industries; investment projects in extremely economically disadvantaged areas; investment projects in preferential industries carried out in economically disadvantaged areas; investment projects carried out in high-tech zones, economic zones, including projects constructing and operating infrastructure in high-tech zones and economic zones.

7. Investors who have temporarily prepaid land clearance and resettlement compensation can postpone their obligation to deposit the guarantee equivalent to the amount of pre-paid land clearance and resettlement compensation.

8. Investors will be refunded the guarantee deposit according to the following principles:

a) Refund 50% of the guarantee deposit amount when the investor completes the procedures for land allocation, leasing, or permission to change land use purposes and obtains necessary permits and approvals according to the law to carry out construction activities (if applicable), not later than the schedule specified in the Investment Registration Certificate or the decision on policy orientation;

b) Refund the remaining guarantee deposit amount and accrued interest (if any) when the investor completes the acceptance inspection of construction works and installation of machinery and equipment for the investment project to operate, not later than the schedule specified in the Investment Registration Certificate or the decision on policy orientation;

c) In case of a reduction in the project's investment capital, the investor will be refunded the guarantee deposit amount corresponding to the reduced investment capital according to the adjusted Investment Registration Certificate or the decision on adjusted policy orientation;

d) In case the investment project cannot continue due to force majeure or errors by competent state agencies during administrative procedures, the investor will be considered for refund of the guarantee deposit amount according to the agreement with the Investment Registration Authority.

9. The guarantee deposit money deposited into the State budget, except for the cases stipulated in Clause 8 of this Article.

10. In case of adjustment of the investment project leading to changes in the guarantee conditions, the Investment Registration Authority and the investor shall agree to adjust the guarantee deposit according to the provisions of this Article.

Section 2

PROCEDURES FOR DECISION ON INVESTMENT POLICY ORIENTATION AND ISSUANCE OF INVESTMENT REGISTRATION CERTIFICATE

Article 28. Competence to Accept, Issue, Adjust and Revoke Investment Registration Certificates

1. The Department of Planning and Investment shall accept, issue, adjust and revoke Investment Registration Certificates for the following investment projects:

a) Investment projects outside industrial parks, export processing zones, high-tech parks, and economic zones;

b) Investment projects to develop infrastructure in industrial parks, export processing zones, high-tech parks, and investment projects within such areas in localities where Industrial Park Management Boards have not been established.

2. Management boards of industrial parks, export processing zones, high-tech parks, and economic zones shall accept, issue, adjust and revoke Investment Registration Certificates for investment projects within industrial parks, export processing zones, high-tech parks, and economic zones, including:

a) Investment projects to develop infrastructure in industrial parks, export processing zones, and high-tech parks;

b) Investment projects implemented within industrial parks, export processing zones, high-tech parks, and economic zones.

3. The Department of Planning and Investment at the location where the investor has set up or plans to set up its main office or management office to implement the investment project shall accept, issue, adjust and revoke Investment Registration Certificates for the following investment projects:

a) Investment projects implemented across multiple provinces or centrally governed cities;

b) Investment projects simultaneously implemented inside and outside industrial parks, export processing zones, high-tech parks, and economic zones.

4. The authorities specified in Clauses 1, 2, and 3 of this Article shall be state agencies with the authority to adjust and revoke Investment Licenses, Investment Incentive Certificates, Investment Certificates, or other legal documents of equivalent value issued to investors before the effective date of the Investment Law.

Article 29. Procedures for Issuing Investment Registration Certificates for Investment Projects Not Subject to Decision on Investment Orientation

1. Investors shall submit one set of investment registration documents as prescribed in Clause 1 of Article 33 of the Investment Law to the Investment Registration Authority.

2. For ongoing investment projects, investors shall submit documents as prescribed in Clause 1 of this Article, wherein the proposed investment project shall be replaced by a report on the implementation status of the investment project from the time of commencement until the time of application for issuance of the Investment Registration Certificate.

3. The Investment Registration Authority shall issue an Investment Registration Certificate to the investor within fifteen days from the date of receipt of a valid dossier as prescribed in Clause 1 of this Article if the conditions below are met:

a) The objectives of the investment project do not fall under prohibited business sectors;

b) The investment project complies with the conditions for foreign investors as stipulated in Clause 1 of Article 10 of this Decree (if applicable).

Article 30. Procedures for Issuing Investment Registration Certificates for Investment Projects Within the Competence of Provincial People's Committees to Decide on Investment Orientation

1. Investment projects within the competence of provincial people's committees to decide on investment orientation are defined in Article 32 of the Investment Law.

2. Investors shall submit four sets of investment registration documents as prescribed in Clause 1 of Article 33 of the Investment Law to the Investment Registration Authority at the location where the project is expected to be implemented.

3. The Investment Registration Authority shall seek opinions from competent state agencies regarding the content of the investment project within their respective jurisdictions, including:

a) The conformity of the investment project with overall socio-economic development plans, industry development plans, and land use plans;

b) Land requirements, conditions for land allocation, land lease, and permission to change land use purposes (for projects allocated land, leased land, or permitted to change land use purposes);

c) Conditions for foreign investors (for projects targeting industries subject to conditions for foreign investors);

d) Investment incentives and conditions for enjoying such incentives (for projects eligible for investment incentives);

e) Technology used in the investment project (for projects using restricted technology transfer as provided in Point b, Clause 1, Article 32 of the Investment Law).

4. The procedures, formalities, and contents of the decision on investment orientation by provincial people's committees shall be carried out according to the provisions of Clauses 2, 3, 4, 5, 6, 7, and 8 of Article 33 of the Investment Law.

5. Within twenty-five days from the date of receipt of a valid dossier as prescribed in Clause 2 of this Article, the Investment Registration Authority shall prepare a review report to submit to the provincial people's committee. Within seven working days from the date of receipt of the review report, the provincial people's committee shall examine and decide on the investment orientation.

6. Within five working days from the date of receipt of the decision on investment orientation from the provincial people's committee, the Investment Registration Authority shall issue an Investment Registration Certificate to the investor.

7. For investment projects assigned land or leased land without public auction, tendering, or transfer of land use rights or attached assets, and projects requiring a change in land use purpose as stipulated in Point a, Clause 1, Article 32 of the Investment Law, implemented in industrial parks, export processing zones, high-tech parks, and economic zones in accordance with approved planning, the Investment Registration Authority shall seek opinions as prescribed in Clause 3 of this Article to issue an Investment Registration Certificate to the investor within twenty-five days from the date of receipt of a valid dossier without having to submit to the provincial people's committee for a decision on investment orientation.

Article 31. Procedures for Issuing Investment Registration Certificates for Projects within the Decision-Making Authority of the Prime Minister on Investment Proposals

1. Investment projects within the decision-making authority of the Prime Minister on investment proposals.

2. The investor shall submit eight sets of investment registration files in accordance with Clause 1, Article 34 of the Investment Law to the Investment Registration Agency at the location where the project is expected to be implemented.

3. Within three working days from the date of receiving valid files in accordance with Clause 2 of this Article, the Investment Registration Agency shall send two sets of files to the Ministry of Planning and Investment while sending the files to relevant state agencies related to the investment project to seek opinions on the contents stipulated in Clause 3, Article 30 of this Decree.

4. Within fifteen days from the date of receiving the request from the Investment Registration Agency, the agencies specified in Clause 3 of this Article shall provide their opinions on the contents within their administrative management scope to the Investment Registration Agency and the Ministry of Planning and Investment.

5. Within twenty-five days from the date of receiving valid files in accordance with Clause 2 of this Article, the Investment Registration Agency shall submit the project for examination by the People's Committee of the province and provide opinions to the Ministry of Planning and Investment on the following matters:

a) Land usage requirements, conditions for land allocation, land lease, and permission to change land use purposes in accordance with laws on land (for projects allocated land, leased land, or permitted to change land use purposes);

b) Land clearance plans, relocation, and resettlement plans (if applicable) for investment projects requesting land allocation, land lease, or permission to change land use purposes;

c) Other matters within the authority of the People's Committee of the province (if applicable).

6. Within fifteen days from the date of receiving the opinion of the People's Committee of the province, the Ministry of Planning and Investment shall prepare a review report including the contents stipulated in Clause 6, Article 33 of the Investment Law to submit for approval.

7. Within seven working days from the date of receiving the review report from the Ministry of Planning and Investment,

8. Within five working days from the date of receiving the investment proposal decision document, the Investment Registration Agency shall issue the Investment Registration Certificate to the investor.

