The Decree 118/2015/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On Investment

Original Language Title: Nghị định 118/2015/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Đầu tư

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The DECREE detailing and guiding the implementation of some articles of the law on investment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on investment on November 26, 2014;
Pursuant to the law of business on November 26, 2014;
Considering the recommendation of the Minister of planning and investment, the Government issued a decree detailing and guiding the implementation of some articles of the law on investment.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree detailing and guiding the implementation of some articles of the law on investment on the application, control, announced the investment and business conditions; measures to ensure investment; investment incentives; investment procedures; Active implementation of investment projects and state management for investment activities.
2. This Decree shall apply to investors and authorized State agencies, organizations, individuals related to investment and business activity.
Article 2. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. Valid copy is the copy from the original or a copy of Windows is attested from the originals by the Agency, the competent organization or copy have been collated with the originals or prints from the national database for cases of original information is stored on the basis of national data about population, registered businesses and investment.
2. a schedule of specific commitments on trade in services of Vietnam in the WTO (hereinafter referred to as "Vietnam's commitments in the WTO") is the digital document WT/ACC/48/Add. 2 October 2006 working on the Vietnam's WTO entry, including the common commitment section, the specific commitments for the industry the service industry, and the list of exceptions on the dark hue.
3. National Information Portal on foreign investments is an electronic portal that is used to perform the procedure, adjust investment registration certificate; posted and updated legal texts, policy, investment conditions for foreign investors; updates and information about investment promotion activities, the situation of foreign investment in Vietnam.
4. national database on foreign investment data is a collection of information about foreign invested projects all over the country are hosting, managed in the national information system on foreign investment.
5. The Agency applied investment incentive is the competent State agencies apply for tax incentives, preferential land and other incentives under the provisions of the law.
6. investment conditions for foreign investors is the condition that foreign investors must meet when performing investment activities in the fields of investment conditions for foreign investors in accordance with the laws, ordinances, decrees, international treaties on investments. Investment conditions for foreign investors to apply for the investment activities of foreign investors in one of the following cases: a) the established investment organizations;
b) investment in the form of capital contribution, purchase of shares, shares in economic organizations;
c) investment in the form of business cooperation contract;
d) assignee investment projects or cases of receiving other investment projects;
DD) modified, additional investment lines of business organizations have invested abroad.
7. business investment conditions are conditions that individuals, organizations must meet the provisions of laws and ordinances, decrees and international treaties on investment when implementing investment activities, trading in the lines of the provisions in annex 4 investment law.
8. International treaties on investments is the Convention that the State or the Government of the Socialist Republic of Vietnam signed or joined in that defined the rights and obligations of the State or the Government of the Socialist Republic of Vietnam for investment activities of investors in the country or territory is a member of the Convention that , including: a) the Protocol to join the agreement establishing the World Trade Organization (WTO) of the State of the Socialist Republic of Vietnam was signed on 7 November 2006;
b) The bilateral agreements on the encouragement and protection of investment;
c) free trade agreements and agreements on economic integration in other areas;
d) other international treaties regulating the rights and obligations of the State or the Government of the Socialist Republic of Vietnam related to investment activities.
9. the national information system on foreign investment information system is used to perform the procedure, adjust and recover the investment registration certificate; send, receive, store, display or perform other services for data to serve state management of foreign investment. National information system on foreign investment include: national portal on foreign investment, a national database on foreign investment, a national database on investment promotion and technical infrastructure systems.
10. registered investment profile is the profile due to the investor to make the procedure level, tuning, recovery of registration certificates, investment decisions undertakings investing and other procedures to perform investment activities under the provisions of the investment law and the decrees.
11. the valid profile is the profile has enough components, the number of papers under the provisions of investment law, this Decree and the content of the papers that are full declaration as stipulated by law.
12. Investment Law is Act No. 67/2014/QH13 is the National Assembly of the Socialist Republic of Vietnam adopted on November 26, 2014.
