This Law stipulates the procedures and formalities for approving investment proposals for projects with domestic or foreign investment capital. The files and contents of examination are clearly specified for each competent level such as the National Assembly and the Prime Minister. The time frame for implementing steps from receiving the file to issuing the approval decision is specifically defined.
적용 범위
Organizations and individuals participating in the investment process of domestic or foreign projects.
핵심 사항
- Files and contents of examination for each competent level
- Time frame for implementing steps from receiving the file to issuing the approval decision
- Authorities of the Government, the Ministry of Planning and Investment, and related state agencies during the examination process.
- For large-scale investment projects, a resolution of the National Assembly must be obtained.
- The Prime Minister has the authority to designate the investment registration agency to issue the Certificate of Investment Registration for the entire project.
🌐 이 문서의 사회적 영향
- Creating a clear and transparent legal environment for investment activities.
- Helping investors understand the procedures and necessary time to implement the project.
- Ensuring the economic and social efficiency of the project before implementation.
❓ 자주 묻는 질문
What is the maximum time for the Ministry of Planning and Investment to examine the file?
Within forty days from the date of receipt of the file, the Ministry of Planning and Investment must complete the examination.
Which agency is responsible for examining the proposal to approve the investment orientation of the National Assembly?
The leading agency of the National Assembly responsible for examination.
전문
LAW
INVESTMENT
On the basis of the Constitution of the Socialist Republic of Vietnam;
The National Assembly enacts the Investment Law.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Law regulates business investment activities within Vietnam and investment business activities from Vietnam to foreign countries.
Article 2. Applicability
This Law applies to investors and agencies, organizations, and individuals related to investment business activities.
Article 3. Explanation of Terms
In this Law, the following terms shall be understood as follows:
1. Approval of investment orientation is the act of the competent state agency approving the objectives, location, scale, progress, time limit for implementing the project; the investor or the method of selecting the investor and special mechanisms and policies (if any) to implement the investment project.
2. Investment registration authority is the competent state agency authorized to issue, adjust, and revoke the Investment Registration Certificate.
3. National database on investment is a collection of data on investment projects nationwide that is connected to the system of databases of relevant agencies.
4. Investment project is a set of proposals to invest medium-term or long-term funds to conduct business investment activities in a specific area within a defined period.
5. Expansion investment project is an investment project developing an ongoing investment project by expanding its scale, increasing capacity, modernizing technology, reducing pollution, or improving the environment.
6. New investment project is an investment project implemented for the first time or an independent investment project from an ongoing investment project.
7. Innovative start-up investment project is an investment project implementing ideas based on exploiting intellectual property, new technology, and business models with rapid growth potential.
8. Business investment is the act of an investor investing capital to conduct business activities.
9. Conditions for business investment are conditions that individuals and organizations must meet when conducting business investment activities in industries and trades subject to conditions.
10. Market access conditions for foreign investors are conditions that foreign investors must meet to invest in industries and trades listed in the Catalogue of Industries and Trades Restricted for Foreign Investors' Market Access as stipulated in Clause 2, Article 9 of this Law.
11. Investment Registration Certificate is a document in paper or electronic form recording the information registered by the investor regarding the investment project.
12. National investment information system is a specialized information system for monitoring, evaluating, and analyzing the situation of investment nationwide to serve state management work and support investors in conducting business investment activities.
13. Overseas investment activity is the act of an investor transferring investment capital from Vietnam to foreign countries and using profits derived from this investment capital to conduct business investment activities abroad.
14. Joint business contract (hereinafter referred to as BCC contract) is a contract signed between investors to cooperate in business, share profits, and divide products according to the provisions of the law without establishing an economic organization.
15. Export Processing Zone is an industrial zone specializing in producing export goods, providing services for export production, and export activities.
16. Industrial Park is a geographic area with defined boundaries specializing in producing industrial goods and providing services for industrial production.
17. Economic Zone is a geographic area with defined boundaries comprising multiple functional zones established to achieve goals of attracting investment, developing socio-economic activities, and protecting national defense and security.
18. Investor is an organization or individual conducting business investment activities, including domestic investors, foreign investors, and economic organizations with foreign investment capital.
19. Foreign investor is an individual with foreign nationality or an organization established under foreign law conducting business investment activities in Vietnam.
20. Domestic investor is an individual with Vietnamese nationality or an economic organization without foreign investors as members or shareholders.
21. Economic organization is an organization established and operating in accordance with Vietnamese law, including enterprises, cooperatives, cooperative federations, and other organizations conducting business investment activities.
22. Economic organization with foreign investment capital is an economic organization with foreign investors as members or shareholders.
23. Investment capital is money and other assets as prescribed by civil law and international treaties to which the Socialist Republic of Vietnam is a member to conduct business investment activities.
Article 4. Application of the Investment Law and related laws
2. In cases where there are different provisions between the Investment Law and other laws promulgated before the effective date of the Investment Law regarding prohibited business sectors or conditional business sectors, the provisions of the Investment Law shall apply. The names of prohibited business sectors and conditional business sectors specified in other laws must be consistent with Article 6 and the Appendices of the Investment Law.
3. In cases where there are different provisions between the Investment Law and other laws promulgated before the effective date of the Investment Law regarding procedures and conditions for business investment and investment guarantees, the provisions of the Investment Law shall apply, except for the following cases:
a) Investment management and use of state capital at enterprises shall be carried out in accordance with the provisions of the Law on Management and Use of State Capital for Production and Business at Enterprises;
b) Authorities, procedures, and conditions for public investment and management and use of public investment capital shall be carried out in accordance with the provisions of the Public Investment Law;
c) Authorities, procedures, and conditions for investment and implementation of projects; laws regulating project contracts; investment guarantees and state capital management mechanisms directly applied to public-private partnership investment projects shall be carried out in accordance with the Public-Private Partnership Investment Law;
d) Implementation of investment construction projects, housing, and urban areas shall be carried out in accordance with the Construction Law, Housing Law, and Real Estate Business Law after obtaining approval from competent authorities in accordance with the Investment Law;
đ) Authorities, procedures, conditions for business investment and operations in securities and securities markets in Vietnam as stipulated by the Credit Organizations Law, Insurance Business Law, and Petroleum Law;
e) Authorities, procedures, conditions for business investment and operations in securities and securities markets in Vietnam shall be carried out in accordance with the Securities Law;
4. In cases where other laws promulgated after the effective date of the Investment Law need to provide special provisions on investment that differ from those of the Investment Law, they must clearly specify the content to be implemented or not implemented according to the provisions of the Investment Law, and the content to be implemented according to the provisions of such other laws.
5. For contracts in which at least one party participating is a foreign investor or an economic organization as stipulated in Clause 1, Article 23 of the Investment Law, the parties may agree in the contract to apply foreign law or international investment customs if such agreement does not contravene Vietnamese law.
Article 5. Policies on business investment
1. Investors have the right to carry out business investment activities in sectors and industries not prohibited by this Law. For conditional business investment sectors, investors must meet the business investment conditions as prescribed by law.
2. Investors shall independently decide and bear responsibility for their business investment activities in accordance with this Law and other relevant laws; they shall have access to and use credit funds, support funds, land, and other resources in accordance with the law.
3. Investors' business investment activities shall be suspended, stopped, or terminated if such activities harm or pose a risk of harming national defense and security.
4. The State recognizes and protects investors' property rights, investment capital, income, and other legitimate rights and interests.
5. The State treats all investors equally; it has policies to encourage and create favorable conditions for investors to carry out business investment activities and develop sustainable economic sectors.
6. The State respects and fulfills international treaties on investment to which the Socialist Republic of Vietnam is a member.
Article 6. Prohibited Industries and Businesses
1. The following business activities are prohibited:
a) Trading in narcotic substances listed in Appendix I of this Law;
b) Trading in chemicals and minerals listed in Appendix II of this Law;
c) Trading in specimens of wild plant and animal species originating from natural sources listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; specimens of endangered, precious, and rare forest plants, animals, and aquatic products Group I originating from natural sources listed in Appendix III of this Law;
d) Operating prostitution services;
đ) Buying and selling people, organs, bodies, parts of human bodies, and human fetuses;
e) Engaging in business activities related to human asexual reproduction;
g) Trading in explosive fireworks;
h) Operating debt collection services.
2. The production and use of products specified in points a, b, and c of Clause 1, Article 6 of this Law for analysis, testing, scientific research, healthcare, pharmaceutical production, criminal investigation, national defense, and security shall be carried out in accordance with regulations issued by the Government.
Article 7. Industries and Businesses Subject to Conditions
1. An industry or business subject to conditions is one where conducting investment and business activities requires compliance with necessary conditions due to reasons of national defense, national security, public order, social safety, societal morals, and community health.
2. The list of industries and businesses subject to conditions is specified in Appendix IV of this Law.
3. Investment and business conditions for industries and businesses specified in Clause 2 of this Article are stipulated in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and international treaties to which the Socialist Republic of Vietnam is a member. Ministries, agencies at the level of ministries, People's Councils, People's Committees at all levels, other state agencies, organizations, and individuals are not allowed to issue regulations on investment and business conditions.
4. Investment and business conditions must be established in accordance with the reasons specified in Clause 1 of this Article and must ensure transparency, objectivity, and minimize time and compliance costs for investors.
5. Regulations on investment and business conditions must include the following contents:
a) The scope and applicability of investment and business conditions;
b) The form of application of investment and business conditions;
c) The content of investment and business conditions;
d) Administrative procedures, including documentation required to comply with investment and business conditions (if applicable);
đ) State management agencies and competent authorities responsible for administrative procedures concerning investment and business conditions;
e) The validity period of permits, certificates, or other confirmation documents (if applicable).
6. Investment and business conditions are applied through the following forms:
a) Permit;
b) Certificate;
c) License;
d) Confirmation document;
đ) Other requirements that individuals and economic organizations must meet to conduct investment and business activities without the need for written confirmation from competent authorities.
7. Industries and businesses subject to conditions and the conditions for such industries and businesses must be published on the National Portal for Enterprise Registration.
8. The Government shall provide detailed regulations on the publication and control of investment and business conditions.
Article 8. Amending and Supplementing Prohibited Investment and Business Industries and the List of Conditional Investment and Business Industries, Conditions for Investment and Business
1. Based on economic and social conditions and management requirements during each period, the Government shall review prohibited investment and business industries and the List of Conditional Investment and Business Industries, and submit to the National Assembly for amending and supplementing Articles 6, 7 and the Appendices of this Law through a simplified procedure.
2. The amendment and supplementation of conditional investment and business industries or investment and business conditions must comply with the provisions of Clauses 1, 3, 4, 5, and 6 of Article 7 of this Law.
Article 9. Industries and Businesses and Market Access Conditions for Foreign Investors
1. Foreign investors shall be subject to market access conditions as prescribed for domestic investors, except as provided for in Clause 2 of this Article.
2. Based on laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and international treaties to which the Socialist Republic of Vietnam is a party, the Government shall announce the List of Industries and Businesses Restricted from Market Access for Foreign Investors, including:
a) Industries and businesses not yet accessible to the market;
b) Industries and businesses accessible to the market under conditions.
3. Market access conditions for foreign investors specified in the List of Industries and Businesses Restricted from Market Access for Foreign Investors include:
a) The proportion of foreign investor's subscribed capital in an economic organization;
b) Forms of investment;
c) Scope of investment activities;
d) Competence of the investor; partners participating in implementing investment activities;
đ) Other conditions as prescribed in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and international treaties to which the Socialist Republic of Vietnam is a party.
4. The Government shall provide detailed regulations on this matter.
Chapter II
INVESTMENT GUARANTEES
Article 10. Ensuring Property Ownership Rights
1. Legitimate property of investors shall not be nationalized or confiscated by administrative measures.
2. In cases where the State purchases or requisitions property for reasons of national defense, security, or national interest, emergency situations, disaster prevention and control, investors shall be compensated according to the law on purchasing and requisitioning property and other relevant laws.
Article 11. Ensuring Investment and Business Activities
1. The State shall not compel investors to meet the following requirements:
a) Prioritize the purchase and use of domestic goods and services or must purchase and use goods and services from domestic producers or service providers;
b) Export goods or services at a certain ratio; limit the quantity, value, types of exported goods and services or produced and supplied domestically;
c) Import goods in quantities and values corresponding to the quantities and values of exported goods or be required to balance foreign exchange from exports to meet import needs;
d) Achieve a level of localization for domestically produced goods;
đ) Achieve a certain degree or value in domestic research and development activities;
e) Provide goods or services at a specific location within the country or abroad;
g) Establish headquarters at locations as required by competent state authorities.