9. For investment projects with a capital investment of VND 50,000 billion or more as stipulated in Clause 2, Article 31 of the Investment Law that comply with approved planning, the Investment Registration Agency shall seek opinions from the Ministry of Planning and Investment and relevant agencies in accordance with Clause 3, Article 30 of this Decree to implement procedures for issuing Investment Registration Certificates in accordance with the following provisions:

a) For projects stipulated in Clauses 1 and 3, Article 28 of this Decree, within five working days from the date of receiving opinions from the Ministry of Planning and Investment and relevant agencies, the Investment Registration Agency shall prepare a review report to submit to the People's Committee of the province for deciding on the investment proposal. Within five working days from the date of receiving the review report from the Investment Registration Agency, the People's Committee of the province shall decide on the investment proposal. Within five working days from the date of receiving the investment proposal decision document from the People's Committee of the province, the Investment Registration Agency shall issue the Investment Registration Certificate to the investor;

b) For projects stipulated in Clause 2, Article 28 of this Decree, within five working days from the date of receiving opinions from the Ministry of Planning and Investment and relevant agencies, the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones shall issue the Investment Registration Certificate to the investor.

Article 32. Procedures for Deciding on Investment Proposals for Projects Not Requiring Investment Registration Certificates

1. The procedures for deciding on investment proposals for projects not requiring investment registration certificates shall be carried out in accordance with the corresponding provisions of Articles 30 and 31 of this Decree.

2. For investment projects that are allocated land or leased land by the State without public auction, tendering, or transfer of land use rights or assets attached to the land, and for investment projects requiring a change in land use purposes as stipulated in Point a Clause 1 Article 32 of the Investment Law, located within industrial parks, export processing zones, high-tech zones, and economic zones in compliance with approved planning, the Management Board of such zones shall seek opinions for review in accordance with Clause 3 of Article 30 of this Decree to decide on investment proposals.

3. For investment projects with a capital investment of VND 5,000 billion or more as stipulated in Clause 2 Article 31 of the Investment Law, located in compliance with approved planning, the Investment Registration Authority shall seek opinions for review from the Ministry of Planning and Investment and relevant competent authorities in accordance with Clause 3 of Article 30 of this Decree to decide on investment proposals according to the following procedures:

a) For investment projects stipulated in Clauses 1 and 3 of Article 28 of this Decree, within five working days from the date of receipt of opinions from the Ministry of Planning and Investment and related agencies, the Investment Registration Authority shall prepare a report for review to submit to the People's Committee of the province for decision on investment proposals. The provincial People's Committee shall decide on investment proposals within five working days from the date of receipt of the review report from the Investment Registration Authority. The decision document on investment proposals shall be sent to the Ministry of Planning and Investment, the Investment Registration Authority, and the investor.

b) For investment projects stipulated in Clause 2 of Article 28 of this Decree, within five working days from the date of receipt of opinions from the Ministry of Planning and Investment and related agencies, the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones shall consider and decide on investment proposals. The decision document on investment proposals shall be sent to the Ministry of Planning and Investment and the investor.

Section 3

PROCEDURES FOR AMENDING INVESTMENT REGISTRATION CERTIFICATES AND DECISIONS ON INVESTMENT PROPOSALS

Article 33. Procedures for Amending Investment Registration Certificates for Investment Projects Not Requiring Decisions on Investment Proposals

1. In cases where there is a change in the name of the investment project, the address of the investor, or the name of the investor, the investor shall submit a document requesting amendment of the investment project to the Investment Registration Authority along with relevant documents regarding the change in the name, address of the investor, or the name of the investment project. The Investment Registration Authority shall amend the Investment Registration Certificate for the investor within three working days from the date of receipt of the request for amendment of the Investment Registration Certificate.

2. In cases where there is an adjustment in the location of implementation of the investment project, the area of land used; objectives, scale of the investment project; investment capital of the project, progress in capital contribution and mobilization of sources of capital; duration of operation of the project; progress in implementation of the investment project; investment incentives and support (if any) and conditions for investors implementing the project (if any), the investor shall submit one set of documents to the Investment Registration Authority, including:

a) A document requesting amendment of the investment project;

b) Report on the progress of implementing the investment project up to the time of adjustment;

c) Decision of the investor on the amendment of the investment project (for cases of amendments to the contents stipulated in Clauses 4, 5, 6, 7, 8, and 10 of Article 39 of the Investment Law);

d) Explanation or provision of relevant documents concerning the amendment of the contents stipulated in Points b, c, d, đ, e, g of Clause 1 of Article 33 of the Investment Law (if any).

3. Within ten working days from the date of receipt of a complete set of documents in accordance with Clause 2 of this Article, the Investment Registration Authority shall amend the Investment Registration Certificate for the investor.

4. Amendments to investors shall be carried out in accordance with the procedures stipulated in Articles 37, 38, and 39 of this Decree.

Article 34. Procedures for Amending the Investment Registration Certificate for Projects under the Investment Policy Decision Authority of the Provincial People's Committee

1. In cases where the investment objectives, location, main technology; an increase or decrease in investment capital by more than 10% of the total investment capital that changes the project's objectives, scale, and capacity; amendment of the implementation period of the investment project or change in conditions for investors (if any), the investor shall follow the procedures for amending the Investment Registration Certificate as stipulated below:

a) The investor submits four sets of application files as prescribed in Clause 2, Article 33 of this Decree to the Investment Registration Agency;

b) Within three working days from the date of receipt of valid application files, the Investment Registration Agency forwards the application files to relevant state agencies with authority to seek their opinions on the amended contents;

c) Within ten working days from the date of receipt of the request from the Investment Registration Agency, the agencies specified in Point b of this Clause provide opinions on the amended contents within their respective management scope;

d) Within five working days from the date of receipt of the opinions from the agencies specified in Point c of this Clause, the Investment Registration Agency prepares a report on the review of the amended contents of the investment project to be submitted to the Provincial People's Committee;

đ) Within five working days from the date of receipt of the review report from the Investment Registration Agency, the Provincial People's Committee decides on the amendment of the investment policy and sends it to the Investment Registration Agency;

e) Based on the decision document on the amendment of the investment policy issued by the Provincial People's Committee, the Investment Registration Agency amends the Investment Registration Certificate for the investor within three working days from the date of receipt of the decision document on the amendment of the investment policy from the Provincial People's Committee.

2. In cases where the amended contents are not specified in Clause 1 of this Article, the investor shall follow the corresponding procedures as stipulated in Article 33 of this Decree.

Article 35. Procedures for Amending the Investment Registration Certificate for Projects under the Investment Policy Decision Authority of the Prime Minister

1. In cases where the investment objectives, location, main technology; an increase or decrease in investment capital by more than 10% of the total investment capital that changes the project's objectives, scale, and capacity; amendment of the implementation period of the investment project or change in conditions for investors (if any), the investor shall follow the procedures for amending the Investment Registration Certificate as stipulated below:

a) The investor submits eight sets of application files as prescribed in Clause 2, Article 33 of this Decree to the Investment Registration Agency;

b) Within three working days from the date of receipt of valid application files as stipulated in Point a of this Clause, the Investment Registration Agency forwards two sets of application files to the Ministry of Planning and Investment, and simultaneously forwards the application files to relevant state management agencies to seek their opinions on the contents specified in Clause 3, Article 30 of this Decree related to the amended contents;

c) Within ten working days from the date of receipt of the request from the Investment Registration Agency, the agencies specified in Point b of this Clause provide opinions on the contents within their respective state management scope;

d) Within twenty days from the date of receipt of valid application files as stipulated in Point a of this Clause, the Investment Registration Agency submits for examination and opinion of the Provincial People's Committee on the contents specified in Clause 5, Article 31 of this Decree related to the amended contents, and sends these opinions to the Ministry of Planning and Investment;

đ) Within fifteen days from the date of receipt of the opinions of the Provincial People's Committee as specified in Point d of this Clause, the Ministry of Planning and Investment prepares a report on the review of the amended contents and submits it for approval;

e) Within seven working days from the date of receipt of the review report from the Ministry of Planning and Investment,

g) Within five working days from the date of receipt of the decision document on the amendment of the investment policy, the Investment Registration Agency amends the Investment Registration Certificate for the investor.

2. In cases where the amended contents are not specified in Clause 1 of this Article, the investor shall follow the corresponding procedures as stipulated in Article 33 of this Decree.