13. the 2005 investment law is Act No. 59/2005/QH11 was the National Assembly of the Socialist Republic of Vietnam passed on 29 November 2005.
14. Industry, the service industry has not yet committed to the provisions of subdivision, Expression in Vietnam's WTO commitments and international treaties on investments that the State of the Socialist Republic of Vietnam was right to rule or not regulated investment or conditions not open branches , that service industry for foreign investors.
15. The investment of the project is the capital contributed by investors and by investors to mobilize capital for investment projects to be recorded in writing decisions undertakings investment, registry certificate investing.
16. The countryside is the area of administrative boundaries do not include the area of the ward in the town, city and County of the city.
Article 3. Business investment guarantees in case of change of the law 1. In the case of writing new laws by the competent State authorities issued a decree changing the investment incentives are applicable to investors before the text that in effect, investors are guaranteed preferential investment made under the provisions of article 13 the law on investment.
2. guaranteed investment incentives as stipulated in paragraph 1 of this article is the incentives that investors are entitled to under the provisions of law in force before the new law takes effect, including: a) investment incentives are stipulated in the investment license , Business license, preferential investment certificates, investment certificates, registered investment certificates, writing decisions undertakings investment or other documents of the competent State agencies;
b) investment incentives that investors are entitled to under the provisions of the law in cases not specified in point a of this paragraph.
3. When required to apply measures to ensure investment under the provisions of paragraph 4 to article 13 of law on investment, investors sent the text proposed for the registry of investments attached investment license, business license, preferential investment certificates, investment certificates , Registered investment certificates, writing decisions undertakings investment or other documents of the competent State agencies have regulations on investment incentive (if there is one of the types of documents). Suggested text includes the following: a) the name and address of the investor;
b) investment incentives as stipulated in law before the time of writing new laws in force include: the type of incentives, perks conditions, preferential rates (if available);
c) text content of the new law has changed the rules of investment incentives specified in point b of this Paragraph;
d) Investor's proposal of applying measures to ensure investment incentives provisions in clause 4 Article 13 investment law.
4. registered investment agency decided to adopt measures to ensure the proposed investment incentives of investors within 30 days of receiving a valid profile as specified in paragraph 3 of this article. Case of exceeding authority, registration authority to invest the State Agency has the authority to review the decision.
Article 4. The language used in the registration records of investments 1. Investment registration documents, texts, reports of the competent State bodies are made of Vietnamese.
2. where the registered investment records have documented in a foreign language, then investors must have valid Vietnamese translation attached documents in a foreign language.
3. The case papers, documents in the registration records of investments made by foreign and Vietnamese, Vietnamese are used to perform the procedure.
4. responsible investors in case of differences between the content of the translation or copy with original and in case there is no difference between a Vietnamese with a foreign language.
Article 5. The code project 1. The code project is a 10 digit number, which is automatically created by the national information system on foreign investment and are recorded in the certificate of registration of the investment.
2. Every project to be given a unique code, do not change during the operation of the project and not be available for other projects. The code project discontinued when projects end.
3. for projects carried out under the certificate of the investment, the investment license or the papers of other equivalent value, the code project is the number of investment certificates, investment or of other equivalent documents already issued to investment projects. The case of the investment license, certificate of investment or other equivalent documents are adjusted, the investment project is the new code level as defined in paragraph 1 of this article.
4. the competent State agencies use unified code project to manage and exchange information on investment projects.
Article 6. The principle of implementation of investment procedure

1. When receiving the registration records of investments and settlement procedures relating to investment activities, investment registration authority responsible for checking the validity of the registered investment profile. The investor is responsible before the law regarding the legality, accuracy, integrity of the registered investment profile and the text send the competent State bodies.
2. Registry unsolicited investment investors filed more papers other than the papers in the registration documents of investment under the provisions of this Decree and investment Law.
3. When asked to amend and supplement the registration record investment, registry of investment reported 1 times in writing to investors about the entire content of the need to revise, Supplement for each of a set of records. The notice must specify the requirement to modify, Supplement and the reason for requesting amendments, additions.