2. Based on economic and social development conditions and investment attraction needs during each period, the Prime Minister shall decide on applying forms of State guarantees to implement investment projects within the scope of investment policy approval by the National Assembly, the Prime Minister, and other important infrastructure development projects.
The Government shall provide detailed regulations on this matter.
Article 12. Guarantee for the right to transfer assets abroad of foreign investors
After fulfilling all financial obligations to the State of Vietnam as prescribed by law, foreign investors are entitled to transfer abroad the following assets:
1. Investment capital, liquidation proceeds from investments;
2. Income from investment business activities;
3. Other lawful money and property belonging to the investor.
Article 13. Guarantee for investment business operations in cases of changes in laws
1. In the case where a new legal document is issued providing for new investment incentives or higher investment incentives, the investor shall enjoy investment incentives according to the provisions of the new legal document for the remaining period of the investment project's incentive enjoyment, except for special investment incentives for projects specified in point a, Clause 5, Article 20 of this Law.
2. In the case where a new legal document is issued providing for lower investment incentives than those previously enjoyed by the investor, the investor shall continue to apply the previous investment incentives for the remaining period of the investment project's incentive enjoyment.
3. The provisions of Clause 2 of this Article shall not apply in cases where legal document provisions are changed due to reasons of national defense, national security, public order, social safety, social morality, community health, environmental protection.
4. In the case where the investor is not allowed to continue applying the investment incentives as stipulated in Clause 3 of this Article, the investor shall be considered and resolved through one or more of the following measures:
a) Deducting actual losses of the investor from taxable income;
b) Adjusting the objectives of the investment project;
c) Supporting the investor to mitigate losses.
5. For the investment guarantee measures provided for in Clause 4 of this Article, the investor must submit a written request within three years from the date the new legal document takes effect.
Article 14. Resolution of disputes in investment business activities
1. Disputes related to investment business activities in Vietnam shall be resolved through negotiation and mediation. In the event that negotiation and mediation fail, the dispute shall be resolved through arbitration or court as prescribed in Clauses 2, 3, and 4 of this Article.
2. Disputes between domestic investors, economic organizations with foreign investment capital, or between domestic investors, economic organizations with foreign investment capital and state agencies with jurisdiction over investment business activities on Vietnamese territory shall be resolved through Vietnamese arbitration or Vietnamese courts, except in the cases provided for in Clause 3 of this Article.
3. Disputes among investors, at least one of whom is a foreign investor or an economic organization specified in points a, b, and c, Clause 1, Article 23 of this Law, shall be resolved through one of the following authorities or organizations:
a) Vietnamese courts;
b) Vietnamese arbitration;
c) Foreign arbitration;
d) International arbitration;
d) Arbitration agreed upon by the disputing parties to establish.
4. Disputes between foreign investors and state agencies with jurisdiction over investment business activities on Vietnamese territory shall be resolved through Vietnamese arbitration or Vietnamese courts, except in cases where there are other agreements under contracts or international treaties to which the Socialist Republic of Vietnam is a member.
Chapter III
INVESTMENT INCENTIVES AND SUPPORT
Article 15. Forms and Objects of Investment Incentives
1. Forms of investment incentives include:
a) Corporate income tax incentives, including applying a lower corporate income tax rate than the standard rate for a limited period or throughout the entire implementation period of the investment project; exemption from tax, reduction of tax, and other incentives as prescribed by laws on corporate income tax;
b) Exemption from import duties for goods imported to form fixed assets; raw materials, components, and parts imported for production as prescribed by laws on export and import taxes;
c) Exemption or reduction of land use fees, land lease fees, and land use tax;
d) Accelerated depreciation and increased deductible expenses when calculating taxable income.
2. Objects eligible for investment incentives include:
a) Investment projects in industries and businesses with preferential investment as prescribed in Clause 1, Article 16 of this Law;
b) Investment projects in areas with preferential investment as prescribed in Clause 2, Article 16 of this Law;
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 Certificate of Investment Registration or approval of the investment proposal, and simultaneously meeting one of the following criteria: achieving a minimum annual turnover of VND 10,000 billion within the shortest possible time of three years from the year of revenue generation or employing at least 3,000 workers;
d) Social housing construction projects; investment projects in rural areas employing at least 500 workers; investment projects employing disabled workers as prescribed by laws on persons with disabilities;
đ) High-tech enterprises, science and technology enterprises, scientific and technological organizations; projects transferring technology listed in the Catalogue of Encouraged Technology Transfer as prescribed by laws on technology transfer; technology incubation centers, enterprise incubation centers for science and technology enterprises as prescribed by laws on high technology and science and technology; enterprises producing, supplying technology, equipment, products, and services serving environmental protection requirements as prescribed by laws on environmental protection;
e) Start-up innovation investment projects, innovation and creativity centers, research and development centers;
g) Chain distribution business investments for small and medium-sized enterprises; technical support base business investments for small and medium-sized enterprises, enterprise incubation bases for small and medium-sized enterprises; shared workspace business investments supporting start-up innovation enterprises for small and medium-sized enterprises as prescribed by laws on support for small and medium-sized enterprises.
3. Investment incentives apply to new investment projects and expanded investment projects.
4. The specific levels of incentives for each type of investment incentive are applied according to laws on taxation, accounting, and land.
5. Investment incentives prescribed in points b, c, and d, Clause 2 of this Article shall not apply to the following investment projects:
a) Mineral exploitation investment projects;
b) Production and trading of goods and services subject to special consumption tax as prescribed by the Special Consumption Tax Law, except for automobile, aircraft, and yacht manufacturing projects;
c) Commercial housing construction projects as prescribed by laws on housing.
6. Investment incentives are applied for a limited period based on the results of the implementation of the investment project by the investor. Investors must meet the conditions for enjoying incentives as prescribed by laws during the period of receiving investment incentives.
7. Investment projects that meet the conditions for different levels of investment incentives, including investment incentives prescribed in Article 20 of this Law, shall be entitled to the highest level of investment incentives.
8. The Government shall provide detailed regulations on this matter.
Article 16. Preferential investment industries and preferential investment areas
1. Preferential investment industries include:
b) Production of new materials, new energy, clean energy, renewable energy; production of products with added value of 30% or more, energy-saving products;
c) Production of electronic products, key mechanical products, agricultural machinery, automobiles, automobile spare parts; shipbuilding;
d) Production of products listed in the Priority Supporting Industrial Products Catalogue;
e) Cultivation, processing of agricultural, forestry, aquatic products; planting and protecting forests; salt production; marine product exploitation and fishery support services; production of crop and livestock seeds, biotechnology products;
i) Preschool education, general secondary education, vocational education, higher education;
k) Medical examination and treatment; pharmaceuticals, drug raw materials, drug storage production; scientific research on drug formulation technology, biotechnology for new drug production; medical equipment production;
l) Investment in training and competition facilities for disabled persons or professionals; protection and promotion of cultural heritage values;
m) Investment in geriatric centers, mental health centers, treatment centers for dioxin victims; elderly care centers, disability care centers, orphanages, street children shelters;
n) People's credit funds, microfinance organizations;
o) Production of goods and provision of services creating or participating in value chains, industry clusters;
2. Preferential investment areas include:
a) Areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions;
3. Based on the preferential investment industries and areas specified in Clause 1 and Clause 2 of this Article, the Government shall promulge, amend, and supplement the Catalogue of Preferential Investment Industries and the Catalogue of Preferential Investment Areas; determine special preferential investment industries within the Catalogue of Preferential Investment Industries.
Article 17. Procedures for Applying Investment Incentives
Based on the objects stipulated in Clause 2 of Article 15 of this Law, investment policy approval documents (if any), Investment Registration Certificate (if any), and other relevant legal provisions, investors shall self-determine investment incentives and implement procedures to enjoy investment incentives at tax authorities, financial authorities, customs authorities, and other competent authorities corresponding to each type of investment incentive.
Article 18. Forms of Investment Support
1. Forms of investment support include:
a) Infrastructure technical and social development support inside and outside the project boundary;
b) Training and human resource development support;
c) Credit support;
d) Production and business site access support; support for production and business bases to relocate according to decisions of state agencies;
đ) Scientific and technological support, technology transfer;
e) Market development support, information provision;
g) Research and development support.
2. Based on socio-economic development orientations and the ability to balance the state budget during each period, the Government shall detail the forms of investment support specified in Clause 1 of this Article for high-tech enterprises, science and technology enterprises, science and technology organizations, enterprises investing in agriculture and rural areas, enterprises investing in education, law dissemination, and other subjects.
Article 19. Support for the development of infrastructure systems in industrial zones, export processing zones, high-tech zones, and economic zones
2. The State shall support part of the investment capital for development from the state budget and preferential credit to develop a comprehensive system of technical infrastructure and social infrastructure inside and outside the boundaries of industrial zones in areas with difficult socio-economic conditions or particularly difficult socio-economic conditions.
3. The State shall support part of the investment capital for development from the state budget, preferential credit, and apply other methods of raising funds to construct technical infrastructure and social infrastructure within economic zones and high-tech zones.
Article 20. Special Investment Incentives and Support
1. The Government decides on the application of special investment incentives and support to encourage the development of certain investment projects that have significant impacts on socio-economic development.
2. The objects eligible for special investment incentives and support as stipulated in Clause 1 of this Article include:
3. The level of incentives and the duration of applying special incentives shall be implemented in accordance with the provisions of the Law on Corporate Income Tax and the laws on land.
4. Special investment support shall be carried out in the forms prescribed in Clause 1 of Article 18 of this Law.
5. The special investment incentives and support provided for in this Article shall not apply to the following cases:
a) Investment projects that have been issued an Investment Certificate, Investment Registration Certificate, or investment policy decision before the effective date of this Law;
b) Investment projects as stipulated in Clause 5 of Article 15 of this Law.
6. The Government shall submit to the National Assembly for a decision to apply other investment incentives different from those prescribed in this Law and other laws in cases where it is necessary to encourage the development of particularly important investment projects or special administrative-economic units.
7. The Government shall provide detailed regulations on this matter.
Chapter IV INVESTMENT ACTIVITIES IN VIETNAM
Section 1 FORMS OF INVESTMENT
Article 21. Forms of Investment
1. Establishing an economic organization.
2. Investing in shares or purchasing equity stakes.
3. Implementing investment projects.
4. Investing under a Build-Operate-Transfer (BOT) contract.
5. Other forms of investment and new types of economic organizations as prescribed by the Government.
Article 22. Investment to Establish Economic Organizations
1. Investors shall establish economic organizations in accordance with the following provisions:
a) Domestic investors shall establish economic organizations in accordance with the laws on enterprises and corresponding laws for each type of economic organization;
b) Foreign investors establishing economic organizations must meet the market access conditions for foreign investors as stipulated in Article 9 of this Law;
2. 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 specified in the Enterprise Registration Certificate.
Article 23. Implementation of Investment Activities by Economic Organizations with Foreign Capital
1. Economic organizations must meet the conditions and complete investment procedures prescribed for foreign investors when investing to establish another economic organization; contributing capital, purchasing shares, or purchasing equity interests in another economic organization; or investing under a BOT contract if such economic organization falls into one of the following cases:
a) A foreign investor holds more than 50% of the charter capital or has a majority of general partners being foreigners in the case of a limited liability company;
b) An economic organization as defined in point a of this clause holds more than 50% of the charter capital;
c) A foreign investor and an economic organization as defined in point a of this clause hold more than 50% of the charter capital.
2. Economic organizations not falling within the cases prescribed in points a, b, and c of Clause 1 of this Article shall implement investment conditions and procedures prescribed for domestic investors when investing to establish another economic organization; contributing capital, purchasing shares, or purchasing equity interests in another economic organization; or investing under a BOT contract.
3. Economic organizations with foreign capital already established in Vietnam, if they have a new investment project, may proceed with the implementation of that project without necessarily establishing a new economic organization.
4. The Government shall provide detailed regulations on the procedures and conditions for establishing economic organizations and on the implementation of investment activities by foreign investors and economic organizations with foreign capital.
Article 24. Investment through Contributing Capital, Purchasing Shares, or Purchasing Equity Interests
1. Investors have the right to contribute capital, purchase shares, or purchase equity interests in economic organizations.
2. Foreign investors contributing capital, purchasing shares, or purchasing equity interests in economic organizations must comply with the following provisions and conditions:
a) Market access conditions for foreign investors as stipulated in Article 9 of this Law;
b) Ensuring national defense and security as provided for in this Law;
c) Provisions of the land law regarding conditions for land use rights, conditions for land use in island, border, and coastal communes, wards, and towns.