Article 36. Procedures for Amending Investment Orientation Decisions for Investment Projects Not Requiring Investment Registration Certificates

1. When amending investment projects subject to investment orientation decisions but not requiring investment registration certificates, investors shall implement procedures to amend investment orientation decisions in the following cases:

a) Adjusting the objectives, investment locations, and main technologies;

b) Increasing or decreasing the total investment capital by more than 10%, thereby changing the project's objectives, scale, and capacity;

c) Adjusting the implementation period of the investment project or changing conditions for investors (if applicable).

2. The sequence and procedures for deciding on amendments to investment orientation decisions shall be carried out according to the corresponding provisions of Articles 34 and 35 of this Decree.

3. For projects specified in Clause 2, Article 32 of this Decree, the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones shall seek opinions on the review as stipulated in Clause 3, Article 30 of this Decree related to the content of the amendment. Within five working days from the date of receipt of the review opinion, the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones shall decide on amending the investment orientation decision.

4. For projects specified in Clause 3, Article 32 of this Decree, the Investment Registration Authority shall seek the opinions of the Ministry of Planning and Investment and relevant state agencies as stipulated in Clause 3, Article 30 of this Decree related to the content of the amendment to decide on amending the investment orientation decision according to the following provisions:

a) For investment projects specified in Point a, Clause 3, Article 32 of this Decree, within five working days from the date of receipt of the opinions of the Ministry of Planning and Investment and relevant agencies, the Investment Registration Authority shall prepare a report for review to submit to the Provincial People's Committee to decide on amending the investment orientation decision. The Provincial People's Committee shall decide on amending the investment orientation decision within five working days from the date of receipt of the review report of the Investment Registration Authority. The decision document on amending the investment orientation decision shall be sent to the Ministry of Planning and Investment, the Investment Registration Authority, and the investor;

b) For investment projects specified in Point b, Clause 3, Article 32 of this Decree, within five working days from the date of receipt of the opinions of the Ministry of Planning and Investment and relevant agencies, the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones shall examine and decide on amending the investment orientation decision. The decision document on amending the investment orientation decision shall be sent to the Ministry of Planning and Investment and the investor.

Article 37. Procedures for Changing Investors in Cases of Transferring Investment Projects

1. Investors have the right to transfer part or all of their investment projects to other investors under the conditions prescribed in Clause 1, Article 45 of the Investment Law. In cases where transferring the project generates income, the transferring investor shall fulfill tax obligations according to the law.

2. Procedures for changing investors for investment projects operating under Investment Registration Certificates and not subject to investment orientation decisions:

a) The transferring investor shall submit one set of documents to the Investment Registration Authority, including: A document requesting amendment of the investment project; a report on the implementation status of the investment project up to the transfer date; the investment project transfer contract or other equivalent legal documents; copies of identity cards, citizen identification cards, or passports for individual investors, copies of business registration certificates or other equivalent legal documents for organizational investors receiving the transfer; copies of the Investment Registration Certificate or investment orientation decision document (if any); copies of the BOT Contract for investment projects under the BOT model; copies of one of the following documents of the investor receiving the transfer: financial reports of the last two years of the investor, financial support commitments from parent companies, financial support commitments from financial organizations, financial capability guarantees from the investor, documents explaining the financial capability of the investor;

b) The Investment Registration Authority shall examine the conditions for transferring the investment project as stipulated in Clause 1, Article 45 of the Investment Law to amend the Investment Registration Certificate within ten working days from the date of receipt of a complete application as stipulated in Point a of this Clause.

3. Procedures for changing investors for investment projects operating under Investment Registration Certificates and subject to investment orientation decisions of the Provincial People's Committee:

a) The transferring investor shall submit four sets of documents as prescribed in Point a, Clause 2 of this Article to the Investment Registration Authority;

b) Within three working days from the date of receipt of a complete application as stipulated in Point a of this Clause, the Investment Registration Authority shall send the documents to competent state agencies to seek opinions on reviewing the conditions for transferring the investment project as stipulated in Clause 1, Article 45 of the Investment Law;

c) Within ten working days from the date of receipt of the request from the Investment Registration Authority, the agencies specified in Point b of this Clause shall provide opinions on the conditions for transferring the project within their jurisdiction;

d) Within twenty days from the date of receipt of a complete application, the Investment Registration Authority shall prepare a report on meeting the conditions for transferring the investment project as stipulated in Clause 1, Article 45 of the Investment Law to submit to the Provincial People's Committee;

đ) Within five working days from the date of receipt of the report from the Investment Registration Authority, the Provincial People's Committee shall examine and decide on amending the investment orientation decision;

e) Within three working days from the date of receipt of the document deciding on amending the investment orientation decision, the Investment Registration Authority shall amend the Investment Registration Certificate for the investor receiving the transferred project.

4. Procedures for changing investors for investment projects operating under Investment Registration Certificates and subject to investment orientation decisions of

a) The transferring investor shall submit eight sets of documents as prescribed in Point a, Clause 2 of this Article to the Investment Registration Authority;

b) Within three working days from the date of receipt of a complete application as stipulated in Point a of this Clause, the Investment Registration Authority shall send the documents to competent state agencies to seek opinions on reviewing the conditions for transferring the investment project as stipulated in Clause 1, Article 45 of the Investment Law;

c) Within ten working days from the date of receipt of the request from the Investment Registration Authority, the agencies specified in Point b of this Clause shall provide opinions on the conditions for transferring the project within their jurisdiction;

d) Within twenty-five days from the date of receiving the complete application file as stipulated at Point a Clause of this Article, the Investment Registration Agency shall submit to the People's Committee of the province for examination and send its comments to the Ministry of Planning and Investment regarding the contents specified in Points c and d of Clause 1, Article 45 of the Investment Law (if applicable).

đ) Within ten working days from the date of receipt of the comments of the provincial People's Committee, the Ministry of Planning and Investment shall prepare a report on the assessment of conditions for transferring investment projects as prescribed in Clause 1, Article 45 of the Investment Law;

e) Within seven working days from the date of receipt of the review report from the Ministry of Planning and Investment,

g) Within five working days from the date of receipt of the decision document adjusting the investment orientation, the Investment Registration Agency shall adjust the Certificate of Investment Registration for the investor who has taken over the investment project.

5. The procedures for changing investors in projects subject to investment orientation decisions and not requiring issuance of Certificates of Investment Registration shall be implemented according to the corresponding provisions of Clauses 3 and 4 of this Article.

6. For projects implemented based on investment orientation decisions of Industrial Park Management Boards, Export Processing Zone Management Boards, High-Tech Park Management Boards, and Economic Zone Management Boards (hereinafter referred to as Management Boards), the Management Board shall decide to adjust the investment orientation when meeting the conditions prescribed in Clause 1, Article 45 of the Investment Law.

7. For investment projects that have been decided on investment orientation and where the investor has completed capital contribution, fundraising, and put the project into operation, there is no need to implement the procedures for adjusting the investment orientation decision as prescribed in Clauses 3, 4, 5, and 6 of this Article. In cases where the project is carried out under a Certificate of Investment Registration, the investor shall implement the procedures for adjusting the Certificate of Investment Registration as prescribed in Clause 2 of this Article.

8. In cases where foreign investors take over investment projects and establish economic organizations to carry out such investment projects, they shall first implement the procedures for issuing or adjusting Certificates of Investment Registration, then proceed with the procedures for establishing economic organizations in accordance with the relevant laws applicable to each type of economic organization.

Article 38. Procedures for Adjusting Investment Projects in Cases of Splitting, Dividing, Merging, Consolidation, or Conversion of Business Forms

1. Economic organizations formed on the basis of splitting, dividing, merging, consolidation, or conversion of business forms (hereinafter collectively referred to as restructuring) shall succeed and continue to perform the rights and obligations of the investor towards investment projects implemented before restructuring.

2. The investor shall decide on the restructuring and handle assets, rights, and obligations related to investment projects in accordance with the laws on enterprises and relevant laws.

3. After completing the procedures prescribed in Clause 2 of this Article, the investor shall submit one set of documents to the Investment Registration Agency where the investment project is located to adjust the investment project. The documents include:

a) A document requesting amendment of the investment project;

b) A copy of the Enterprise Registration Certificate or other legal documents of the investor taking over the investment project;

c) A copy of the resolution or decision of the investor on restructuring, including the content on handling assets, rights, and obligations related to the investment project.

4. Within fifteen days from the date of receiving the complete application file as stipulated in Clause 3 of this Article, the Investment Registration Agency shall adjust and issue Certificates of Investment Registration for the investor.