4. In the process of implementation of the administrative procedure on investment, the Agency was responsible for opinions about the content was retrieved comments within the time limit prescribed in this Decree and investment Law; so the time limit stipulated that no opinion shall be deemed to have agreed with the content of investment projects in the scope of his management.
5. the competent State authorities have a responsibility to inform in writing to investors and stating the reason in case of refusal to grant, modify the decision advocates the investment, registry certificate investing and the administrative procedures of other investments as defined in the Investment Law and the decrees.
6. registered investment agency and the State Administration does not resolve disputes between investors and investors with disputes between organizations and individuals involved in the process of investing activities.
Article 7. Handling of incorrect records, fake 1. The case uncovered the information declared in the registration documents of investment, registry of investments requires investors to redo records to level again, adjust investment registration certificate within 5 working days from receipt of valid records of investors.
2. When determining investors behaving fake profile content, document-level, adjust the certificate of registration of the investment, the investment registry informed of violations of investor and cancel the certificate of registration of the investment in the case of registered investment certificates are first-level or cancel the changes in content Certificate of registration of the investment is recorded on the basis of spurious information and restore the registration of investment certificates are issued on the basis of the nearest valid records, at the same time inform the competent State agencies to process according to the provisions of the law.
3. The investor responsible for the damages arising from acts declared incorrect information, fake profile, content materials.
Chapter II INVESTMENT and BUSINESS lines section 1 IMPLEMENTING RULES on PROHIBITED INVESTMENT lines of BUSINESS and INVESTMENT lines of BUSINESS CONDITIONS article 8. Implementing rules on prohibited investment lines of business 1. The Organization, the individual is not done business investment activities in the lines of the provisions of article 6 and appendices 1, 2 and 3 of the law on investment.
2. The production, the use of products specified in appendices 1, 2 and 3 of the law on investment in analysis, testing, scientific research, medical, pharmaceutical production, criminal investigation, defend Defense Security, perform the following: a) The drugs prescribed in Appendix 1 of the investment law was the State Agency has the authority to allow the production of , used under the provisions of the Government on the list of drugs, precursors and unified Convention on combating drugs of 1961, the 1988 United Nations Convention on the fight against illegal trafficking of drugs and psychotropic substances;
b) types of chemicals, minerals defined in Appendix 2 of the investment law is the competent State agencies to allow production, using the Government's regulations on the management of chemicals in the control of the Convention on the prohibition of the development, production, Stockpiling, use and destruction of chemical weapons and the Hague Conventions Guide text on procedure to the agreement have prior notification for certain hazardous chemicals and plant protection drugs in international trade;
c) Model plant species, wildlife specified in Appendix 3 of the investment law is the competent State agencies allow exploitation of government regulations on the management of forest plants, endangered forest animals, precious, rare and the Convention on international trade in endangered species , wild, endangered (CITES).
Article 9. Implementing rules on investment lines of business conditions and business investment conditions 1. Personal, economic organization is authorized to do business in the investment business lines have the conditions specified in annex 4 investment law since meet the eligibility and be sure to meet the conditions that in the process of investment and business activities.
2. business investment conditions are applied according to one or several of the following forms: a) the license;
b) certificate of eligibility;
c) practice;
d) certified professional liability insurance;
confirmation text);
e) other text forms as prescribed by the law are not specified at points a, b, c, d and DD this paragraph;
g) the conditions under which individuals, organizations must meet to perform investment activities of business that does not need to be validated, approved text forms defined in Points a, b, c, d, e and e clause.
3. all individuals, the organization meets the conditions of business investment has the right to be granted the specified text at points a, b, c, d, e and e clause 2 of this Article (hereafter referred to as the license) or is entitled to make investment and trading activities when it meets the conditions specified in point 2 of this Paragraph g. In case of refusal to grant, renew, modify, supplement the license, the competent State agencies must notify in writing to the individual, organization and stating the reasons for refusal.