Article 25. Forms of capital contribution, purchase of shares, and purchase of equity interest
1. Investors may contribute capital to economic organizations in the following forms:
a) Purchase of initial issued shares or additional issued shares of a joint-stock company;
b) Contribution of capital to a limited liability company or a partnership;
c) Contribution of capital to other economic organizations not covered by points a and b of this clause.
2. Investors may purchase shares or equity interests of economic organizations in the following forms:
a) Purchase of shares of a joint-stock company from the company or shareholders;
b) Purchase of equity interest of members of a limited liability company to become a member of the limited liability company;
c) Purchase of equity interest of contributing members in a partnership to become a contributing member of the partnership;
d) Purchase of equity interest of members of other economic organizations not covered by points a, b, and c of this clause.
Article 26. Investment Procedures for Capital Contribution, Purchase of Shares, and Purchase of Equity Interest
1. Investors who contribute capital, purchase shares, or purchase equity interest of economic organizations must meet the conditions and carry out procedures to change members or shareholders according to the relevant laws corresponding to each type of economic organization.
2. Foreign investors must complete registration procedures for capital contribution, purchase of shares, or purchase of equity interest of economic organizations before changing members or shareholders if they fall under any of the following circumstances:
a) The capital contribution, purchase of shares, or purchase of equity interest increases the ownership ratio of foreign investors in economic organizations operating in industries or businesses with conditional market access for foreign investors;
b) The capital contribution, purchase of shares, or purchase of equity interest leads to foreign investors or economic organizations specified in points a, b, and c of Clause 1, Article 23 of this Law holding more than 50% of the charter capital of the economic organization in the following cases: increasing the ownership ratio of foreign investors' charter capital from below or equal to 50% to above 50%; increasing the ownership ratio of foreign investors' charter capital when foreign investors already hold more than 50% of the charter capital in the economic organization;
c) Foreign investors contribute capital, purchase shares, or purchase equity interest of economic organizations that have Land Use Certificates on islands and border communes, wards, towns; coastal communes, wards, towns; and other areas affecting national defense and security.
3. Investors not falling under the circumstances stipulated in Clause 2 of this Article shall follow the relevant laws to complete procedures to change shareholders or members when contributing capital, purchasing shares, or purchasing equity interest of economic organizations. In case of a need to register capital contribution, purchase of shares, or purchase of equity interest of economic organizations, investors shall comply with the provisions of Clause 2 of this Article.
4. The Government shall specify detailed documentation, procedures, and processes for capital contribution, purchase of shares, or purchase of equity interest of economic organizations as prescribed in this Article.
Article 27. Investment through BCC Contract
1. BCC contracts are concluded between domestic investors in accordance with civil law regulations.
2. BCC contracts are concluded between domestic investors and foreign investors or among foreign investors in accordance with investment registration procedures stipulated in Article 38 of this Law.
3. Parties participating in BCC contracts establish a coordination board to implement the BCC contract. The functions, tasks, and authorities of the coordination board are agreed upon by the parties.
Article 28. Contents of the Business Cooperation Contract (BCC)
1. The BCC includes the following main contents:
a) Name, address, and authorized representative of each party to the contract; transaction address or project implementation location;
b) Objectives and scope of business investment activities;
c) Contributions of each party to the contract and distribution of business investment results among parties;
d) Progress and duration of contract performance;
đ) Rights and obligations of each party to the contract;
e) Amendment, assignment, termination of the contract;
g) Liability for breach of contract and dispute resolution methods.
2. During the performance of the BCC, the parties to the contract may agree to use assets formed from business cooperation to establish a business entity in accordance with the provisions of the law on businesses.
3. The parties to the BCC have the right to agree on other contents that do not contravene the provisions of the law.
Section 2 APPROVAL OF INVESTMENT POLICY AND SELECTION OF INVESTORS
Article 29. Selection of investors to implement investment projects
1. Investor selection is conducted through one of the following forms:
a) Auctioning land use rights in accordance with the provisions of the law on land;
b) Tendering to select investors in accordance with the provisions of the law on tendering;
c) Approval of investors in accordance with Clause 3 and Clause 4 of this Article.
2. Investor selection to implement investment projects in accordance with point a and point b of Clause 1 of this Article shall be carried out after approval of the investment policy, except in cases where the investment project does not require approval of the investment policy.
3. In cases where the organization of land use rights auction has only one person registering to participate or the auction fails according to the provisions of the law on land, or in cases where the organization of tendering to select investors has only one investor registering according to the provisions of the law on tendering, the competent authority shall carry out the procedure to approve the investor when the investor meets the conditions stipulated by relevant laws.
4. For investment projects requiring approval of the investment policy, the competent authority approving the investment policy simultaneously approves the investor without conducting land use rights auction or tendering to select investors in the following cases:
a) The investor has land use rights, except in cases where the State recovers land for national defense, security purposes, or for economic and social development for national interest and public benefit as provided by the law on land;
b) The investor receives transferred land use rights, capital contribution, or leases agricultural land use rights to implement non-agricultural production and business projects not subject to State land recovery as provided by the law on land;
d) Other cases not subject to auction or tendering as provided by law.
5. The Government shall provide detailed regulations on this matter.
Article 30. Authority to Approve Investment Policy of the National Assembly
The National Assembly approves the investment policy for the following investment projects:
1. Investment projects significantly affecting the environment or potentially seriously impacting the environment, including:
b) Investment projects requiring conversion of special-use forest land, upstream protective forest land, border protective forest land of 50 hectares or more; windbreak, sand-fixing, and wave-blocking, coastal-reclamation protective forest land of 500 hectares or more; productive forest land of 1,000 hectares or more;
2. Investment projects requiring conversion of rice paddy land for two or more crops with a scale of 500 hectares or more;
3. Investment projects requiring resettlement of 20,000 people or more in mountainous areas, 50,000 people or more in other regions;
4. Investment projects requiring application of special mechanisms and policies that need to be decided by the National Assembly.
Article 31. The Prime Minister's Authority to Approve Investment Proposals
Except for investment projects specified in Article 30 of this Law, the Prime Minister shall approve investment proposals for the following investment projects:
1. Investment projects not subject to any of the following circumstances:
e) Investment projects involving gambling operations, casinos (casinos), except for electronic games with prizes for foreigners;
h) Construction and operation of industrial park infrastructure, export processing zone infrastructure;
2. Foreign investor investment projects in telecommunications services with network infrastructure, forestry, publishing, journalism;
4. Other investment projects within the approval authority of the Prime Minister for investment proposals or investment decisions according to the provisions of the law.
Article 32. Provincial People's Committee's Authority to Approve Investment Proposals
a) Investment projects requesting the State to allocate land, lease land without public auction or tender, or accept transfer, investment projects requesting permission to change land use purposes, except cases where land allocation, land leasing, permission to change land use purposes for households, individuals not required to have approval documents from the provincial People's Committee according to the law on land;
c) Golf course construction and operation investment projects;
d) Foreign investor investment projects, economic organizations with foreign capital operating in islands and border communes, wards, towns; coastal communes, wards, towns; other areas affecting national defense and security;
2. For investment projects specified in points a, b, and d of Clause 1 of this Article implemented in industrial parks, export processing zones, high-tech zones, economic zones in accordance with approved planning, the management boards of industrial parks, export processing zones, high-tech zones, economic zones shall approve investment proposals.
3. The Government shall provide detailed regulations on this Article.
1. The documents for requesting approval of investment project proposals submitted by investors include:
a) A document proposing to implement the investment project, including a commitment to bear all costs and risks if the project is not approved;
b) Documents regarding the legal status of the investor;
c) Documents proving the financial capacity of the investor, including at least one of the following: the investor's financial reports for the two most recent years; a financial support commitment from the parent company; a financial support commitment from a financial organization; a guarantee regarding the investor's financial capacity; other documents proving the investor's financial capacity;
d) The proposed investment project, which includes the main contents: the investor or the method of selecting the investor, investment objectives, scale of investment, investment capital and funding plan, location, time limit, progress, information on land use status at the project site and proposed land use needs (if any), labor requirements, proposed investment incentives, economic and social impacts and effects of the project, preliminary environmental impact assessment (if any) according to laws on environmental protection. In cases where construction laws require the preparation of a pre-feasibility study report, the investor may submit a pre-feasibility study report instead of the proposed investment project;
đ) In cases where the investment project does not request the State to allocate land, lease land, or permit changes in land use purposes, a copy of the land use rights certificate or other documents confirming the right to use the location for implementing the investment project shall be submitted;
e) An explanation of the technology used in the investment project for projects subject to review and solicitation of opinions on technology according to laws on technology transfer;
g) A Build-Operate-Transfer (BOT) contract for investment projects implemented under the BOT model;
h) Other relevant documents related to the investment project, as required by laws concerning conditions and capabilities of the investor (if any).
2. The documents for requesting approval of investment project proposals prepared by competent state agencies include:
a) A proposal for approving the investment project;
b) The proposed investment project, which includes the main contents: investment objectives, scale of investment, investment capital, location, time limit, progress, economic and social impacts and effects of the project; information on land use status at the project site, conditions for land recovery for projects requiring land recovery, anticipated land use needs (if any); preliminary environmental impact assessment (if any) according to laws on environmental protection; anticipated methods of selecting investors and conditions for investors (if any); special mechanisms and policies (if any). In cases where construction laws require the preparation of a pre-feasibility study report, competent state agencies may use a pre-feasibility study report instead of the proposed investment project.
3. The content of the review of investment project approval proposals includes:
a) Evaluation of the alignment of the investment project with national master plans, regional plans, provincial plans, urban plans, and special administrative-economic units' plans (if any);
b) Evaluation of land use needs;
c) Preliminary evaluation of the economic and social effectiveness of the investment project; preliminary environmental impact assessment (if any) according to laws on environmental protection;
d) Evaluation of investment incentives and conditions for enjoying such incentives (if any);
đ) Evaluation of the technology used in the investment project for projects subject to review or solicitation of opinions on technology according to laws on technology transfer;
4. The content of the review of investment project approval proposals that simultaneously approves the investor includes:
a) The review contents stipulated in Clause 3 of this Article;
b) The ability to meet conditions for allocating land, leasing land without public auctioning of land use rights or tendering for investor selection; the ability to meet conditions for changing land use purposes for projects requiring such changes;
c) Evaluation of the investor's ability to access the market for foreign investors (if any);
d) Other conditions for investors as prescribed by relevant laws;
5. The Government shall provide detailed regulations on this matter.
1. The dossier as prescribed in Clause 1 and Clause 2 of Article 33 of this Law shall be submitted to the Ministry of Planning and Investment.
2. Within fifteen days from the date of receipt of the complete dossier, the Ministry of Planning and Investment shall report.
3. Within ninety days from the date of establishment, the State Appraisal Council shall organize the appraisal of the dossier and prepare an appraisal report including the contents of appraisal as prescribed in Article 33 of this Law to submit to the Government.
4. At the latest sixty days before the opening day of the National Assembly session, the Government shall prepare and send the dossier requesting approval of the investment proposal to the leading agency responsible for examination of the National Assembly.
5. The dossier requesting approval of the investment proposal includes:
a) The proposal of the Government;
b) The dossier as prescribed in this Clause;
c) The State Appraisal Council's appraisal report;
d) Other related documents.
6. The content of the examination of the request for approval of the investment proposal includes:
a) Compliance with the criteria for determining projects requiring the approval of the National Assembly's consent to the investment proposal;
b) The necessity of implementing the investment project;
c) The conformity of the investment project with national strategies, regional plans, provincial plans, urban plans, and special administrative-economic zone plans (if applicable);
d) Objectives, scale, location, time, progress of implementation of the investment project, land requirements, land clearance and resettlement plans, main technology selection schemes, environmental protection measures;
đ) Total investment capital, sources of capital;
e) Economic and social effectiveness assessment, ensuring defense and security and sustainable development of the investment project;
g) Special mechanisms, policies, incentives, and support for investment and conditions for application (if applicable).
7. The Government and related agencies, organizations, and individuals have the responsibility to provide full information and documents to serve the examination; explain issues related to the content of the investment project when requested by the leading agency responsible for examination of the National Assembly.
8. The National Assembly examines and approves the resolution on approval of the investment proposal including the contents prescribed in Clause 1 of Article 3 of this Law.
9. The Government shall specify detailed procedures and formalities for the State Appraisal Council's examination process.
1. The dossier as prescribed in Clause 1 and Clause 2 of Article 33 of this Law shall be submitted to the Ministry of Planning and Investment.
2. Within three working days from the date of receipt of the complete dossier, the Ministry of Planning and Investment shall send the dossier to relevant state agencies for comments on the appraisal contents as prescribed in Article 33 of this Law.
3. Within fifteen days from the date of receipt of the dossier, the agency providing comments shall issue an appraisal opinion on the content within its scope of state management and send it to the Ministry of Planning and Investment.