5. For investment projects not implemented under Certificates of Investment Registration, the investor does not need to implement the procedures for adjusting the investor as prescribed in Clauses 3 and 4 of this Article. The transfer of ownership of assets to the investor taking over the investment project after restructuring shall be carried out in accordance with civil law, enterprise law, and relevant laws.

Article 39. Procedures for adjusting investment projects in accordance with court judgments and arbitration decisions

1. For investment projects that must be adjusted according to effective court judgments and arbitration decisions, investors shall base on such judgments and decisions to adjust, accept, and continue implementing the investment project.

2. For investment projects implemented under the Investment Registration Certificate, investors shall submit one set of documents to the Investment Registration Authority where the investment project is carried out. The documents include:

a) A document requesting amendment of the investment project;

b) A copy of the identity card, citizen identification card, or passport for individual investors, and a copy of the Enterprise Registration Certificate or equivalent document confirming the legal status for organizational investors;

c) Effective court judgments and arbitration decisions.

3. The Investment Registration Authority shall adjust the Investment Registration Certificate within fifteen days from the date of receiving the complete application file as stipulated in Clause 2 of this Article.

Article 40. Procedures for submitting, reissuing, and correcting information on the Investment Registration Certificate

1. In case the Investment Registration Certificate is lost or damaged, the investor shall submit a request for reissuance of the Investment Registration Certificate to the Investment Registration Authority. The Investment Registration Authority shall consider reissuing the Investment Registration Certificate within five working days from the date of receipt of the request for reissuance.

2. In case the information on the Investment Registration Certificate does not match the information in the investment registration dossier, the Investment Registration Authority shall correct the information on the Investment Registration Certificate within three working days from the date of receipt of the investor's request.

3. For investment projects that have been issued an Investment Registration Certificate but do not fall under the cases requiring the issuance of an Investment Registration Certificate as prescribed in Clause 1 of Article 36 of the Investment Law, the investor may continue implementing the investment project and return the Investment Registration Certificate (if necessary).

Section 4

PROCEDURES FOR TERMINATING INVESTMENT PROJECTS

Article 41. Conditions and procedures for terminating the operation of investment projects and revoking the Investment Registration Certificate

1. An investment project terminates its operations in the cases prescribed in Clause 1 of Article 48 of the Investment Law.

2. The termination of the operation of an investment project shall be carried out according to the following procedures:

a) In case the investor decides to terminate the operation of the investment project as prescribed in Point a of Clause 1 of Article 48 of the Investment Law, the investor shall send the decision to terminate the operation of the investment project to the Investment Registration Authority within fifteen days from the date of the decision, accompanied by the Investment Registration Certificate (if applicable);

b) In case the operation of the investment project is terminated based on conditions stipulated in contracts, company charters, or the expiration of the project's operational period as prescribed in Points b and c of Clause 1 of Article 48 of the Investment Law, the investor shall notify and return the Investment Registration Certificate (if applicable) to the Investment Registration Authority within fifteen days from the date of termination of the project's operation, accompanied by a copy of the document recording the termination of the project's operation;

c) In case the operation of the investment project is terminated as prescribed in Points d, đ, e, g, and h of Clause 1 of Article 48 of the Investment Law, the Investment Registration Authority shall decide to terminate the operation of the investment project and simultaneously revoke the Investment Registration Certificate for projects that have been issued an Investment Registration Certificate. The Investment Registration Certificate ceases to be effective from the date the decision to terminate the project's operation becomes effective.

3. For investment projects operating under the Investment Certificate (which is also the Business Registration Certificate) or Investment License, the Investment Registration Authority shall decide to terminate the operation of the investment project without revoking the Investment Certificate (which is also the Business Registration Certificate) or Investment License. In this case, the business registration content in the Investment Certificate (which is also the Business Registration Certificate) or Investment License continues to be effective.

4. In case the termination of the operation of the investment project coincides with the termination of the operation of the economic organization, the investment project shall terminate its operation as prescribed in this Article, and the investor shall carry out the procedures for terminating the operation of the economic organization in accordance with the relevant laws corresponding to each type of economic organization.

5. After the investment project has terminated its operations, the liquidation of the investment project shall be carried out as follows:

a) The investor shall liquidate the investment project in accordance with the laws on asset liquidation;

b) For investment projects that have been assigned land, leased land, or permitted to change land use purposes by the State, the land use rights and attached assets shall be handled in accordance with the laws on land;

c) During the liquidation of the investment project, if the investor is an economic organization that has been dissolved or is in bankruptcy, the liquidation of the investment project shall be carried out in accordance with the laws on dissolution and bankruptcy of economic organizations.

Article 42. Termination of operation of investment projects in cases where the Investment Registration Authority cannot contact the investor

1. In cases where the investment project ceases operations and the Investment Registration Authority cannot contact the investor or the legal representative of the investor, the Investment Registration Authority shall carry out the following procedures:

a) Prepare a record regarding the cessation of operations of the investment project and the inability to contact the investor;

b) Send a document requesting the investor to contact the Investment Registration Authority to resolve the termination of the investment project's operations to the address registered with the Investment Registration Authority. Within thirty days from the date of sending the document as stipulated in this Point, if the investor does not make contact, the Investment Registration Authority shall implement the procedure prescribed in Point c of this Clause;

c) Send a document requesting assistance in contacting the investor to the People's Committee of the commune where the investor resides (for domestic investors who are individuals) and the diplomatic mission of the country of which the investor holds citizenship in Vietnam (for foreign investors) while simultaneously posting a notice on the national portal for foreign investment requiring the investor to contact the Investment Registration Authority to resolve the termination of the investment project's operations within ninety days;

2. After implementing the measures prescribed in Clause 1 of this Article and upon expiration of twelve months from the date the investment project ceased operations without being able to contact the investor or the legal representative of the investor, the Investment Registration Authority shall decide to terminate the operation of the investment project;

3. The management of assets of the investment project after the Investment Registration Authority decides to terminate its operations shall be carried out in accordance with the provisions of civil law concerning the management of assets of persons absent from their place of residence;

4. Within the scope of their functions and authorities, competent state agencies shall perform the following tasks:

a) The Investment Registration Authority shall appoint a supervisor to manage the assets of the terminated investment project as provided for in this Article at the request of competent state agencies, interested parties, except where otherwise provided by law;

b) Tax and customs authorities shall be responsible for implementing measures as prescribed by laws on tax administration and related laws to recover tax debts and other financial obligations of the investor to the State (if any);

c) State management agencies on land shall reclaim land and dispose of assets attached to the land in cases where the investment project falls under the category of land reclamation according to laws on land;

d) State management agencies on labor shall propose and guide support for workers who have lost their jobs and resolve related benefits in accordance with laws on labor;

đ) Other competent state agencies shall carry out state management activities over the investment project within the scope of their functions and authorities as prescribed by law;

5. Any claims or disputes between the investor and individuals or organizations regarding rights and obligations related to the investment project as stipulated in this Article shall be resolved by the Court or Arbitration in accordance with the agreement between the parties and the provisions of law.

Article 43. Termination of Effectiveness of Decision Documents on Investment Orientation

Decision documents on investment orientation and decision documents on adjustment of investment orientation shall terminate their effectiveness according to the provisions therein or in the case where the investment project ceases operations as stipulated in Article 48 of the Investment Law.

Section 5

ESTABLISHMENT OF ECONOMIC ORGANIZATIONS, CAPITAL CONTRIBUTION, PURCHASE OF SHARES, FOREIGN INVESTOR'S CONTRIBUTED CAPITAL

Article 44. Establishment of Economic Organizations by Foreign Investors

1. Foreign investors establishing economic organizations shall follow the procedures as follows:

a) Implement the procedure for issuing the Certificate of Investment Registration as prescribed in Articles 29, 30, and 31 of this Decree;

b) After obtaining the Certificate of Investment Registration as prescribed in Point a of this Clause, the investor shall implement the procedures for establishing the economic organization to carry out the investment project and business activities.

2. The establishment dossier, procedures, and formalities of economic organizations shall be carried out in accordance with the laws on enterprises or other relevant laws corresponding to each type of economic organization. The business registration agency shall not require foreign investors to submit additional documents beyond those specified by the laws on enterprises or other relevant laws corresponding to each type of economic organization; it shall not re-examine contents already stipulated in the Certificate of Investment Registration.

3. The registered capital of the economic organization established by foreign investors to implement the investment project does not necessarily have to equal the investment capital of the investment project. The economic organization established as prescribed in Point b of Clause 1 of this Article shall contribute capital and mobilize other sources of capital to implement the investment project according to the schedule stipulated in the Certificate of Investment Registration.