4. In the process of implementation of the administrative procedure to be licensed or to make the conditions specified in point g item 2 of this enterprise, not write business lines conditional in the business registration certificate.
Article 10. Implementing rules on investment conditions for foreign investors to 1. Investment conditions for foreign investors, as defined in paragraph 6 to article 2 of this Decree are: a) conditions on capital ownership of a foreign investor in economic organizations;
b) conditions of forms of investment;
c) conditions on the scope of investment activities;
d) conditions of Vietnam partners participated in investment activities;
DD) other conditions as stipulated in the laws, ordinances, decrees and international treaties on investments.
2. apply principles of investment conditions for foreign investors: a) foreign investors make investment activities in the different fields to meet the entire investment conditions for those lines;
b) foreign investors subject to application of the international treaties on investment have different rules about the chosen investment conditions apply investment conditions specified in one of the treaties; the case has a selection of international treaties, the foreign investors make the right and obligations under international treaties;
c) for the industry, the service industry has not committed or not specified in the Schedule of commitments in Vietnam and WTO treaties on other investments which Vietnam has laws and regulations on investment conditions for foreign investors, shall apply the provisions of the law of Vietnam;
d) foreign investors in the territory are not WTO members make investment activities in Vietnam are applied investment conditions as prescribed for investors in the country, the WTO member territory, except where the law and international treaties between Vietnam and countries , which has other provisions;
DD) for the industry, the service industry has not committed or not specified in the Schedule of commitments in Vietnam and WTO treaties on other investments that Vietnam does not yet have legal provisions on investment conditions for foreign investors, the investment register retrieved comments Ministry of planning and investment and the Ministry of industry management to consider the decision;
e) where foreign investors have been allowed to make investment in the industry, the service industry specified in point this Account and the DD subdivision of this service has been announced on the national portal on foreign investment as defined in article 13 of this Decree Investment register, review, decide investment activities of foreign investors in the same lines without taking the opinion of The management of the industry.
Article 11. Apply the conditions and procedure for the investors in Vietnam at the same time citizens have foreign nationality 1. With regard to the investment made in Vietnam, is Vietnam's investors at the same time foreign nationals are choosing to apply investment conditions and procedure as prescribed for domestic investors or foreign investors.
2. In the case of selection apply conditions and procedure as prescribed for domestic investors, the investor as defined in Paragraph 1 of this article cannot be made to the rights and obligations prescribed for foreign investors.
Section 2 CONTROL and ANNOUNCED INVESTMENT of BUSINESS CONDITIONS and INVESTMENT CONDITIONS for FOREIGN INVESTORS, article 12. Announced business investment conditions 1. The Ministry of planning and investment to host, in cooperation with the ministries, ministerial agencies scrutinize, gather business investment conditions for publication on the portal of national business registration.
2. business investment conditions are published according to the provisions in clause 1 of this article include the following content: a) investment lines of business condition as stipulated in annex 4 of investment Law;
b) apply base investment conditions for the business lines defined in point a of this Paragraph;
c) conditions that individuals, organizations must meet to perform business investment activities as defined in paragraph 2 article 9 of this Decree.

3. In the case of business investment conditions change according to the provisions of the law, Decree, Ordinance, the content of the provisions in paragraph 2 of this Article are updated according to the following procedure: a) within 5 working days from the date of the law, Ordinance, Decree is issued The Ministry, ministerial-level agencies submit texts to the Ministry of planning and investment recommendations updated business investment conditions on the national portal of business registration;
b) during 3 working days from the date of the proposal of the Ministry, ministerial-level agencies, Ministry of planning and investment in updated business investment conditions or updated content changes on business investment conditions on the national portal on business registration.
Article 13. Announced investment conditions for foreign investors to 1. The Ministry of planning and investment to host, in cooperation with the ministries, ministerial agencies scrutinize, set the scope and investment conditions for foreign investors in accordance with the laws, ordinances, decrees, international treaties on investment and industry, service industry specified in point e item 2 article 10 of this Decree to announce on national information Portal about foreign investment.