4. Within forty days from the date of receipt of the dossier, the Ministry of Planning and Investment shall organize the appraisal of the dossier and prepare an appraisal report including the appraisal contents as prescribed in Article 33 of this Law, to submit to the Prime Minister for approval of the investment proposal.
5. The Prime Minister shall examine and approve the investment proposal including the contents prescribed in Clause 1 of Article 3 of this Law.
6. For investment projects as prescribed in Clause 3 of Article 31 of this Law, the Prime Minister shall designate the investment registration authority of a province or centrally-administered city to issue an investment registration certificate for the entire project.
7. The Government shall specify detailed procedures and formalities for the examination process for investment projects approved by the Prime Minister's consent to the investment proposal.
1. The dossier prescribed in Clause 1 and Clause 2 of Article 33 of this Law shall be submitted to the investment registration agency. Within 35 days from the date of receipt of the dossier, the investment registration agency must notify the investor of the result.
2. Within three working days from the date of receiving all necessary documents, the investment registration agency shall send the dossier to relevant state agencies for their comments on the content specified in Article 33 of this Law.
3. Within fifteen days from the date of receipt of the dossier, the agency providing comments shall submit its comments on the content within its scope of administrative management to the investment registration agency.
4. Within twenty-five days from the date of receipt of the dossier, the investment registration agency shall prepare a report on the review including the contents specified in Article 33 of this Law and submit it to the provincial People's Committee.
5. Within seven working days from the date of receipt of the dossier and the review report, the provincial People's Committee shall approve the investment proposal, and in case of rejection, it must notify in writing and specify the reasons.
6. The provincial People's Committee shall consider the approval of the investment proposal including the contents prescribed in Clause 1 of Article 3 of this Law.
Section 3 PROCEDURES FOR ISSUING, AMENDING AND REVOKING INVESTMENT REGISTRATION CERTIFICATES
Article 37. Cases where procedures for issuing Investment Registration Certificates are carried out
1. The cases requiring the procedures for issuing Investment Registration Certificates include:
a) Foreign-invested projects;
b) Economic organizations as prescribed in Clause 1 of Article 23 of this Law.
2. The cases not requiring the procedures for issuing Investment Registration Certificates include:
a) Domestic-invested projects;
b) Economic organizations as prescribed in Clause 2 of Article 23 of this Law;
c) Investments in the form of capital contribution, share purchase, or equity participation in economic organizations.
3. For projects as prescribed in Articles 30, 31, and 32 of this Law, domestic investors and economic organizations as prescribed in Clause 2 of Article 23 of this Law shall implement the project after obtaining approval of the investment proposal.
4. In case domestic investors wish to obtain an Investment Registration Certificate for projects as prescribed in point a and point b of Clause 2 of this Article, the investors shall carry out the procedures for issuing Investment Registration Certificates as prescribed in Article 38 of this Law.
1. The investment registration agency shall issue Investment Registration Certificates for projects subject to approval of investment proposals as prescribed in Articles 30, 31, and 32 of this Law within the following timeframes:
a) Five working days from the date of receipt of the approval document for the investment proposal and the approval of the investor for projects subject to issuance of Investment Registration Certificates;
b) Fifteen days from the date of receipt of the investor's request for issuance of an Investment Registration Certificate for projects not falling under the cases prescribed in point a of this clause.
2. For projects not subject to approval of investment proposals as prescribed in Articles 30, 31, and 32 of this Law, investors shall be issued Investment Registration Certificates if they meet the following conditions:
a) The project does not fall within prohibited industries or businesses;
b) There is a location for implementing the project;
c) The project is consistent with the planning as prescribed in point a of Clause 3 of Article 33 of this Law;
d) It meets the conditions regarding investment per unit area and number of workers employed (if applicable);
đ) It meets the market access conditions for foreign investors.
3. The Government shall provide detailed regulations on the conditions, dossiers, procedures, and formalities for issuing Investment Registration Certificates.
Article 39. Authority to Issue, Adjust, and Revoke Investment Registration Certificates
1. Industrial Park Management Board, Export Processing Zone Management Board, High-Tech Park Management Board, and Economic Zone Management Board shall issue, adjust, and revoke Investment Registration Certificates for investment projects within industrial parks, export processing zones, high-tech parks, and economic zones, except in cases stipulated in Clause 3 of this Article.
2. Department of Planning and Investment shall issue, adjust, and revoke Investment Registration Certificates for investment projects outside industrial parks, export processing zones, high-tech parks, and economic zones, except in cases stipulated in Clause 3 of this Article.
3. The registration authority where the investor implements the investment project, sets up or plans to set up an office to implement the investment project shall issue, adjust, and revoke Investment Registration Certificates for the following investment projects:
a) Investment projects implemented in two or more provincial administrative units;
b) Investment projects implemented both inside and outside industrial parks, export processing zones, high-tech parks, and economic zones;
c) Investment projects within industrial parks, export processing zones, high-tech parks, and economic zones where the Industrial Park Management Board, Export Processing Zone Management Board, High-Tech Park Management Board, and Economic Zone Management Board have not been established or are not under their management.
4. The agency receiving the project application file is the competent authority to issue Investment Registration Certificates, except in cases stipulated in Articles 34 and 35 of this Law.
Article 40. Contents of the Investment Registration Certificate
1. Name of the investment project.
2. Investor.
3. Project investment code number.
4. Location of the investment project implementation, land area used.
5. Objectives, scale of the investment project.
6. Investment capital of the investment project (including the investor's contribution capital and raised capital).
7. Operation period of the investment project.
8. Implementation progress of the investment project, including:
a) Capital contribution and fundraising progress;
b) Progress in implementing the main operational objectives of the investment project, if the investment project is divided into phases, then the implementation progress of each phase must be specified.
9. Forms of investment incentives and support and basis, conditions for application (if applicable).
10. Conditions for investors implementing the investment project (if applicable).
Article 41. Adjustment of Investment Projects
1. During the implementation of the investment project, the investor has the right to adjust the objectives, transfer part or all of the investment project, merge projects, divide or split a project into multiple projects, use land use rights and assets on land belonging to the investment project to contribute capital to establish a business, engage in joint ventures or other contents, and must comply with legal regulations.
2. Investors must complete procedures to adjust the Investment Registration Certificate when the adjustment of the investment project changes the content of the Investment Registration Certificate.
3. Investors with approved investment projects must complete procedures to approve adjustments to the investment proposal if they fall into one of the following situations:
a) Changing the objectives already defined in the approval decision for the investment proposal; adding new objectives that require approval of the investment proposal;
b) Changing the land use area by more than 10% or over 30 hectares, changing the location of the investment;
c) Changing the total investment capital by 20% or more, thereby changing the scale of the investment project;
d) Extending the implementation schedule of the investment project, causing the total investment time to exceed 12 months compared to the initial implementation schedule specified in the first approval decision for the investment proposal;
đ) Adjusting the operation period of the investment project;
e) Changing the technology that has been reviewed and consulted during the approval process for the investment proposal;
g) Changing the investor of the investment project that has been approved for the investment proposal, simultaneously approving the investor before the project starts operations, or changing the conditions for the investor (if applicable).
4. For investment projects that have been approved for the investment proposal, the investor may not adjust the implementation schedule of the investment project by more than 24 months from the initial implementation schedule specified in the first approval decision for the investment proposal, except in the following cases:
a) To remedy consequences arising from force majeure as stipulated in the civil law and land law;
b) Adjusting the implementation schedule of the investment project due to delays in the State's allocation of land, leasing of land, or permission to change the purpose of land use;
c) Adjusting the implementation schedule of the investment project at the request of state management agencies or state agencies delaying administrative procedures;
d) Adjusting the investment project due to changes in planning by state agencies;
đ) Changing the objectives already defined in the approval decision for the investment proposal; adding new objectives that require approval of the investment proposal;
e) Increasing the total investment capital by 20% or more, thereby changing the scale of the investment project.
5. The competent state authority that approves the investment proposal also has the authority to approve adjustments to the investment proposal. In cases where the proposed adjustment leads to the investment project falling under the jurisdiction of a higher-level authority for approval of the investment proposal, that level has the authority to approve adjustments to the investment proposal according to the provisions of this Article.
6. The procedures and formalities for adjusting the investment proposal shall be carried out according to the corresponding provisions in Articles 34, 35, and 36 of this Law for the respective adjusted contents.
7. In cases where the proposed adjustment leads to the investment project requiring approval of the investment proposal, the investor must complete the procedures for approval of the investment proposal before adjusting the investment project.
8. The Government shall provide detailed regulations on this matter.
Mục 4 IMPLEMENTATION OF INVESTMENT PROJECTS
Article 42. Principles for Implementing Investment Projects
1. For investment projects requiring approval of the investment orientation, the approval of the investment orientation must be completed before the investor implements the investment project.
2. For investment projects requiring issuance of an Investment Registration Certificate, the investor shall be responsible for completing the procedures to obtain the Investment Registration Certificate prior to implementing the investment project.
3. The investor shall comply with the provisions of this Law, laws on planning, land, environment, construction, labor, fire prevention and fighting, other relevant laws, the approval decision on investment orientation (if applicable), and the Investment Registration Certificate (if applicable) during the implementation of the investment project.
Article 43. Ensuring Implementation of Investment Projects
1. The investor must deposit a performance bond or provide a bank guarantee for the performance bond to ensure the implementation of investment projects that request state allocation of land, leasing of land, permission to change land use purposes, except in the following cases:
a) An investor who wins the auction for land use rights to implement an investment project that the State allocates land with payment for land use rights or leases land with a one-time payment for the entire lease period;
b) An investor who wins the bidding to implement an investment project involving land use;
c) An investor who receives land allocation or leasing from the State based on taking over an investment project that has already deposited a performance bond or completed capital contribution and fundraising according to the schedule specified in the approval decision on investment orientation or the Investment Registration Certificate;
d) An investor who receives land allocation or leasing from the State based on taking over the land use rights and assets attached to the land from another land user.
2. Based on the scale, nature, and progress of each investment project, the performance bond amount to ensure the implementation of the investment project ranges from 01% to 03% of the total investment capital of the investment project. In the case where the investment project includes multiple phases, the performance bond amount will be paid and refunded according to each phase of the investment project's implementation, except in cases where it is not refundable.
3. The Government shall provide detailed regulations on this Article.
Article 44. Operation Period of Investment Projects
1. The operation period of investment projects within economic zones shall not exceed 70 years.
3. For investment projects where the State allocates or leases land to investors but the land handover is delayed, the time of such delay shall not be counted towards the operation period or progress of the investment project.
4. When the operation period of an investment project expires and the investor wishes to continue the project and meets the conditions stipulated by law, the extension of the operation period of the investment project may be considered but shall not exceed the maximum period specified in Clause 1 and Clause 2 of this Article, except for the following investment projects:
a) Investment projects using outdated technology, posing potential environmental pollution risks, or excessive resource consumption;
b) Investment projects where the investor is required to transfer assets无偿地给越南国家或越南方。
5. The Government shall provide detailed regulations on this matter.
Article 45. Determining the value of investment capital; appraising the value of investment capital; appraising machinery, equipment, production lines
1. The investor shall be responsible for ensuring the quality of machinery, equipment, and production lines to implement the investment project in accordance with the provisions of the law.
2. After the investment project is put into operation, the investor shall independently determine the value of the investment capital of the investment project.
3. In cases where it is necessary to ensure state management over science and technology or to determine the basis for tax calculation, the competent state management agency may require an independent appraisal of the value of investment capital, the quality and value of machinery, equipment, and production lines after the investment project is put into operation.
4. The investor must bear the costs of the appraisal if the results of the appraisal lead to an increase in the investor's tax obligations to the State.
5. The Government shall provide detailed regulations on this matter.
Article 46. Transfer of Investment Projects
1. The investor has the right to transfer the entire or part of the investment project to another investor when meeting the following conditions:
a) The investment project or part of the investment project being transferred is not terminated according to the provisions of Clause 1 and Clause 2, Article 48 of this Law;
b) Foreign investors receiving the transfer of the investment project or part of the investment project must meet the conditions stipulated in Clause 2, Article 24 of this Law;
c) Conditions under the laws on land when transferring the investment project together with the transfer of land use rights and assets attached to the land;
d) Conditions under the laws on housing and laws on real estate business when transferring the investment project for building houses or real estate projects;
đ) Conditions stipulated in the approval document for the investment proposal, the Certificate of Investment Registration, or other relevant laws (if applicable);
e) When transferring the investment project, in addition to complying with the provisions of this Article, state-owned enterprises must comply with the regulations on the management and use of state capital invested in production and business operations before adjusting the investment project.