Article 45. Implementation of Investment Projects and Business Activities of Economic Organizations with Foreign Investment Capital

1. From the date of issuance of the Enterprise Registration Certificate or other equivalent legal documents, the economic organization established by foreign investors becomes the investor implementing the investment project as stipulated in the Certificate of Investment Registration.

2. In cases where there is a new investment project outside the investment project already issued with the Certificate of Investment Registration, the economic organization with foreign investment capital shall follow the procedures as follows:

a) Economic organizations prescribed in Points a, b, and c of Clause 1 of Article 23 of the Investment Law shall implement the procedure for issuing the Certificate of Investment Registration as prescribed in Articles 29, 30, and 31 of this Decree;

b) Economic organizations not falling under the circumstances prescribed in Point a of this Clause shall comply with the reporting regime as prescribed in Clause 5 of Article 71 of the Investment Law. The report content includes: Name of the investment project, investment objectives, scale of investment, investment capital, location, duration, progress of investment, labor needs, investment incentives (if any).

3. Economic organizations with foreign investment capital have the right to adjust the enterprise registration content at the business registration agency without necessarily having an investment project. The addition of business sectors and industries of economic organizations with foreign investment capital must be consistent with the conditions for foreign investors (if any).

4. Economic organizations with foreign investment capital may establish branches, representative offices, and business locations outside the main office without necessarily having an investment project. The establishment dossier, procedures, and formalities of branches, representative offices, and business locations of economic organizations shall be carried out in accordance with the laws on enterprises and other relevant laws corresponding to each type of economic organization.

5. When investing and trading securities on the stock market, public companies with foreign investment capital whose shares are listed or traded on the Stock Exchange and public funds shall only follow the regulations of the Securities Law regarding investment procedures and equity ownership ratios, except where the law and international investment agreements provide otherwise regarding equity ownership ratios. The Ministry of Finance shall take the lead and coordinate with the Ministry of Planning and Investment to guide the implementation of this provision.

Article 46. Investment Procedures through Capital Contribution, Share Purchase, and Foreign Investor's Equity Participation

1. A foreign investor investing through capital contribution, share purchase, or equity participation in an economic organization does not need to go through the procedure for obtaining an Investment Registration Certificate.

2. An economic organization with a foreign investor investing through capital contribution, share purchase, or equity participation shall carry out procedures to change members or shareholders at the Business Registration Authority in accordance with the laws on enterprises and other relevant laws corresponding to each type of economic organization, except for the following cases:

a) The foreign investor contributes capital, purchases shares, or participates in equity in an economic organization operating industries or businesses subject to conditions for foreign investors.

b) The act of contributing capital, purchasing shares, or participating in equity leads to the foreign investor, or the economic organizations specified in Points a, b, and c of Clause 1, Article 23 of the Investment Law holding 51% or more of the charter capital of the economic organization in the following situations: Increasing the ownership ratio of the foreign investor's charter capital from below 51% to 51% or more, and increasing the ownership ratio of the foreign investor's charter capital when the foreign investor already owns 51% or more of the charter capital in the economic organization.

3. A foreign investor investing through capital contribution, share purchase, or equity participation in an economic organization as stipulated in Points a and b of Clause 2 of this Article shall follow the following procedures:

a) The investor submits one set of registration documents for capital contribution, share purchase, or equity participation in accordance with Clause 2, Article 26 of the Investment Law to the Department of Planning and Investment where the economic organization's main office is located.

b) Within fifteen days from the date of receiving valid documents as stipulated in Point a of this Clause, the Department of Planning and Investment examines whether the foreign investor meets investment conditions and notifies the investor.

c) After receiving the notification as stipulated in Point b of this Clause, the economic organization with a foreign investor contributing capital, purchasing shares, or participating in equity shall carry out procedures to change members or shareholders at the Business Registration Authority in accordance with the laws on enterprises and other relevant laws corresponding to each type of economic organization.

4. An economic organization with a foreign investor contributing capital, purchasing shares, or participating in equity does not need to go through the procedures for issuing, adjusting the Investment Registration Certificate or the decision on investment orientation for projects that have been implemented before the foreign investor contributes capital, purchases shares, or participates in equity.

Chapter 6

INVESTMENT ACTIVITIES IN INDUSTRIAL ZONES, EXPORT PROCESSING ZONES, HIGH-TECH ZONES, AND ECONOMIC ZONES

Article 47. Activities of Investors Implementing Investment Projects in Industrial Zones, Export Processing Zones, High-Tech Zones, and Economic Zones

1. Renting or purchasing factory buildings, offices, warehouses that have been constructed to serve production and business activities.

2. Using technical infrastructure works, service works, including transportation systems, power supply, water supply, drainage, communication, wastewater treatment, waste disposal, and other public service works (collectively referred to as infrastructure usage fees).

3. Transferring and accepting the transfer of land use rights, land lease, and sublease of land that has been developed with technical infrastructure to construct factory buildings, offices, and other works serving production and business activities in accordance with the laws on land and real estate business.

4. Being allowed to lease, sublease factory buildings, offices, warehouses, and other works that have been constructed to serve production and business activities in accordance with the laws on land and real estate business.

5. Carrying out other activities in accordance with the Investment Law, this Decree, and related laws.

Article 48. Activities of investors implementing investment projects for construction and operation of industrial zones, export processing zones, high-tech zones, and economic zones

1. Construct factories, offices, warehouses to sell or lease.

2. Set rental prices for land, prices for leasing land with built-in technical infrastructure; various fees for using infrastructure; prices for leasing and selling factories, offices, warehouses and other service fees according to the provisions of the law and register with the Management Board on price ranges and types of infrastructure usage fees. The registration of price ranges and types of infrastructure usage fees shall be conducted periodically every six months or when there are adjustments different from the registered price ranges and types of infrastructure usage fees.

3. Collect various fees for using infrastructure.

4. Transfer land use rights, lease land, and sublease land with built-in technical infrastructure in industrial zones, export processing zones, high-tech zones, and economic zones to other investors in accordance with the laws on land and laws on real estate business.

5. Carrying out other activities in accordance with the Investment Law, this Decree, and related laws.

Chapter V

STATE MANAGEMENT OF INVESTMENT

Section 1

STATE MANAGEMENT OF INVESTMENT PROMOTION ACTIVITIES

Article 49. Principles of state management over investment promotion activities

1. State management over investment promotion activities shall be carried out based on the following principles:

a) Investment promotion activities of ministries, sectors, and provincial People's Committees must be compiled into an investment promotion program after being coordinated with the Ministry of Planning and Investment.

b) Encourage investment promotion activities in key economic sectors and regions according to the investment attraction orientation at each stage; other investment promotion activities must be developed based on specific assessments of investment needs, analysis of updated data and information, and practical value.

c) Focus on investment promotion activities for implemented investment projects through support, resolution of difficulties and obstacles, and promotion of effective project implementation.

d) Encourage the combination of investment promotion activities with trade promotion, tourism activities, and foreign publicity and cultural programs.

đ) Encourage mobilization of social resources to implement investment promotion activities.

2. The Prime Minister shall provide detailed regulations on principles, contents, mechanisms for building, implementing, and coordinating among ministries, sectors, and provincial People's Committees in investment promotion activities.

Article 50. Tasks and powers of state management agencies for investment promotion

1. The Ministry of Planning and Investment assists the Government in uniformly managing investment promotion activities.

2. Tasks and powers of the Ministry of Planning and Investment:

a) Take the lead and coordinate with ministries, sectors, and provincial People's Committees to build orientations, programs, and plans for investment promotion; guide the development of annual investment promotion programs of ministries, sectors, and provincial People's Committees; compile, build, and implement the National Investment Promotion Program.

b) Guide the implementation of information and reporting systems on investment promotion activities.

c) Carry out investment promotion activities under the National Investment Promotion Program as stipulated in Point a Clause of this Article.

d) Coordinate with the Ministry of Foreign Affairs and the Ministry of Home Affairs to submit

đ) Organize training and instruction on investment promotion work.

e) Report regularly

3. Tasks and powers of the Ministry of Finance:

a) Take the lead and coordinate with the Ministry of Planning and Investment to guide the use of budget funds and financial management regulations for investment promotion activities.

b) Coordinate with the Ministry of Planning and Investment, ministries, sectors, and provincial People's Committees to develop funding plans for the National Investment Promotion Program and annual investment promotion programs of ministries, sectors, and provincial People's Committees.

c) Take the lead and coordinate with the Ministry of Foreign Affairs and the Ministry of Planning and Investment to allocate state budget funds for overseas investment promotion activities.

d) Take the lead and coordinate with the Ministry of Planning and Investment, ministries, sectors, and provincial People's Committees to resolve difficulties and issues related to the allocation and use of budget funds for investment promotion activities.