2. investment conditions for foreign investors to be published as stipulated in paragraph 1 of this article include the following content: a) the scope of investment conditions for foreign investors;
b) apply base investment conditions for foreign investors;
c) content of investment conditions for foreign investors, as defined in item 1 article 10 of this Decree;
d) sectors, the service industry specified in point e item 2 article 10 of this Decree.
3. The provisions in paragraph 2 of this Article is updated in the following circumstances: a) the investment conditions for foreign investors, the change in accordance with the laws, ordinances, decrees and international treaties on investment;
b) industry, the service industry specified in point e item 2 article 10 of this Decree shall be adjusted according to the results of reviewing the provisions in clause 1 of this article.
4. The content is updated in the cases prescribed in paragraph 3 of this article are published on the national portal on foreign investment under the procedure defined in paragraph 3 article 12 of this Decree.
Article 14. Proposed amendments, additional investment lines of business conditions and business investment conditions 1. The base conditions for socio-economic development, governance requirements in each period and international treaties on investment, ministerial bodies, the Government proposed amendments, additional lines of business investment condition or conditions of business investment.
2. In addition to the content in accordance with the law on issuing legal documents, proposed amendments, additional lines of business investment condition or conditions of business investments include the following content: a) investment lines of business have the condition or conditions expected business investment to modify Supplement;
b) analysis of the necessity, the purpose of the amendments, additional lines of business investment is conditional or business investment conditions in accordance with the provisions of paragraph 1, 3 and 4 Article 7 investment law;
c) base modification, additional lines of business investment condition or conditions of investment and business objects have to comply;
d) reviews the reasonableness, feasibility of the amendments, additional lines of business investment condition or conditions of business investment and conformity with international treaties on investment;
DD) reviews the impact of the amendments, additional lines of business investment condition or conditions of business investment for State management and investment business of the objects must comply with.
3. Ministries, ministerial agencies take the opinion of the Ministry of planning and investment on the proposed rules in paragraph 2 of this Article in the process of evaluation, approved the proposal of building laws and ordinances, decrees in accordance with the law on issuing legal text.
Article 15. Reviewing, assessing the implementation of regulation on investment lines of business condition 1. Every year and at the request of his Manager, Ministry, ministerial-level agencies responsible for review, reviews the implementation of the regulations on investment lines of business conditions and the conditions of business investment in the range of its management functions.
2. your content, reviews: a) reviews the implementation of the provisions of the law on investment lines of business conditions and the conditions of business investment in the Department's management functions, ministerial authority valid until the time of the review, reviews;
b) reviews the effect, the effective implementation of the rules on investment lines of business conditions and business investment conditions; problems arise in the implementation process;
c) reviews changes in socio-economic terms, technical, technology, industry, management request fields and other conditions affecting the implementation of the regulations on investment lines of business conditions and business investment conditions (if any);
d) petitions to modify, additional regulations on investment lines of business conditions and business investment conditions (if any).
3. Ministries, ministerial agencies submitted proposals under the content prescribed in clause 2 of this Thing for the Ministry of planning and investment to the General, the Prime Minister's report.
Chapter III INVESTMENT SUPPORT and INCENTIVES section 1 article 16 INVESTMENT INCENTIVES. Object and principles apply to investment incentives 1. Beneficiaries of investment incentives as stipulated in paragraph 2 article 15 and article 16 investment law include: a) investment projects in the fields of investment incentives or special lines of investment incentives as stipulated in annex I of this Decree;
b) investment projects in geographical socio-economic difficulties or geographical socio-economic conditions particularly difficult as stipulated in annex II of this Decree;
c) investment projects capitalized from 6,000 billion or more, make a minimum of 6,000 billion disbursed within a period of 3 years from the date of the certification or registration as from the date of the decision advocates the investment for the project is not implemented the procedure of certification of registered investment;
d) investment projects in rural areas using labour 500 words or more (not including labor do not work full time and contract labour under 12 months);
high technology business), business, science and technology, scientific and technological organizations under the provisions of the law of high technology and the law on Science and technology.