2. In cases where the conditions for transferring the investment project are met as prescribed in Clause 1 of this Article, the procedures for transferring the entire or part of the investment project shall be carried out as follows:
a) For investment projects approved according to the provisions of Article 29 of this Law and those holding a Certificate of Investment Registration, the investor shall carry out the procedures to adjust the investment project in accordance with Article 41 of this Law;
b) For investment projects not falling within the scope specified in point a of this clause, the transfer of the investment project or the transfer of ownership of assets to the investor receiving the project after the transfer shall be carried out in accordance with the civil law, enterprise law, real estate business law, and other relevant laws.
Article 47. Suspension of Investment Project Operations
1. When suspending the operation of an investment project, the investor must notify the investment registration authority in writing. If the suspension of the project operation is due to force majeure, the investor will be exempted from land rent and reduced land use fees during the suspension period to address the consequences caused by the force majeure.
2. The state management agency on investment shall decide to suspend or partially suspend the operation of the investment project in the following cases:
a) To protect cultural relics, antiquities, national treasures according to the Cultural Heritage Law;
b) To address violations of environmental protection laws at the request of the state management agency on the environment;
c) To implement labor safety measures at the request of the state labor management agency;
d) Pursuant to court judgments, decisions, or arbitral awards;
đ) The investor does not comply with the contents of the approval for the investment proposal, the Certificate of Investment Registration, and has been administratively sanctioned but continues to violate.
3. The Prime Minister decides to suspend or partially suspend the operation of the investment project when implementing the project causes harm or poses a risk of causing harm to national defense and security, upon the recommendation of the Ministry of Planning and Investment.
4. The Government shall provide detailed regulations on the conditions, procedures, formalities, and deadlines for suspending the operation of investment projects as stipulated in this Article.
Article 48. Termination of Investment Project Activities
1. The investor shall terminate investment activities, investment projects in the following cases:
a) The investor decides to terminate the operation of the investment project;
b) In accordance with the termination conditions stipulated in the contract or the company's articles of association;
c) Upon expiration of the investment project's operating period.
2. The investment registration authority shall terminate or partially terminate the operation of the investment project in the following cases:
a) The investment project falls under one of the circumstances specified in Clause 2 and Clause 3 of Article 47 of this Law, and the investor is unable to remedy the cessation conditions;
b) The investor is not allowed to continue using the investment location and does not complete the procedures for adjusting the investment location within six months from the date of disallowance to continue using the investment location, except in the case provided for in point d of this clause;
c) The investment project has ceased operations and the investment registration authority cannot contact the investor or the investor's authorized representative within twelve months from the date of cessation of operations;
d) The investment project is subject to land recovery due to non-use or delayed use of land as prescribed by laws on land;
đ) The investor does not deposit a guarantee or does not have a guarantee for the performance bond as prescribed by law for investment projects that require performance guarantees;
e) The investor conducts investment activities based on fictitious civil transactions as prescribed by civil laws;
g) Pursuant to court judgments, decisions, or arbitral awards.
3. For investment projects requiring approval of the investment proposal, the investment registration authority shall terminate the operation of the investment project after obtaining the opinion of the authority approving the investment proposal.
4. The investor shall liquidate the investment project according to the law on asset liquidation when the investment project terminates its operations, except in the case provided for in Clause 5 of this Article.
5. The handling of land use rights and assets attached to land upon termination of the investment project's operations shall be carried out in accordance with the provisions of laws on land and other relevant laws.
6. The investment registration authority shall decide to revoke the Certificate of Investment Registration in the case where the investment project terminates its operations as prescribed in Clause 2 of this Article, except in the case of partial termination of the project's operations.
7. The Government shall specify detailed procedures and formalities for terminating the operation of investment projects as prescribed in this Article.
Article 49. Establishment of Foreign Investor's Management Office in BCC Contracts
1. A foreign investor in a BCC contract may establish a management office in Vietnam to implement the contract. The location of the management office shall be decided by the foreign investor in the BCC contract based on the requirements of implementing the contract.
2. The management office of a foreign investor in a BCC contract shall have a seal; it may open bank accounts, recruit labor, sign contracts, and conduct business activities within the scope of rights and obligations stipulated in the BCC contract and the Certificate of Registration for Establishing the Management Office.
3. The foreign investor in a BCC contract shall submit an application for establishing a management office to the investment registration authority at the proposed location of the management office.
4. The application for establishing a management office shall include:
a) A document registering the establishment of the management office including: the name and address of the representative office in Vietnam (if any) of the foreign investor in the BCC contract; the name and address of the management office; the content, duration, and scope of activities of the management office; the full name, place of residence, identification card number, citizen identity card, or passport number of the head of the management office;
b) The decision of the foreign investor in the BCC contract regarding the establishment of the management office;
c) A copy of the decision appointing the head of the management office;
d) A copy of the BCC contract.
5. Within fifteen days from the date of receipt of the application as specified in Clause 4 of this Article, the investment registration authority shall issue a Certificate of Registration for Operating the Management Office to the foreign investor in the BCC contract.
Article 50. Termination of the operation of the management office of foreign investors in a BOT Contract
1. Within seven working days from the date of the decision to terminate the operation of the management office, the foreign investor shall submit a notification dossier to the investment registration authority where the management office is located.
2. The dossier for notifying the termination of the management office's operations includes:
a) Decision on terminating the operation of the management office in cases where the management office terminates its operations before the deadline;
b) List of creditors and amounts paid off;
c) List of employees and resolution of their rights and interests;
d) Confirmation from the tax authority regarding the completion of tax obligations;
đ) Confirmation from the social insurance agency regarding the completion of social insurance obligations;
e) Certificate of registration for the operation of the management office;
g) Copy of the Investment Registration Certificate;
h) Copy of the BOT Contract.
3. Within fifteen days from the date of receipt of the dossier stipulated in Clause 2 of this Article, the investment registration authority decides to revoke the Certificate of Registration for the Operation of the Management Office.
Chapter V
FOREIGN INVESTMENT ACTIVITIES
Section 1
GENERAL PROVISIONS
Article 51. Principles for Implementing Foreign Investment Activities
1. The State encourages foreign investment aimed at exploiting, developing, and expanding markets; increasing export capacity of goods and services, earning foreign currency; accessing modern technology, enhancing management capabilities, and supplementing resources for national socio-economic development.
2. Investors implementing foreign investment activities must comply with the provisions of this Law, other relevant laws, laws of the receiving country or territory (hereinafter referred to as the receiving country), and related international treaties; bear responsibility for the effectiveness of overseas investment activities.
Article 52. Forms of Foreign Investment
1. Investors implement foreign investment activities through the following forms:
a) Establishing economic organizations in accordance with the laws of the receiving country;
b) Investing under contract form abroad;
c) Contributing capital, purchasing shares, or purchasing equity stakes of economic organizations abroad to participate in managing those organizations;
d) Purchasing and selling securities, other negotiable instruments, or investing through foreign securities funds and other financial intermediaries;
đ) Other investment forms prescribed by the laws of the receiving country.
2. The Government shall provide detailed regulations on implementing the investment form prescribed in Point d Clause 1 of this Article.
Article 53. Prohibited Industries and Businesses for Foreign Investment
1. Industries and businesses prohibited from operating as prescribed in Article 6 of this Law and related international treaties.
2. Industries and businesses using technologies or products banned from export under laws on foreign trade management.
3. Industries and businesses prohibited from operating according to the laws of the receiving country.
Article 54. Conditional Industries and Businesses for Foreign Investment
1. Conditional industries and businesses for foreign investment include:
a) Banking;
b) Insurance;
c) Securities;
d) Press, radio, television;
đ) Real estate business.
2. Conditions for foreign investment in the industries and businesses prescribed in Clause 1 of this Article are stipulated in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, and international investment treaties to which the Socialist Republic of Vietnam is a member.
Article 55. Sources of Foreign Investment Capital
1. The investor shall be responsible for contributing capital and mobilizing various sources of capital to carry out investment activities abroad.
2. Borrowing foreign currency, transferring foreign currency investment capital must comply with conditions and procedures stipulated by laws on banking, credit institutions, and foreign exchange management.
3. Based on the monetary policy objectives and foreign exchange management policies during each period, the State Bank of Vietnam shall specify the organization of credit institutions and branches of foreign banks in Vietnam to lend foreign currency loans to investors according to Clause 2 of this Article to implement foreign investment activities.
Section 2
PROCEDURES FOR APPROVAL OF FOREIGN INVESTMENT POLICY AND DECISIONS ON FOREIGN INVESTMENT
Article 56. Authority to Approve Foreign Investment Policy
1. The National Assembly shall approve the policy of foreign investment for the following projects:
a) Projects with foreign investment capital of 20,000 billion VND or more;
b) Projects requiring special mechanisms and policies that need to be decided by the National Assembly.
2. Except for the projects specified in Clause 1 of this Article, the Prime Minister shall approve the policy of foreign investment for the following projects:
a) Projects in the banking, insurance, securities, press, radio, television, telecommunications sectors with foreign investment capital of 400 billion VND or more;
b) Projects not falling under the cases specified in point a of this clause with foreign investment capital of 800 billion VND or more.
3. Projects not falling under the cases specified in Clauses 1 and 2 of this Article do not require approval of the foreign investment policy.
Article 57. Documents, Procedures, and Formalities for Approval of Foreign Investment Policy by the National Assembly
1. The investor submits the project investment abroad application documents to the Ministry of Planning and Investment. The documents include:
a) Registration documents for foreign investment;
b) Documents regarding the legal status of the investor;
c) Project proposal including the main contents: form, objectives, scale, location of investment; preliminary determination of investment capital, capital mobilization plan, capital structure; project implementation schedule, investment phases (if any); preliminary analysis of the project's investment effectiveness;
d) Financial capability proof documents of the investor including at least one of the following: financial reports of the investor for the two most recent years; parent company's financial support commitment; financial organization's financial support commitment; guarantor's statement on the investor's financial capability; other documents proving the investor's financial capability;
đ) Commitment to self-balance foreign currency or a document committing to arrange foreign currency for the investor from a permitted financial institution;
e) Document of the ownership authority approving the investor to carry out foreign investment activities and internal review report on the enterprise's state-owned investment proposal abroad as stipulated in Clause 1 of Article 59 of this Law or decision on foreign investment as stipulated in Clause 2 of Article 59 of this Law;
g) For projects investing abroad in industries and professions specified in Clause 1 of Article 54 of this Law, the investor submits a document from the competent state agency regarding compliance with foreign investment conditions as prescribed by relevant laws (if applicable).
2. Within five working days from the date of receiving all documents, the Ministry of Planning and Investment shall submit to the Prime Minister for a decision to establish the National Appraisal Council.
3. Within ninety days from the date of establishment, the National Appraisal Council shall organize the appraisal and prepare the appraisal report to submit to the Government. The appraisal report includes the following contents:
a) Conditions for issuing the Certificate of Registration for Foreign Investment as stipulated in Article 60 of this Law;
b) Legal status of the investor;
c) Necessity of carrying out investment activities abroad;
d) Compliance of the investment project with the provisions of Clause 1 of Article 51 of this Law;
đ) Form, scale, location, and implementation schedule of the investment project, foreign investment capital, sources of capital;
e) Assessment of risk levels in the host country.
4. At least sixty days before the opening day of the National Assembly session, the Government shall send the application documents for approval of the foreign investment policy to the leading reviewing agency of the National Assembly.
5. Application documents for approval of the foreign investment policy include:
a) The proposal of the Government;
b) The dossier as prescribed in this Clause;
c) The State Appraisal Council's appraisal report;
d) Other related documents.
6. Content of the review of the application for approval of the foreign investment policy includes:
a) Compliance with the criteria for determining projects requiring the approval of the National Assembly's consent to the investment proposal;
b) Necessity of carrying out investment activities abroad;
c) Compliance of the investment project with the provisions of Clause 1 of Article 51 of this Law;
d) Form, scale, location, and implementation schedule of the investment project, foreign investment capital, sources of capital;
đ) Assessment of risk levels in the host country;
e) Special mechanisms, policies, incentives, and support for investment and conditions for application (if any).
7. The Government and related agencies, organizations, and individuals have the responsibility to provide full information and documents to serve the examination; explain issues related to the content of the investment project when requested by the leading agency responsible for examination of the National Assembly.
8. The National Assembly shall examine and adopt a resolution on approval of the foreign investment policy including the following contents:
a) Investor implementing the project;
b) Objectives, locations of investment;
c) Foreign investment capital, sources of foreign investment capital;
d) Special mechanisms, policies, incentives, and support for investment and conditions for application (if any).
9. The Government shall provide detailed regulations on the procedures and formalities for the National Appraisal Council to appraise the project investment abroad documents.