4. Tasks and powers of the Ministry of Foreign Affairs:

a) Coordinate with the Ministry of Planning and Investment, ministries, sectors, and provincial People's Committees to implement investment promotion programs and activities, combining investment promotion with diplomatic work.

b) Support and participate in overseas investment promotion activities approved by the Ministry of Planning and Investment; in case of new investment promotion activities, overseas representative offices shall inform and coordinate with the Ministry of Planning and Investment before implementation.

c) Lead and guide overseas representative offices to manage overseas investment promotion units.

d) Take the lead and coordinate with the Ministry of Planning and Investment and the Ministry of Home Affairs to submit

đ) Based on the proposal of the Ministry of Planning and Investment, decide on the appointment of diplomatic positions and dispatch personnel to work in overseas investment promotion units.

e) Provide appropriate material conditions, transportation means, working conditions, and operational funds for overseas investment promotion units.

5. Tasks and powers of ministries, sectors, and provincial People's Committees:

a) Take the lead and coordinate with the Ministry of Planning and Investment and relevant ministries and sectors to develop annual and long-term investment promotion programs and propose activities to be included in the National Investment Promotion Program.

b) Implement investment promotion activities within their authority.

c) Coordinate with ministries, sectors, and provincial People's Committees in investment promotion activities.

Article 51. Investment Promotion Activity Funding

1. The funding for implementing activities under the annual national investment promotion program shall be allocated in the annual state budget plan.

2. The funding for investment promotion of ministries, sectors, provincial People's Committees shall be allocated in the annual state budget plans of those ministries, sectors, and provincial People's Committees.

3. The funding for investment promotion from the state budget for ministries, sectors, and provincial People's Committees shall only be allocated for investment promotion activities under the approved Investment Promotion Program.

Section 2

REGIME FOR REPORTING INVESTMENT ACTIVITIES AND OPERATING THE NATIONAL FOREIGN INVESTMENT INFORMATION SYSTEM

Article 52. Content and Reporting Periods of State Management Agencies on Investment

1. The Investment Registration Agency shall report to the provincial People's Committee the following contents:

a) Quarterly reports shall be submitted before the 12th day of the first month of the quarter following the reported quarter, including the following contents: Evaluation of the situation regarding the receipt of investment registration dossier, issuance, adjustment, and recovery of Investment Registration Certificates, and the operation status of investment projects;

b) Semi-annual reports shall be submitted before July 15 each year, including the following contents: Evaluation of the investment situation in the first six months of the year and the forecasted plan for attracting and utilizing investment capital in the last six months of the year;

c) Annual reports shall be submitted before February 15 of the following year, including the following contents: Evaluation of the investment situation throughout the year, forecasted plan for attracting and disbursing investment capital in the following year, and a list of investment projects that foreign investors are interested in.

2. Every quarter, every six months, and annually, the provincial People's Committee shall compile the reports of the Investment Registration Agency within its management scope to report to the Ministry of Planning and Investment according to the reporting contents stipulated in Clause 1 of this Article within five working days after the end of the reporting period of the Investment Registration Agency.

3. State management agencies shall provide information to the Ministry of Planning and Investment as follows:

a) The Ministry of Finance: Shall periodically submit quarterly information on the issuance, adjustment, and recovery of Investment Registration Certificates or equivalent documents for insurance companies and securities companies; annually compile financial reports of economic organizations with foreign invested capital nationwide to report indicators on import-export situations, production and business operations, and tax payments to the state budget of economic organizations with foreign invested capital. Quarterly reports shall be submitted before the 12th day of the first month of the quarter following the reported quarter, annual reports before May 31 of the following year.

b) The Ministry of Industry and Trade: Shall periodically submit quarterly reports on the issuance, adjustment, termination of operations, and results of foreign investment projects in the oil exploration and exploitation sector in Vietnam. Reports shall be submitted before the 12th day of the first month of the quarter following the reported quarter.

c) The Ministry of Justice: Shall periodically submit quarterly reports on the issuance, adjustment, termination, and results of branch offices and law firms. Reports shall be submitted before the 12th day of the first month of the quarter following the reported quarter.

d) The State Bank of Vietnam: Shall periodically submit quarterly reports on the issuance, adjustment, termination of operations, and results of commercial bank and financial company representations of foreign countries in Vietnam. Reports shall be submitted before the 12th day of the first month of the quarter following the reported quarter.

đ) The Ministry of Labor, Invalids and Social Affairs: Shall periodically submit annual reports on the registration and licensing of foreign workers at economic organizations with foreign invested capital. Reports shall be submitted before March 31 of the following year.

e) The Ministry of Natural Resources and Environment: Shall periodically submit annual reports on land allocation, leasing, and usage by economic organizations with foreign invested capital. Reports shall be submitted before March 31 of the following year.

g) The Ministry of Science and Technology: Shall periodically submit annual reports on technology transfer by economic organizations with foreign invested capital. Reports shall be submitted before March 31 of the following year.

4. The Ministry of Planning and Investment shall periodically compile and report quarterly and annually.

Article 53. Content and Reporting Periods for Economic Organizations Implementing Investment Projects

Economic organizations implementing investment projects shall report to the Investment Registration Authority and the local state management agency on statistics the following indicators:

1. Monthly report on the implementation of investment capital: In cases where there is actual investment capital implemented in the month, economic organizations shall report within 12 days from the end of the reporting month.

2. Quarterly reports shall be submitted before the 12th day of the first month of the quarter following the reported quarter, including the following contents: Implemented investment capital, net revenue, exports, imports, labor, taxes and budget payments, land and water usage situation.

3. Annual reports shall be submitted before March 31 of the year following the reporting year, including quarterly report indicators and indicators on profit, income of workers, expenditures and investments in scientific research and technological development, environmental treatment and protection, origin of technology used.

Article 54. Provisions on Submitting Reports

1. Economic organizations implementing investment projects shall submit their reports online through the National Investment Information System.

2. The Investment Registration Authority shall submit reports in writing and online on the National Investment Information System.

3. The Ministry of Planning and Investment shall stipulate the system of forms and inspect, audit the implementation of the reporting regime as prescribed in this Decree.

Article 55. Tasks and Authorities of State Management Agencies in Managing and Operating the National Investment Information System

1. The Ministry of Planning and Investment shall take the lead and coordinate with relevant state management agencies to build and operate the National Investment Information System; guide the management, operation, and exploitation and use of the National Investment Information System.

2. Ministries, sectors, provincial People's Committees shall be responsible for updating and providing information on investment activities under their sectoral and local management to the National Investment Information System; organize the exploitation and use of the National Investment Information System according to the Law on Investment, this Decree, and other related regulations.

3. The Investment Registration Authority shall be responsible for using the National Investment Information System to perform tasks related to receiving, issuing, adjusting, and revoking Investment Registration Certificates; monitoring, supervising, and evaluating the implementation of investment projects; implementing the investment reporting regime and guiding economic organizations implementing investment projects to use the National Investment Information System as prescribed in this Decree.

4. The agencies managing and operating the National Investment Information System and the National Enterprise Registration Information System shall be responsible for exchanging information on the registration status of economic organizations with foreign-invested capital, the situation of capital contribution, share purchase, and equity contribution of foreign investors when performing procedures prescribed in Articles 44 and 46 of this Decree, investment conditions applicable to foreign investors, List of industries and businesses subject to conditional business operations and investment conditions according to regulations.

5. Economic organizations implementing investment projects shall be granted access accounts to the national investment information system to implement periodic reporting regimes as prescribed.

6. The Ministry of Planning and Investment shall provide detailed guidance on the management, operation, exploitation, and use of the National Investment Information System.

Section 3

TASKS AND AUTHORITIES OF MINISTRIES, AGENCIES EQUIVALENT TO MINISTRIES, AND PROVINCIAL PEOPLE'S COMMITTEES

Article 56. Tasks and Authorities of the Ministry of Planning and Investment

1. Implement the tasks and authorities prescribed in Clause 3, Article 68 of the Investment Law and other tasks and authorities assigned according to this Decree.

2. Organize supervision, inspection, and evaluation of investment activities within its jurisdiction; inspect the issuance, adjustment, and revocation of Investment Registration Certificates by the Investment Registration Authority; supervise compliance with approved master plans during the investment process.