2. apply principles of investment incentives: a) projects specified in point c of Paragraph 1 of this article are entitled to investment incentives as prescribed for investment projects in geographical socio-economic conditions particularly difficult;
b) projects specified in point d of Paragraph 1 of this article are entitled to investment incentives as prescribed for investment projects in geographical socio-economic conditions are difficult;
c) investment projects in the fields of investment incentives taken in geographical socio-economic difficulties were entitled to investment incentives as prescribed for investment projects in geographical socio-economic conditions particularly difficult;
d) investment projects meet eligibility to the different investment incentives are applied to the highest preference level;
DD) enterprise income tax incentives for investment projects in industrial zones, export processing zones specified in section 55 Appendix II of this decree made under the provisions of the law on enterprise income tax;
e) incentive of land according to the area of industrial zones, export processing zones specified in section 55 Appendix II of this Decree do not apply to investment projects in industrial zones, export processing zones in the District of the municipality of special type, municipality type I centrally and the municipality in the category I.
Article 17. The procedure applied investment incentive 1. Investment incentive certificates in registered investment, writing decisions undertakings investment include the following content: a) the objects and conditions affecting investment incentives as stipulated in article 16 of this Decree;
b) apply base investment incentives under the provisions of tax legislation and the law of the land.
2. for projects in an certificate of registered investments or investment undertakings, decisions investors content base investment incentive provisions in the investment registration certificate or written decisions undertakings investing to enjoy investment incentives. The base applied investment incentive for enterprises of science and technology is the certificate of the enterprise of science and technology.
3. for non-investment projects in the case prescribed in clause 2 of this Thing, object-based investors enjoy investment incentives provisions in clause 1 article 16 of this Decree, the provisions of the relevant legislation in order to identify investment and incentives make investment perks procedures at the Agency applied investment incentive.
4. Investment incentive is adjusted in the following cases: a) investment project case meet the conditions to enjoy more incentives for investment, the investor is entitled to investment incentives for remaining time;
b) investors do not enjoy preferential treatment under the provisions of the certificate of registration of the investment, the text advocates the investment decision in the case of investment projects do not meet the conditions to enjoy investment incentives provisions of the certificate of registration of the investment, the investment policy decisions. The case for investment projects that meet eligibility other investment incentives, the investors enjoy the incentives under the condition that;
c) where projects have the time do not meet the eligibility of investment incentives, the investor is not entitled to investment incentives for the time does not meet the eligibility of investment incentives.
5. new economic institutions established or implemented investment projects from the conversion of the type of economic organization, convert, split, split, merger, consolidation, transfer project to be inheriting the investment incentives of investment projects before the switch, split, split, merge , consolidation, transfer.
Section 2 INVESTMENT SUPPORT for industrial parks, EXPORT PROCESSING ZONES, HI-TECH ZONE, economic zones Article 18. Support the construction of infrastructure of industrial zones, export processing zones

1. scope, object, principles, criteria, norms assist the investment from the central budget to build infrastructures of industrial zones, export processing zones in geographical socio-economic conditions of difficulty or geographical socio-economic conditions particularly difficult to follow the target program of infrastructure investment in industrial zones approved in each stage.
2. provincial people's Committee balanced local budget resources to assist investors in the development of the technical infrastructure within and outside industrial zones and export processing zones.
Article 19. Support the development of technical infrastructure, social infrastructure, economic zones and high-tech zones 1. The State budget was assigned to support the following activities: a) investment in development of infrastructure systems engineering, social infrastructure in the area of high technology; investment in the development of technical infrastructure, social infrastructure and public service buildings important in the economic area;
b) compensation, clearance, demining, explosive materials in high-tech area, the functional areas in the economic area;
c) compensation, clearance, construction of infrastructure and social infrastructure housing for workers and resettlement, resettlement for the broth recovered ground in the economic zones, high-tech zones;
d) investment in the construction of solid waste and waste water treatment systems to focus the environmental standard of the high-tech area, the functional areas in the economy.