Article 58. Documents, Procedures, and Formalities for Approval of Investment Proposals Abroad by the Prime Minister
1. The project investment documents shall be prepared in accordance with Clause 1 of Article 57 of this Law.
2. The investor submits the project investment documents to the Ministry of Planning and Investment. Within three working days from the date of receipt of all documents, the Ministry of Planning and Investment forwards the documents to relevant state agencies for their comments.
3. Within fifteen days from the date of receipt of the documents, the agency providing comments shall issue written comments on matters within its management authority.
4. Within thirty days from the date of receipt of the documents, the Ministry of Planning and Investment shall organize the review and prepare a review report to submit to the Prime Minister. The review report shall include the contents prescribed in Clause 3 of Article 57 of this Law.
5. The Prime Minister shall consider and approve the investment proposal abroad in accordance with the provisions set out in Clause 8 of Article 57 of this Law.
Article 59. Decision on Investment Abroad
1. State-owned enterprises' decision to invest abroad shall be implemented in accordance with the laws on the management and use of state capital invested in production and business at enterprises and other relevant laws.
2. Investment activities abroad not falling under the cases prescribed in Clause 1 of this Article shall be decided by the investor in accordance with the Enterprise Law.
3. Investors and agencies deciding on investment abroad as prescribed in Clauses 1 and 2 of this Article shall be responsible for their decisions regarding investment abroad.
Section 3
PROCEDURES FOR ISSUANCE, AMENDMENT, AND TERMINATION OF EFFECTIVENESS OF THE CERTIFICATE OF INVESTMENT REGISTRATION ABROAD
Article 60. Conditions for Issuance of Certificate of Investment Registration Abroad
1. Investment activities abroad comply with the principles prescribed in Article 51 of this Law.
2. Not belonging to industries and businesses prohibited from investing abroad as prescribed in Article 53 of this Law and meeting the conditions for investment abroad for industries and businesses subject to conditions as prescribed in Article 54 of this Law.
3. The investor has committed to arranging foreign currency independently or has committed to arranging foreign currency for the implementation of investment activities abroad by permitted credit institutions.
4. There is a decision on investment abroad as prescribed in Article 59 of this Law.
5. There is a document from the tax authority confirming the investor's fulfillment of tax obligations. The confirmation date by the tax authority shall not exceed three months from the date of submission of the project investment documents.
Article 61. Procedures for Issuance of Certificate of Investment Registration Abroad
1. For projects requiring approval of investment proposals abroad, the Ministry of Planning and Investment shall issue the Certificate of Investment Registration Abroad to the investor within five working days from the date of receipt of the approval document for the investment proposal and the decision on investment abroad as prescribed in Article 59 of this Law.
2. For projects not falling under the cases prescribed in Clause 1 of this Article, the investor shall submit the application documents for issuance of the Certificate of Investment Registration Abroad to the Ministry of Planning and Investment. The documents shall include:
a) Registration documents for foreign investment;
b) Documents regarding the legal status of the investor;
c) The decision on investment abroad as prescribed in Article 59 of this Law;
d) A document committing to self-balancing foreign currency sources or a document committing to arranging foreign currency for the investor by a permitted credit institution as prescribed in Clause 3 of Article 60 of this Law;
đ) For projects investing abroad in industries and businesses prescribed in Clause 1 of Article 54 of this Law, the investor shall submit a document approving the fulfillment of investment abroad conditions by the competent state agency as prescribed in relevant laws (if applicable).
3. In cases where the equivalent amount of foreign currency transferred abroad is twenty billion dong or more, the Ministry of Planning and Investment shall seek written opinions from the State Bank of Vietnam.
4. Within fifteen days from the date of receipt of the documents as prescribed in Clause 2 of this Article, the Ministry of Planning and Investment shall issue the Certificate of Investment Registration Abroad; if refusing to issue the Certificate of Investment Registration Abroad, it must notify the investor in writing and specify the reasons.
5. The Government shall provide detailed regulations on procedures and formalities for reviewing investment projects abroad; issuing, amending, and terminating the effectiveness of the Certificate of Investment Registration Abroad.
Article 62. Contents of the Investment Registration Certificate for Overseas Investment
1. Project code.
2. Investor.
3. Name of investment project, name of foreign economic organization (if applicable).
4. Objectives, location of investment.
5. Form of investment, investment capital, sources of investment capital, form of investment capital, progress of overseas investment activities.
6. Rights and obligations of the investor.
7. Investment incentives and support (if applicable).
Article 63. Amendment of the Investment Registration Certificate for Overseas Investment
1. The investor shall carry out procedures to amend the Investment Registration Certificate for Overseas Investment in the following cases:
a) Change of Vietnamese investor.
b) Change of form of investment.
c) Change of overseas investment capital; sources of investment capital, form of investment capital.
d) Change of location for implementing investment activities for projects requiring a specific investment location.
đ) Change of main objectives of overseas investment activities.
e) Utilization of profits from overseas investments as prescribed in point a and point b, Clause 1, Article 67 of this Law.
2. The investor must update the National Information System on Investment when changing contents other than those prescribed in Clause 1 of this Article.
3. Documents for amending the Investment Registration Certificate for Overseas Investment include:
a) Request for amendment of the Investment Registration Certificate for Overseas Investment.
b) Documents regarding the legal status of the investor;
c) Report on the operation status of the investment project up to the date of submission of the amendment application for the Investment Registration Certificate for Overseas Investment.
d) Decision to amend overseas investment activities as prescribed in Article 59 of this Law or documents prescribed in point e, Clause 1, Article 57 of this Law.
đ) Copy of the Investment Registration Certificate for Overseas Investment.
e) Tax authority's document confirming the investor's tax payment obligation in case of increasing overseas investment capital. The confirmation date by the tax authority shall not exceed three months from the date of submission.
4. The Ministry of Planning and Investment shall amend the Investment Registration Certificate for Overseas Investment within fifteen days from the date of receipt of the documents prescribed in Clause 3 of this Article.
5. For investment projects subject to approval of investment orientation abroad, when amending the contents prescribed in Clause 1 of this Article and Clause 8, Article 57 of this Law, the Ministry of Planning and Investment shall complete the procedure for approving the adjustment of investment orientation abroad before amending the Investment Registration Certificate for Overseas Investment.
6. In case the request to amend the Investment Registration Certificate for Overseas Investment leads to the investment project being subject to approval of investment orientation abroad, the procedure for approving the investment orientation abroad must be completed before amending the Investment Registration Certificate for Overseas Investment.
7. The agency or person authorized to approve investment orientation abroad has the authority to approve the adjustment of investment orientation abroad. The agency or person authorized to decide on overseas investment has the authority to decide on the adjustment of the content of the decision on overseas investment.
8. In case the request to amend the investment project leads to the investment project falling under the jurisdiction of a higher level agency to approve investment orientation abroad, that level has the authority to approve the adjustment of investment orientation abroad.
Article 64. Termination of Effectiveness of the Certificate of Investment Registration for Overseas Investment
1. The Certificate of Investment Registration for Overseas Investment shall terminate its effectiveness in the following cases:
a) The investor decides to terminate the operation of the investment project;
b) Upon expiration of the project's operational period as prescribed by the laws of the host country;
c) In accordance with the conditions for terminating operations stipulated in the contract or company charter;
d) When the investor transfers all overseas investment capital to a foreign investor;
đ) If within twenty-four months from the date of issuance of the Certificate of Investment Registration for Overseas Investment, the investor does not implement or is unable to implement the investment project according to the registered progress with the competent state management agency and does not proceed with procedures to adjust the implementation schedule of the investment project;
e) When the economic organization abroad is dissolved or declared bankrupt as prescribed by the laws of the host country;
g) Pursuant to court judgments, decisions, or arbitral awards.
2. The investor is responsible for implementing procedures to terminate the operation of the overseas investment project in accordance with the laws of the host country and to terminate the effectiveness of the Certificate of Investment Registration for Overseas Investment.
3. The Ministry of Planning and Investment shall carry out the termination of the effectiveness of the Certificate of Investment Registration for Overseas Investment.
Section 4
IMPLEMENTATION OF OVERSEAS INVESTMENT ACTIVITIES
Article 65. Opening an Overseas Investment Capital Account
1. The investor shall open an overseas investment capital account at a credit institution permitted in Vietnam in accordance with the laws on foreign exchange management.
2. All transactions transferring funds from Vietnam to abroad and vice versa related to overseas investment activities must be conducted through the overseas investment capital account specified in Clause 1 of this Article in accordance with the laws on foreign exchange management.
Article 66. Transfer of Overseas Investment Capital
1. The investor may transfer overseas investment capital to implement investment activities when meeting the following conditions:
a) Having been issued the Certificate of Investment Registration for Overseas Investment, except in the case provided for in Clause 3 of this Article;
b) The investment activity has been approved or licensed by the competent authority of the host country. In cases where the laws of the host country do not provide for investment licensing or approval, the investor must have documentation proving the right to conduct investment activities in the host country;
c) Possessing a capital account as prescribed in Article 65 of this Law.
2. The transfer of overseas investment capital must comply with the provisions of the laws on foreign exchange management, export, technology transfer, and other relevant laws.
3. Investors are allowed to transfer foreign currency or goods, machinery, and equipment abroad to serve market survey, research, market exploration activities, and other preparatory investment activities as prescribed by the Government.
Article 67. Utilization of Profits Abroad
1. The investor may retain profits derived from overseas investments for reinvestment in the following cases:
a) Continuing to contribute capital to overseas investments in cases where the full registered capital has not yet been contributed;
b) Increasing overseas investment capital;
c) Implementing new overseas investment projects.
2. The investor shall follow the procedures to amend the Certificate of Investment Registration for Overseas Investment as prescribed in Article 63 of this Law for the cases specified in point a and point b of Clause 1 of this Article; and follow the procedures to obtain the Certificate of Investment Registration for Overseas Investment as prescribed in Article 61 of this Law for the case specified in point c of Clause 1 of this Article.
Article 68. Repatriation of Profits
1. Except for cases where profits are retained in accordance with the provisions of Article 67 of this Law, within six months from the date of receiving the final tax settlement report or other legally equivalent documents as prescribed by the laws of the host country, investors must repatriate all profits and other income derived from foreign investments to Vietnam.
2. If the investor fails to repatriate profits and other income to Vietnam within the time limit stipulated in Clause 1 of this Article, they must notify the Ministry of Planning and Investment and the State Bank of Vietnam in writing in advance. The deadline for repatriating profits can be extended up to twelve months from the expiration date specified in Clause 1 of this Article.
3. In case the investor fails to repatriate profits within the time limit stipulated in Clause 1 of this Article without prior notification, or if the extension period provided for in Clause 2 of this Article expires and the investor still has not repatriated profits, such actions shall be handled according to the relevant laws.
Chapter VI
STATE MANAGEMENT OF INVESTMENT
Article 69. State Management Responsibilities for Investment
1. The Government exercises unified state management over investment activities in Vietnam and overseas investments from Vietnam.
2. The Ministry of Planning and Investment assists the Government in exercising unified state management over investment activities in Vietnam and overseas investments from Vietnam, and performs the following duties and powers:
a) Submitting to the Government and the Prime Minister for approval strategies, plans, and policies on investment in Vietnam and overseas investments from Vietnam;
b) Issuing or submitting to competent authorities for issuance normative legal documents on investment in Vietnam and overseas investments from Vietnam;
c) Issuing forms for implementing investment procedures in Vietnam and overseas investments from Vietnam;
d) Directing, disseminating, organizing implementation, monitoring, inspecting, and evaluating compliance with normative legal documents on investment;
đ) Developing and submitting to competent authorities for issuance mechanisms to resolve difficulties faced by investors and prevent disputes between the State and investors;
e) Summarizing, evaluating, and reporting on the situation of investment in Vietnam and overseas investments from Vietnam;
g) Building, managing, and operating the National Information System on Investment and the National Database on Investment;
h) Issuing, adjusting, and terminating the validity of Certificates of Investment Registration Abroad;
i) State management of industrial zones, export processing zones, and economic zones;
k) State management of investment promotion and coordination of investment promotion activities in Vietnam and abroad;
l) Inspecting, auditing, supervising, evaluating investment activities, and coordinating state management of investment activities within their authority;
m) Negotiating and signing international treaties related to investment within their authority;
n) Other state management responsibilities regarding investment as assigned by the Government and the Prime Minister.