3. Take the lead and coordinate with ministries and ministerial-level agencies to review, compile, and publish business registration conditions on the National Enterprise Registration Portal, and foreign investment conditions on the National Foreign Investment Portal.

4. Take the lead and coordinate with ministries and ministerial-level agencies to review, evaluate, and periodically report.

5. Guide and support the Investment Registration Authority and Business Registration Authority in resolving difficulties in implementing investment activities and business registration.

Article 57. Tasks and Authorities of Ministries and Ministerial-Level Agencies

1. The Ministry of Finance takes the lead and coordinates with relevant state management agencies to develop, submit to competent authorities for promulgation, guide, and monitor the implementation of preferential and support policies for investment in tax and finance areas (land use fees, land lease fees) within its jurisdiction; examine and provide opinions on issues related to finance and government guarantees for investment projects under the authority to decide on investment policies.

2. The Ministry of Natural Resources and Environment takes the lead and coordinates with relevant state management agencies to develop, submit to competent authorities for promulgation, guide, and monitor the implementation of regulations on natural resources and environmental protection related to investment activities; examine and provide opinions on issues related to land and environmental protection of investment projects under the authority to decide on investment policies.

3. The Ministry of Science and Technology takes the lead and coordinates with relevant state management agencies to develop, submit to competent authorities for promulgation, guide, and monitor the implementation of regulations on investment activities in science and technology fields; submit

4. The Ministry of Construction takes the lead and coordinates with relevant state management agencies to develop, submit to competent authorities for promulgation, guide, and monitor the implementation of regulations on construction activities of investment projects; examine and provide opinions on issues related to state management of construction of investment projects under the authority to decide on investment policies.

5. The State Bank of Vietnam takes the lead and coordinates with relevant state management agencies to develop, submit to competent authorities for promulgation, guide, and monitor the implementation of regulations on credit and foreign exchange management related to investment activities; examine and provide opinions on issues related to credit and foreign exchange management of investment projects under the authority to decide on investment policies.

6. Ministries and ministerial-level agencies specified in Clauses 1, 2, 3, 4, and 5 of this Article and sectoral management ministries shall perform tasks and authorities as prescribed in Clause 4, Article 68 of the Investment Law and other tasks and authorities as prescribed in this Decree and relevant laws.

Article 58. Tasks and Authorities of the People's Committee at the provincial level

1. Develop plans to attract investment capital sources; establish and publish the List of investment projects to be attracted locally.

2. Decide on investment policies for projects within the scope defined in Article 32 of the Investment Law.

3. Be responsible for directing, guiding, and supervising the implementation of tasks by the Investment Registration Agency in issuing Investment Registration Certificates and managing investment activities locally.

4. Direct the preparation of detailed construction planning for industrial zones, export processing zones, and approve detailed construction planning for industrial zones, export processing zones; detailed planning for functional areas within economic zones.

5. Direct the Investment Registration Agency, Business Registration Agency, and state management agencies regarding land, environment, and construction to implement interlinked procedures to facilitate investors during the investment process.

6. Perform other tasks and authorities as stipulated in this Decree and relevant laws.

Chapter VI

IMPLEMENTATION

Section 1

TRANSITIONAL PROVISIONS

Article 59. Provisions for Investment Projects Implemented Before the Effective Date of the Investment Law

1. Investors may continue implementing investment projects according to Investment Licenses, Investment Incentive Certificates, Investment Certificates, or other legal documents of equivalent value issued by competent state agencies before the effective date of the Investment Law.

2. Investment Licenses, Investment Incentive Certificates, Investment Certificates, or other legal documents of equivalent value issued by competent state agencies before the effective date of the Investment Law have the same legal effect as Investment Registration Certificates.

3. Investors are not required to complete procedures for obtaining Investment Registration Certificates or investment policy decisions as prescribed by the Investment Law for projects that have already been implemented or approved for implementation by competent state agencies before the effective date of the Investment Law.

Article 60. Provisions for Enterprises Operating Under Investment Licenses or Investment Certificates (Simultaneously Serving as Business Registration Certificates)

1. Enterprises operating under Investment Licenses may continue organizing and operating according to the provisions of the Investment License and the Enterprise Charter. For matters not specified in the Investment License and the Enterprise Charter, enterprises shall comply with the provisions of the Enterprise Law, the Investment Law, and related laws based on the following principles:

a) A wholly foreign-owned enterprise owned by a single foreign investor shall comply with the corresponding provisions for a limited liability company with one member.

b) A wholly foreign-owned enterprise owned by two or more foreign investors and joint ventures shall comply with the corresponding provisions for a limited liability company with two or more members.

c) Joint-stock companies established according to Decision No. 38/2003/NĐ-CP dated April 15, 2003, of the Government on converting certain foreign-invested enterprises to operate as joint-stock companies shall comply with the corresponding provisions for joint-stock companies.

2. Enterprises operating under Investment Certificates (simultaneously serving as Business Registration Certificates) may continue organizing and operating according to the Investment Certificate (simultaneously serving as Business Registration Certificate) and the Enterprise Charter. For matters not specified in the Investment Certificate (simultaneously serving as Business Registration Certificate) and the Enterprise Charter, enterprises shall comply with the provisions of the Enterprise Law, the Investment Law, and related laws.

Article 61. Changing Investment Registration Certificate, Business Registration Certificate

1. An investor with a project that has been granted an Investment License, Investment Incentive Certificate, Investment Certificate, or other legal document of equivalent value issued before the Law on Investment takes effect shall be converted to operate under an Investment Registration Certificate according to the following procedures:

a) The investor submits one set of documents for changing the Investment Registration Certificate to the Investment Registration Authority including a request for changing the Investment Registration Certificate, a copy of the Investment License, Investment Incentive Certificate, Investment Certificate, or other legal document of equivalent value;

b) The Investment Registration Authority shall issue a new Investment Registration Certificate to the investor within three working days from the date of receipt of the application as stipulated in Point a Clause 1 of this Article. The Investment Registration Certificate shall restate the contents of the investment project as specified in the Investment License, Investment Incentive Certificate, Investment Certificate, or other legal document of equivalent value. The business registration contents as specified in the Investment License, Investment Incentive Certificate, Investment Certificate, or other legal document of equivalent value shall continue to be valid.

2. A business operating under an Investment License, Investment Certificate (which is also a Business Registration Certificate) or other legal document of equivalent value issued before the Law on Investment takes effect shall be converted to operate under a Business Registration Certificate according to the following procedures:

a) The business submits one set of documents for changing the Business Registration Certificate to the Business Registration Authority at its main office including a request for updating and supplementing business registration information; a copy of the Investment License, Investment Certificate (which is also a Business Registration Certificate) or other legal document of equivalent value, and a copy of the Tax Registration Certificate;

b) The Business Registration Authority shall issue a new Business Registration Certificate within three working days from the date of receipt of the application as stipulated in Point a Clause 2 of this Article. The Business Registration Certificate shall restate the business registration contents as specified in the Investment License, Investment Certificate (which is also a Business Registration Certificate) or other legal document of equivalent value. The business registration contents as specified in the Investment License, Investment Certificate (which is also a Business Registration Certificate) or other legal document of equivalent value shall cease to be effective from the date the business receives the Business Registration Certificate; the investment project contents as specified in the Investment License, Investment Certificate (which is also a Business Registration Certificate) or other legal document of equivalent value shall continue to be valid.

3. In cases where there is a simultaneous requirement to change the Investment Registration Certificate and the Business Registration Certificate instead of the Investment License, Investment Certificate (which is also a Business Registration Certificate) or other legal document of equivalent value, the investor shall follow the procedures below:

a) Change the Business Registration Certificate according to the provisions of Clause 2 of this Article;

b) Change the Investment Registration Certificate according to the provisions of Clause 1 of this Article (the documents for changing the Investment Registration Certificate include a copy of the Business Registration Certificate issued according to the provisions of Clause 2 of this Article and the documents as stipulated in Point a Clause 1 of this Article).

4. A business that is granted a Business Registration Certificate according to the provisions of Clauses 2 and 3 of this Article shall inherit all rights and obligations of the business as specified in the Investment License, Investment Certificate (which is also a Business Registration Certificate) or other legal document of equivalent value from the date it receives the Business Registration Certificate, including rights and obligations related to the investment project; the investor as specified in the Investment License, Investment Certificate (which is also a Business Registration Certificate) or other legal document of equivalent value shall perform rights and obligations related to the investment project as a member or shareholder of the business.