2. In addition to the forms of assistance provided for in Paragraph 1 of this article, the high-tech zones enjoying the other support policies of investment in development of infrastructure systems engineering pursuant to the laws of high-tech zones.
3. The Prime Minister decided the housing development policies in the area of high technology.
Article 20. Investment structural system technical infrastructure of industrial zones, export processing zones 1. Investment trading system technical infrastructure of industrial zones, export processing zones and must match the detailed planning for the construction of industrial zones, export processing zones have been approved by the authority.
2. With respect to the geographical socio-economic difficulties, based on specific local conditions, the provincial people's Committee, the Prime Minister decided to form or delivered to the business units have currency investors make investment projects of construction and infrastructure business industrial engineering export processing zones.
Chapter IV PERFORM INVESTMENT ACTIVITIES section 1 GENERAL PROVISIONS on INVESTMENT PROJECTS article 21. Responsible disclosure and provision of information on investment project 1. Registered investment agency, State Agency on planning, resources and the environment and the other State Agency is responsible for full disclosure, public planning, portfolio investment under the provisions of the law.
2. where the investors are required to provide information on the planning, portfolio investments and other information related to the project, the Agency specified in clause 1 of this article are responsible for providing information according to the authority for investors within 5 working days from the date of the proposed text of the investors.
3. The investor has the right to use the information as specified in paragraph 1 and Paragraph 2 of this Article to set the registration record investment.
Article 22. Order project 1. Depending on the nature, size and condition of each project, project to be implemented by one or more of the following procedures: a) investment policy decision, the certificate of registration under the investment provisions of the investment law and decrees;
b) established the economic organizations under the provisions of article 44 of this Decree for foreign investors to invest in the form of economic organization;
c) performed the procedure, leaving the ground, land rental, lease back the land, allowing the transfer of land use under the provisions of the law of the land (if available);
d) performed the procedure on building under the provisions of the law on construction (if any).
2. Investors hit by auctions of land use right or hit the bidding projects have made land use projects as defined respectively in the approval decision text results to hit auction, approved text selection results to investors and to the provisions of the law on investment construction, and related laws which do not have to perform the procedure to decide the investment policy.
Article 23. Perform the procedure on national information system on foreign investment 1. Before you perform the procedure level, adjust investment registration certificate, declaration online investor information about investment projects on the national information system on foreign investment. Within 15 days from the date of online records Declaration, investors filing level, adjust investment registration certificate for registered investment agency.
2. after the registry receiving investment profile, investors are granted the access account of national information systems on foreign investment to follow up the situation of handling of records.
3. The registry use the national information system on foreign investment to receive, handle, charged the results registered investment profile, update their profiles and processing code for the project.
4. In the case of the national information system on foreign investment are having trouble accessing the investment registry, certificate of registration of the investment according to the backup process such as the following: a) the registry receiving investment records suggest the certification register investment by a paper and suggested the Ministry of planning and investment granted the code for investment project. Within 2 working days of receiving the Agency's recommendation sign investment, Ministry of planning and investment granted the project code and notify the registry of investments;
b) within 5 working days from the date the certificate of registration granted under the investment process, investment registration updated with information about investment projects in the national information system on foreign investment.
Article 24. Coordination mechanisms to resolve investment procedures and registration of enterprises of foreign investors 1. In addition to the certification procedures of registration of investment and business registration procedures as defined in the Investment Law, this Decree and business legislation, foreign investors have the right to perform this procedure at a clue the following sequence: a) the investor investment registration filing and registration documents established businesses in the registry investment;
b) within 7 working days from the date of receiving the record, the registry submitted investment profile register established businesses for business registration agency;
c) within 2 working days of receipt of the registration records to establish the business, the business registration agency to consider the validity of the profile and the announcement suggested the investment register;
d) in the case of the requirement to adjust or supplement registration documents or the registration records established businesses, investment Register Notice 12 times about the entire content is not valid for investors within 5 working days from the date of receiving the record;
DD) registration base of investment profiles and register established businesses already receiving investment registration and business registration agency is responsible for coordinating the handling of records and paid results to investors in the investment registry.