3. Ministries and ministerial-level agencies, within their respective duties and powers, are responsible for coordinating with the Ministry of Planning and Investment to perform state management responsibilities for investment activities in Vietnam and overseas investments from Vietnam, including:
a) Cooperating with the Ministry of Planning and Investment and other ministries and ministerial-level agencies in drafting laws and policies related to investment;
b) Leading and cooperating with other ministries and ministerial-level agencies in drafting and issuing laws, policies, technical standards, and guidelines for implementation;
c) Submitting to the Government for issuance within their authority conditions for business investment in industries and professions as stipulated in Article 7 of this Law;
d) Leading and cooperating with the Ministry of Planning and Investment in developing planning, programs, and project lists to attract investment capital in their sectors; organizing promotional activities for sector-specific investment;
đ) Participating in the review of investment projects under the approval of investment orientation as prescribed by this Law and being responsible for the content of the review within their functions and tasks;
e) Supervising, evaluating, and conducting specialized inspections on compliance with investment conditions and state management of investment projects within their authority;
g) Leading and cooperating with provincial People's Committees and other ministries and ministerial-level agencies to resolve difficulties and obstacles in investment projects within their management scope; guiding the delegation of authority to industrial park management boards, export processing zone management boards, high-tech park management boards, and economic zone management boards to manage state affairs within these zones;
h) Regularly assessing the economic and social effectiveness of investment projects within their management scope and reporting to the Ministry of Planning and Investment;
i) Providing information related to building the national database on investment; maintaining and updating the information management system for their assigned fields and integrating it into the National Information System on Investment.
4. Provincial People's Committees and investment registration agencies, within their respective duties and powers, are responsible for performing state management responsibilities for investment activities in Vietnam and overseas investments from Vietnam, including:
a) Cooperating with ministries and ministerial-level agencies to establish and publish lists of investment projects attracting investment at the local level;
b) Leading or participating in the review of investment projects under the approval of investment orientation as prescribed by this Law and being responsible for the content of the review within their functions and tasks; leading the implementation of procedures for issuing, adjusting, and revoking Certificates of Investment Registration;
c) Performing state management functions for investment projects at the local level;
d) Resolving difficulties and obstacles faced by investors within their authority or referring them to higher authorities for resolution;
đ) Regularly assessing the effectiveness of investment activities in their jurisdiction and reporting to the Ministry of Planning and Investment;
e) Providing information related to building the national database on investment; maintaining and updating the National Information System on Investment;
g) Directing the organization, supervision, and evaluation of the implementation of investment reporting systems.
5. Overseas representative offices of Vietnam are responsible for monitoring, supporting investment activities, and protecting the legitimate rights and interests of Vietnamese investors in the host countries.
1. Activities of supervision and evaluation of investment include:
a) Supervision and evaluation of investment projects;
b) Overall supervision and evaluation of investment.
2. Responsibilities for supervision and evaluation of investment include:
a) State management agencies on investment and specialized state management agencies shall carry out overall supervision and evaluation of investment and supervision and evaluation of investment projects within their jurisdiction;
b) Investment registration agencies shall supervise and evaluate investment projects within their authority to issue Investment Registration Certificates.
3. Contents of supervision and evaluation of investment projects include:
a) For investment projects using state capital for business investment, state management agencies on investment and specialized state management agencies shall supervise and evaluate investment projects according to the contents and criteria approved in the investment decision;
b) For investment projects using other sources of capital, state management agencies on investment and specialized state management agencies shall supervise and evaluate the objectives, suitability of the investment project with the planning and investment policies approved by competent authorities, progress, implementation of environmental protection requirements, technology, land use, and other resources in accordance with the law;
c) Investment registration agencies shall supervise and evaluate the contents stipulated in the Investment Registration Certificate and the approval of the investment policy.
4. Contents of overall supervision and evaluation of investment include:
a) Issuance of detailed regulations and guidance documents; implementation of laws on investment;
b) Implementation status of investment projects;
c) Evaluation of national investment results, Ministries, ministerial-level agencies, and localities, investment projects according to the division of authority;
d) Recommendations to the same-level state management agencies and higher-level state management agencies on investment regarding the evaluation results and measures to address difficulties and violations of investment laws.
5. Agencies and organizations conducting evaluations shall either conduct them themselves or hire experts and consulting organizations that meet the required conditions and capabilities to evaluate investments.
6. The Government shall provide detailed regulations for this Article.
Article 71. National Information System on Investment
1. The national information system on investment includes:
a) The national information system on domestic investment;
b) The national information system on foreign investment in Vietnam;
c) The national information system on Vietnamese investment abroad;
d) The national information system on investment promotion;
đ) The national information system on industrial zones and economic zones.
2. The Ministry of Planning and Investment shall take the lead and coordinate with relevant agencies to build and operate the national information system on investment; establish a national database on investment; assess the operation of the system by central and local state management agencies on investment.
3. State management agencies on investment and investors have the responsibility to update all relevant information promptly, accurately into the national information system on investment.
4. Information about investment projects stored in the national information system on investment has legal value as original information about the investment project.
Article 72. Reporting System for Investment Activities in Vietnam
1. Entities subject to the reporting system include:
a) Ministries, ministerial-level agencies, provincial People's Committees;
b) Investment registration agencies;
c) Investors and economic organizations implementing investment projects in accordance with this Law.
2. The periodic reporting system is implemented as follows:
a) Quarterly and annually, investors and economic organizations implementing investment projects report to the investment registration agency and statistical agencies in the locality on the implementation of investment projects, including the following contents: actual investment capital, results of investment business activities, labor information, state budget payments, investment in research and development, environmental treatment and protection, specialized indicators according to the field of activity;
b) Quarterly and annually, investment registration agencies report to the Ministry of Planning and Investment and provincial People's Committees on the situation of receiving, issuing, adjusting, and recovering Investment Registration Certificates, the operation status of investment projects under their management;
c) Quarterly and annually, provincial People's Committees compile and report to the Ministry of Planning and Investment on the investment situation in their locality;
d) Quarterly and annually, Ministries and ministerial-level agencies report on the issuance, adjustment, recovery of Investment Registration Certificates or other documents with equivalent legal value under their management (if any); report on investment activities related to their management scope and send to the Ministry of Planning and Investment for compilation and reporting to the Prime Minister;
đ) Annually, the Ministry of Planning and Investment reports to the Prime Minister on the national investment situation and evaluates the implementation of the investment reporting system by agencies specified in Clause 1 of this Article.
3. Agencies, investors, and economic organizations shall submit reports in writing and through the national information system on investment.
4. Agencies, investors, and economic organizations specified in Clause 1 of this Article shall submit ad hoc reports when requested by authorized state agencies.
5. For investment projects not requiring an Investment Registration Certificate, investors shall report to the investment registration agency before implementing the investment project.
Article 73. Reporting System for Overseas Investment Activities
1. The entities implementing the reporting system include:
a) Ministries and ministerial-level agencies responsible for managing overseas investment activities in accordance with the law, and state capital representative bodies at enterprises;
b) Investors implementing overseas investment projects in accordance with this Law.
2. The reporting system for the subjects specified in point a Clause 1 of this Article shall be implemented as follows:
a) Annually, they must report on the management situation of overseas investment activities within their functions and tasks to the Ministry of Planning and Investment for consolidation and reporting to the Prime Minister;
b) Annually, the Ministry of Planning and Investment reports to the Prime Minister on the situation of overseas investment.
3. The reporting system for investors shall be implemented as follows:
a) Within sixty days from the date the investment project is approved or licensed in accordance with the laws of the receiving country, the investor must submit a written notice regarding the implementation of overseas investment activities along with a copy of the approval document for the investment project or documentation proving the right to conduct investment activities in the receiving country to the Ministry of Planning and Investment, the State Bank of Vietnam, and the Vietnamese representative agency in the receiving country;
b) Quarterly and annually, the investor must submit reports on the operation status of the investment project to the Ministry of Planning and Investment, the State Bank of Vietnam, and the Vietnamese representative agency in the receiving country;
c) Within six months from the date of the final tax report or equivalent legal document according to the laws of the receiving country, the investor must report on the operation status of the investment project along with financial statements, final tax reports, or equivalent legal documents according to the laws of the receiving country to the Ministry of Planning and Investment, the State Bank of Vietnam, the Ministry of Finance, the Vietnamese representative agency in the receiving country, and relevant state management agencies as stipulated by this Law and other related laws;
d) For overseas investment projects using state capital, in addition to implementing the reporting system prescribed in points a, b, and c of this clause, the investor must also implement the investment reporting system in accordance with the laws governing the management and use of state capital invested in production and business operations at enterprises.
4. Reports prescribed in Clauses 2 and 3 of this Article shall be submitted in writing and through the National Information System on Investment.
5. Agencies and investors specified in Clause 1 of this Article shall submit ad hoc reports upon request of competent state agencies when there are requirements related to state management work or issues arising concerning the investment project.
Article 74. Investment Promotion Activities
1. The Government directs the development and implementation of policies and orientations for investment promotion aimed at promoting and facilitating investment activities by industry, region, and suitable partners in line with economic and social development strategies, plans, and goals during each period; ensuring the implementation of regional and inter-sectoral investment promotion programs that are linked to trade promotion and tourism promotion.
2. The Ministry of Planning and Investment develops and implements plans and the National Investment Promotion Program; coordinates inter-regional and inter-provincial investment promotion activities; monitors, supervises, and evaluates the effectiveness of investment promotion nationwide.
3. Ministries, ministerial-level agencies, and provincial People's Committees, within their respective functions and authorities, develop and implement plans and programs for investment promotion in sectors and areas under their management in line with economic and social development strategies, plans, and the National Investment Promotion Program.
4. Funding for the development and implementation of investment promotion programs shall be allocated from the state budget and other legitimate sources.
5. The Government shall provide detailed regulations on this matter.
Chapter VII
IMPLEMENTING PROVISIONS
Article 75. Amending and supplementing certain articles of relevant laws related to business investment
1. Amending and supplementing certain articles of the Law on Housing No. 65/2014/QH13 which has been amended and supplemented by Law No. 40/2019/QH14 as follows:
a) Amending and supplementing Clause 2 of Article 21 as follows:
"2. Having a deposit guarantee fund or bank guarantee regarding the obligation to provide a deposit for each project in accordance with the law on investment.";
b) Amending and supplementing Point c Clause 2 of Article 22 as follows:
"c) Approving investors in accordance with the Investment Law. In cases where there are multiple approved investors, the determination of the investor in charge shall be carried out in accordance with the Construction Law. The Government shall specify details on this point.";
"1. Having lawful rights to use residential land and other types of land that have been permitted by competent state agencies to change their purpose to residential land.";
d) Sửa đổi, bổ sung khoản 2 Điều 170 như sau:
"2. Đối với dự án xây dựng nhà ở khác thuộc diện chấp thuận chủ trương đầu tư theo quy định của Luật Đầu tư thì thực hiện theo quy định của Luật Đầu tư.";
đ) Sửa đổi, bổ sung khoản 7 Điều 175 như sau:
"7. Tổ chức đào tạo, bồi dưỡng chuyên môn, nghiệp vụ về phát triển và quản lý nhà ở; quy định việc cấp giấy chứng nhận hoàn thành khóa đào tạo về quản lý vận hành nhà chung cư; quy định và công nhận việc phân hạng nhà chung cư.";
e) Bãi bỏ khoản 3 Điều 22 và Điều 171.
2. Sửa đổi, bổ sung một số điều của Luật Kinh doanh bất động sản số 66/2014/QH13 như sau:
a) Sửa đổi, bổ sung khoản 1 Điều 10 như sau:
"1. Tổ chức, cá nhân kinh doanh bất động sản phải thành lập doanh nghiệp hoặc hợp tác xã (sau đây gọi chung là doanh nghiệp), trừ trường hợp quy định tại khoản 2 Điều này.";
b) Sửa đổi, bổ sung Điều 50 như sau:
"Điều 50. Thẩm quyền cho phép chuyển nhượng toàn bộ hoặc một phần dự án bất động sản1. Đối với dự án bất động sản được chấp thuận nhà đầu tư hoặc được cấp Giấy chứng nhận đăng ký đầu tư theo quy định của Luật Đầu tư, thẩm quyền, thủ tục chuyển nhượng toàn bộ hoặc một phần dự án thực hiện theo quy định của Luật Đầu tư.2. Đối với dự án bất động sản không thuộc trường hợp quy định tại khoản 1 Điều này, thẩm quyền cho phép chuyển nhượng toàn bộ hoặc một phần dự án bất động sản thực hiện như sau:
a) Ủy ban nhân dân tỉnh, thành phố trực thuộc trung ương (sau đây gọi là Ủy ban nhân dân cấp tỉnh) quyết định cho phép chuyển nhượng toàn bộ hoặc một phần dự án bất động sản đối với dự án do Ủy ban nhân dân cấp tỉnh quyết định việc đầu tư;
b)Thủ tướng Chính phủ quyết định cho phép chuyển nhượng toàn bộ hoặc một phần dự án bất động sản đối với dự án do Thủ tướng Chính phủ quyết định việc đầu tư.";
c) Bổ sung đoạn mở đầu vào trước khoản 1 Điều 51 như sau:
"Thủ tục chuyển nhượng toàn bộ hoặc một phần dự án bất động sản quy định tại khoản 2 Điều 50 của Luật này thực hiện như sau:".