5. Branches and representative offices of businesses operating under an Investment License, Investment Certificate (which is also a Business Registration Certificate) or other legal document of equivalent value issued before the Law on Investment takes effect shall be converted to operate under a Branch and Representative Office Operation Registration Certificate according to the provisions of the Enterprise Law. The documents and procedures for changing the Branch and Representative Office Operation Registration Certificate shall be carried out according to the corresponding provisions of Clauses 2 and 3 of this Article.

6. Businesses have the responsibility to update and supplement business registration information and are not required to complete the procedures for changing the Investment License, Investment Certificate (which is also a Business Registration Certificate) or other legal document of equivalent value to a Business Registration Certificate when carrying out dissolution procedures, temporary suspension of business operations, announcement of seals; establishment, change of content of branch and representative office activities, termination of branch and representative office operations.

Article 62. Adjustment of investment projects implemented before the Investment Law comes into effect

1. In cases where the adjustment of an investment project changes the contents of the Investment License, Investment Incentive Certificate, Investment Certificate, or other legal documents with equivalent value issued before the Investment Law comes into effect, the investor shall follow the procedures for adjusting the Investment Registration Certificate as stipulated in Article 33 of this Decree at the Investment Registration Authority to obtain the Investment Registration Certificate. The Investment Registration Certificate shall specify the adjusted investment project content and record all unadjusted investment project contents currently in force according to the Investment License, Investment Certificate, Investment Incentive Certificate, and other legal documents with equivalent value.

2. Where the Investment License, Investment Certificate, or other legal documents with equivalent value stipulated in Clause 1 of this Article simultaneously specify business registration contents, the Investment Registration Authority shall issue the Investment Registration Certificate to replace the investment project content in the Investment License, Investment Certificate (which is also the Business Registration Certificate) or other legal documents with equivalent value according to the principle stipulated in Clause 1 of this Article. The business registration contents in the Investment License, Investment Certificate (which is also the Business Registration Certificate) or other legal documents with equivalent value shall continue to be valid.

3. Investment projects that were not subject to investment policy approval or consent under the law prior to the effective date of the Investment Law but fall within the scope of investment policy approval under the Investment Law and this Decree do not need to go through the procedures for investment policy approval or adjustment of investment policy approval when adjusting the investment project, except for the following cases:

a) Expanding the scale of the investment project leading to the project falling within the scope of investment policy approval as provided for in Articles 30 and 31 of the Investment Law;

b) Adding project objectives where the added objectives fall within the scope of investment policy approval as provided for in Articles 30 and 31 of the Investment Law;

c) Adjusting the investment project which includes adding one of the following contents: requesting the State to allocate land, lease land without public auction or tender, accept transfer of land use rights or attached assets; requesting the State to change land use purposes or request the use of technology listed in the Restricted Technology Transfer Catalogue as prescribed by the law on technology transfer.

4. For cases specified in Points a, b, and c of Clause 3 of this Article, the investor shall follow the procedures for adjusting the investment policy approval as stipulated in Section 3, Chapter IV of this Decree. In such cases, the competent state authority responsible for investment policy approval shall examine the adjusted contents to make the investment policy approval decision.

5. In cases where the adjustment of an investment project that was subject to investment policy approval or consent under the law prior to the effective date of the Investment Law changes the contents of the decision or consent, the investor shall follow the procedures for adjusting the investment policy approval as stipulated in this Decree.

Article 63. Amendment of Business Registration Content in Investment Permit, Investment Certificate (which is also a Business Registration Certificate)

1. A business operating under an Investment Permit, Investment Certificate (which is also a Business Registration Certificate) or equivalent legal document shall amend the business registration content with the Business Registration Authority according to the following provisions:

a) The dossier, procedure, and process for amending business registration content shall be carried out in accordance with the laws on enterprises;

b) The Business Registration Authority shall issue a new Business Registration Certificate to replace the business registration content in the Investment Permit, Investment Certificate (which is also a Business Registration Certificate) or equivalent legal document;

c) The Business Registration Certificate shall record the amended content and retain other business registration contents that remain valid according to the Investment Permit, Investment Certificate (which is also a Business Registration Certificate) or equivalent legal document;

d) The business registration content specified in the Investment Permit, Investment Certificate (which is also a Business Registration Certificate) or equivalent legal document shall cease to be effective from the date the Business Registration Certificate is issued; the investment project content in the Investment Permit, Investment Certificate (which is also a Business Registration Certificate) shall continue to be effective;

đ) In cases where a business requests to amend business registration content due to foreign investors contributing capital, purchasing shares, or equity interests as stipulated in Points a and b Clause 2 Article 46 of this Decree, the investor shall complete the procedures for registering capital contribution, share purchase, or equity interest acquisition as stipulated in Points a and b Clause 3 Article 46 of this Decree before the business completes the procedures for issuing a Business Registration Certificate;

e) After being issued a Business Registration Certificate in accordance with this Clause, the business shall continue to perform all rights and obligations as prescribed in the Investment Permit, Investment Certificate (which is also a Business Registration Certificate) or equivalent legal document;

2. In cases where both business registration content and investment project content are adjusted simultaneously, the business shall complete the procedures for adjusting business registration content with the Business Registration Authority to obtain a Business Registration Certificate in accordance with Clause 1 of this Article. After obtaining the Business Registration Certificate, the business shall adjust the investment project content with the Investment Registration Authority to obtain an Investment Registration Certificate in accordance with the corresponding provisions of Article 62 of this Decree;

3. In cases where the content of branch or representative office operations of businesses operating under an Investment Permit, Investment Certificate (which is also a Business Registration Certificate) or equivalent legal document issued prior to the effective date of the Investment Law is adjusted, the business shall complete the procedures for adjusting the certificate of branch or representative office operations in accordance with the corresponding provisions of Clauses 1 and 2 of this Article.

Article 64. Provisions for investors committing to无偿转让资产给越南国家

1. For investment projects that commit to无偿转让属于该项目的资产给越南国家或国有企业，投资者不得调整无偿转让的内容，除非得到有权限的国家机关批准。

2. The assets specified in Clause 1 of this Article shall be transferred in their original condition under normal operating conditions when the transfer time to the Vietnamese Party or the Vietnamese State arrives.

Article 65. Termination of operations, restructuring, dissolution of enterprises operating under Investment License, Investment Certificate (which is also the Business Registration Certificate)

1. Enterprises operating under Investment License, Investment Certificate (which is also the Business Registration Certificate) shall handle procedures for temporarily suspending business, terminating operations, restructuring, or dissolution at the Business Registration Authority.

2. The files, procedures, and processes for temporarily suspending business, terminating operations, restructuring, or dissolving enterprises operating under Investment License, Investment Certificate (which is also the Business Registration Certificate) shall be carried out in accordance with the laws on enterprises.

Section 2

IMPLEMENTING PROVISIONS

Article 66. Effective Date

1. This Decree takes effect from December 27, 2015, and replaces Decree No. 108/2006/NĐ-CP dated September 22, 2006, of the Government detailing and guiding the implementation of certain provisions of the Investment Law.

2. This Decree abolishes:

a) The list of preferential tax areas for corporate income tax issued together with Decree No. 218/2013/NĐ-CP dated December 26, 2013, of the Government detailing and guiding the implementation of the Corporate Income Tax Law;

b) The list of sectors eligible for preferential import tariffs issued together with Decree No. 87/2010/NĐ-CP dated August 13, 2010, of the Government detailing and guiding the implementation of the Export Tax, Import Tax Law;

c) Clause 4 of Article 19 and the provision stating "The list of areas eligible for preferential land rental fees only applies to areas with specific administrative boundaries" in Clause 3 of Article 19 of Decree No. 46/2014/NĐ-CP dated May 15, 2014, of the Government regarding the collection of land rental fees and water surface rental fees.

3. In cases where the law stipulates that the application for administrative procedures must include the Investment Registration Certificate, but the investment project does not fall within the scope of issuing the Investment Registration Certificate as prescribed by the Investment Law, the investor is not required to submit the Investment Registration Certificate.

Article 67. Responsibilities for Implementation

1. The Ministry of Planning and Investment shall detail the establishment, management, and operation of venture capital funds in Vietnam; guide the transitional implementation for cases not covered in Section 1 of Chapter VI and other provisions assigned according to this Decree.

2. Các Bộ trưởng, Thủ trưởng cơ quan ngang Bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân cấp tỉnh trong phạm vi chức năng, nhiệm vụ của mình chịu trách nhiệm hướng dẫn và thi hành Nghị định này./.