3. Sửa đổi, bổ sung một số điểm của khoản 2 Điều 25 của Luật Bảo vệ môi trường số 55/2014/QH13 đã được sửa đổi, bổ sung một số điều theo Luật số 35/2018/QH14 và Luật số 39/2019/QH14 như sau:
a) Sửa đổi, bổ sung điểm a khoản 2 Điều 25 như sau:
"a) Đối với các đối tượng quy định tại Điều 18 của Luật này, cấp có thẩm quyền căn cứ đánh giá sơ bộ tác động môi trường để chấp thuận chủ trương đầu tư; nhà đầu tư chỉ được thực hiện dự án sau khi báo cáo đánh giá tác động môi trường được phê duyệt.
Đối với dự án đầu tư công, cấp có thẩm quyền căn cứ đánh giá sơ bộ tác động môi trường để quyết định chủ trương đầu tư; căn cứ đánh giá tác động môi trường để quyết định đầu tư đối với các đối tượng quy định tại Điều 18 của Luật này. Chính phủ quy định chi tiết đối tượng, nội dung đánh giá sơ bộ tác động môi trường;";
b) Sửa đổi, bổ sung điểm đ khoản 2 Điều 25 như sau:
"đ) Đối với dự án không thuộc đối tượng quy định tại các điểm a, b, c và d khoản này, cấp có thẩm quyền căn cứ đánh giá sơ bộ tác động môi trường để cấp Giấy chứng nhận đăng ký đầu tư, trừ trường hợp cấp Giấy chứng nhận đăng ký đầu tư theo yêu cầu của nhà đầu tư; nhà đầu tư chỉ được thực hiện dự án sau khi báo cáo đánh giá tác động môi trường được phê duyệt.".
4. Sửa đổi, bổ sung một số điều của Luật Thuế thu nhập doanh nghiệp số 14/2008/QH12 đã được sửa đổi, bổ sung một số điều theo Luật số 32/2013/QH13 và Luật số 71/2014/QH13 như sau:
a) Bổ sung khoản 5a vào sau khoản 5 Điều 13 như sau:
"5a. Đối với các dự án đầu tư quy định tại khoản 2 Điều 20 của Luật Đầu tư, Thủ tướng Chính phủ quyết định áp dụng thuế suất ưu đãi giảm không quá 50% so với thuế suất ưu đãi quy định tại khoản 1 Điều này; thời gian áp dụng thuế suất ưu đãi không quá 1,5 lần so với thời gian áp dụng thuế suất ưu đãi quy định tại khoản 1 Điều này và được kéo dài thêm không quá 15 năm và không vượt quá thời hạn của dự án đầu tư.";
b) Bổ sung khoản 1a vào sau khoản 1 Điều 14 như sau:
"1a. Đối với các dự án đầu tư quy định tại khoản 2 Điều 20 của Luật Đầu tư, Thủ tướng Chính phủ quyết định áp dụng miễn thuế tối đa không quá 06 năm và giảm 50% số thuế phải nộp tối đa không quá 13 năm tiếp theo.";
5. Sửa đổi, bổ sung một số điều của Luật Điện ảnh số 62/2006/QH11 đã được sửa đổi, bổ sung một số điều theo Luật số 31/2009/QH12 và Luật số 35/2018/QH14 như sau:
a) Bãi bỏ Điều 14, Điều 15 và khoản 3 Điều 30;
b) Bỏ số "14" và dấu "," ngay sau số "14" tại Điều 55.
6. Bãi bỏ Điều 10 và điểm a khoản 2 Điều 43 của Luật Quy hoạch đô thị số 30/2009/QH12 đã được sửa đổi, bổ sung một số điều theo Luật số 77/2015/QH13, Luật số 35/2018/QH14 và Luật số 40/2019/QH14.
Điều 76. Điều khoản thi hành
1. Luật này có hiệu lực thi hành từ ngày 01 tháng 01 năm 2021, trừ quy định tại khoản 2 Điều này.
2. Quy định tại khoản 3 Điều 75 của Luật này có hiệu lực thi hành từ ngày 01 tháng 9 năm 2020.
3. Luật Đầu tư số 67/2014/QH14 đã được sửa đổi, bổ sung một số điều theo Luật số 90/2015/QH13, Luật số 03/2016/QH14, Luật số 04/2017/QH14, Luật số 28/2018/QH14 và Luật số 42/2019/QH14 hết hiệu lực kể từ ngày Luật này có hiệu lực thi hành, trừ Điều 75 của Luật Đầu tư số 67/2014/QH14.
4. Cá nhân là công dân Việt Nam được sử dụng số định danh cá nhân thay thế cho bản sao Giấy chứng minh nhân dân, thẻ Căn cước công dân, Hộ chiếu và các giấy tờ chứng thực cá nhân khác khi thực hiện thủ tục hành chính quy định tại Luật Đầu tư và Luật Doanh nghiệp trong trường hợp cơ sở dữ liệu quốc gia về dân cư kết nối với cơ sở dữ liệu quốc gia về đăng ký đầu tư, đăng ký doanh nghiệp.
5. Trường hợp văn bản quy phạm pháp luật dẫn chiếu đến quy định về quyết định phê duyệt dự án, quyết định chủ trương đầu tư theo quy định của Luật Đầu tư thì thực hiện theo quy định về chấp thuận chủ trương đầu tư theo quy định của Luật này.
Điều 77. Quy định chuyển tiếp
1. Nhà đầu tư đã được cấp Giấy phép đầu tư, Giấy chứng nhận ưu đãi đầu tư, Giấy chứng nhận đầu tư, Giấy chứng nhận đăng ký đầu tư trước ngày Luật này có hiệu lực thi hành được thực hiện dự án đầu tư theo Giấy phép đầu tư, Giấy chứng nhận ưu đãi đầu tư, Giấy chứng nhận đầu tư, Giấy chứng nhận đăng ký đầu tư đã được cấp.
2. Nhà đầu tư không phải thực hiện thủ tục chấp thuận chủ trương đầu tư theo quy định tại Luật này đối với dự án đầu tư thuộc một trong các trường hợp sau đây:
a) Nhà đầu tư được cơ quan nhà nước có thẩm quyền quyết định chủ trương đầu tư, chấp thuận chủ trương đầu tư hoặc chấp thuận đầu tư theo quy định pháp luật về đầu tư, nhà ở, đô thị và xây dựng trước ngày Luật này có hiệu lực thi hành;
b) Dự án đầu tư không thuộc diện chấp thuận chủ trương đầu tư, quyết định chủ trương đầu tư, chấp thuận đầu tư, cấp Giấy chứng nhận đăng ký đầu tư theo quy định của pháp luật về đầu tư, nhà ở, đô thị, xây dựng và nhà đầu tư đã triển khai thực hiện dự án đầu tư theo quy định của pháp luật trước ngày Luật này có hiệu lực thi hành;
c) Nhà đầu tư đã trúng đấu thầu lựa chọn nhà đầu tư, trúng đấu giá quyền sử dụng đất trước ngày Luật này có hiệu lực thi hành;
d) Dự án được cấp Giấy chứng nhận ưu đãi đầu tư, Giấy phép đầu tư, Giấy chứng nhận đầu tư, Giấy chứng nhận đăng ký đầu tư trước ngày Luật này có hiệu lực thi hành.
4. Dự án đầu tư đã thực hiện hoặc được chấp thuận, cho phép thực hiện theo quy định của pháp luật trước ngày 01 tháng 7 năm 2015 mà thuộc diện bảo đảm thực hiện dự án đầu tư theo quy định của Luật này thì không phải ký quỹ hoặc bảo lãnh ngân hàng về nghĩa vụ ký quỹ. Trường hợp nhà đầu tư điều chỉnh mục tiêu, tiến độ thực hiện dự án đầu tư, chuyển mục đích sử dụng đất sau khi Luật này có hiệu lực thì phải thực hiện ký quỹ hoặc phải có bảo lãnh ngân hàng về nghĩa vụ ký quỹ theo quy định của Luật này.
5. Hợp đồng cung cấp dịch vụ đòi nợ ký kết trước ngày Luật này có hiệu lực thi hành chấm dứt hiệu lực kể từ ngày Luật này có hiệu lực thi hành; các bên tham gia hợp đồng được thực hiện các hoạt động để thanh lý hợp đồng cung cấp dịch vụ đòi nợ theo quy định của pháp luật về dân sự và quy định khác của pháp luật có liên quan.
6. Tổ chức kinh tế có vốn đầu tư nước ngoài được áp dụng điều kiện tiếp cận thị trường thuận lợi hơn điều kiện quy định tại Danh mục ban hành theo quy định tại Điều 9 của Luật này thì được tiếp tục áp dụng điều kiện theo quy định tại Giấy chứng nhận đăng ký đầu tư đã được cấp.
7. Quy định tại khoản 3 Điều 44 của Luật này áp dụng đối với cả các dự án đầu tư được bàn giao đất trước ngày Luật này có hiệu lực thi hành và các dự án đầu tư chưa được bàn giao đất.
8. Trường hợp pháp luật quy định thành phần hồ sơ thực hiện thủ tục hành chính phải có Giấy chứng nhận đăng ký đầu tư, văn bản chấp thuận chủ trương đầu tư, nhưng dự án đầu tư không thuộc trường hợp cấp Giấy chứng nhận đăng ký đầu tư, chấp thuận chủ trương đầu tư theo quy định của Luật này thì nhà đầu tư không phải nộp Giấy chứng nhận đăng ký đầu tư, văn bản chấp thuận chủ trương đầu tư.
9. Đối với địa phương gặp khó khăn trong bố trí quỹ đất phát triển nhà ở, công trình dịch vụ, tiện ích công cộng cho người lao động làm việc trong khu công nghiệp, cơ quan nhà nước có thẩm quyền được điều chỉnh quy hoạch xây dựng khu công nghiệp (đối với các khu công nghiệp thành lập trước ngày 01 tháng 7 năm 2014) để dành một phần diện tích đất phát triển nhà ở, công trình dịch vụ, tiện ích công cộng cho người lao động làm việc trong khu công nghiệp.
Phần diện tích đất phát triển nhà ở, công trình dịch vụ, tiện ích công cộng cho người lao động làm việc trong khu công nghiệp sau khi điều chỉnh quy hoạch phải nằm ngoài phạm vi ranh giới địa lý của khu công nghiệp và bảo đảm khoảng cách an toàn môi trường theo quy định của pháp luật về xây dựng và quy định khác của pháp luật có liên quan.
10. Việc chuyển tiếp đối với hoạt động đầu tư ra nước ngoài thực hiện theo quy định sau đây:
a) Quy định về thời hạn hoạt động của dự án đầu tư ra nước ngoài tại Giấy phép, Giấy chứng nhận đầu tư ra nước ngoài đã được cấp trước ngày 01 tháng 7 năm 2015 thì hết hiệu lực;
b) Nhà đầu tư được cấp Giấy phép, Giấy chứng nhận đầu tư ra nước ngoài, Giấy chứng nhận đăng ký đầu tư ra nước ngoài để thực hiện đầu tư ra nước ngoài thuộc ngành, nghề đầu tư ra nước ngoài có điều kiện theo quy định của Luật này thì được tiếp tục thực hiện theo Giấy phép, Giấy chứng nhận đầu tư ra nước ngoài, Giấy chứng nhận đăng ký đầu tư ra nước ngoài đã được cấp.
11. Kể từ ngày Luật này có hiệu lực thi hành, hồ sơ hợp lệ đã tiếp nhận và quá thời hạn giải quyết nhưng chưa trả kết quả theo quy định của Luật Đầu tư số 67/2014/QH13 đã được sửa đổi, bổ sung một số điều theo Luật số 90/2015/QH13, Luật số 03/2016/QH14, Luật số 04/2017/QH14, Luật số 28/2018/QH14 và Luật số 42/2019/QH14 thì tiếp tục áp dụng theo quy định của Luật Đầu tư số 67/2014/QH13 đã được sửa đổi, bổ sung một số điều theo Luật số 90/2015/QH13, Luật số 03/2016/QH14, Luật số 04/2017/QH14, Luật số 28/2018/QH14 và Luật số 42/2019/QH14.
12. Chính phủ quy định chi tiết Điều này.
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