2. Ministry of planning and investment guide and implement the procedures specified in paragraph 1 of this article and the other procedure that requires coordination between the registry and the investment business registration agency.
Article 25. The procedure of obtaining the opinion of investment project appraisal in an investment policy decisions 1. In the process of appraising investment projects to decide the investment policy, the Ministry of planning and investment and the investment register opinions of the competent State bodies for the content project in the scope of the Agency's management. Writing opinions to determine the content of the opinion recommendation as defined in paragraph 3 article 30 of this Decree and the time limit for the reply according to the provisions of the investment law and the decrees.
2. the competent State bodies do not review the content has been the competent State organs to another evaluation, approved earlier.
3. for projects scheduled to perform at the venue with no planning or not planning in the State Agency has the authority to approve the investment register, opinions of the State Agency on planning for submission to the competent State agencies to decide the investment policy.
4. for investment projects of foreign investors in land use, communes, wards Island, coastal, border town in jurisdiction to decide the people's Committee of provincial investment register, opinions of relevant authorities according to the provisions of the law of the land in the process of implementing procedures to decide the investment policy except for investment projects implementation in industrial zones, export processing zones, hi-tech zone, economic zones consistent with the master plan has been approved by the authority.
Article 26. Responsible for implementing investment projects 1. In the process of implementing the project, the investor is responsible for compliance with the provisions of the law on investment, construction, environmental protection, land, labor and provisions of relevant laws.
2. for projects carried out under the certificate of registration of the investment, the text advocates the investment decision, investors are responsible for implementing investment projects in accordance with the content specified in the certificate of registration of the investment, the text advocates the investment decision and the provisions of relevant laws.
3. The investor is responsible for implementing the reporting regime under the investment provisions of the investment law, this Decree and relevant laws; provide the texts, documents and information relevant to the content check, inspection and monitoring investment activities to the competent State agencies as prescribed by law.
Article 27. Ensure the implementation of the investment project 1. Investors must deposit in the case of State land, land rental, allow the transfer of the land use purpose to implement investment projects, except in the following cases:

a) investors hit by auctions of land use to implement investment projects by the State land charge land use, land rental revenues land lease once for all time;
b) hit investors bidding for investment projects that use the land under the provisions of the law of tenders;
c) investor is State land, land rental on the basis of receipt of transfer investment projects have made the escrow or has completed the capital contribution, mobilization of capital according to the schedule specified in the certificate of registration of the investment, the investment policy decisions;
d) investor is State land, land rental to implement investment projects on the basis of the assignee the right to use the land, the property associated with the land of the other land uses;
DD) investors is business units have currency, companies and high-tech development zones established by decisions of competent State agencies implement projects of State land, the ground lease for infrastructure development of industrial zones, export processing zones, high-tech zones , the function in the economic zone.
2. The signing of the Foundation as stipulated in paragraph 1 of this article are taken on the basis of a written agreement between the registry of investment and investors after the project was decided to investment undertakings but must advance the time of delivery of the land, land rental, allow the transfer of the land use purpose; for non-investment projects in an investment policy decision, the escrow time is the time of the land leased, allowing the transfer of the land use purpose.
3. Margin was calculated as the percentage on capital investment projects stipulated in writing decisions undertakings investment or registered investment certificates according to the principle of progressive sections as follows: a) for the capital to 300 billion, 3% margin;
b) for the part of capital on 300 billion to 1,000 billion, margin is 2%;
c) for over 1,000 billion stake, the margin is 1%.
4. Capital projects as defined in paragraph 3 of this article do not include money the land use, land lease, filed for the State and the cost of construction of the public works Department of the investment project. For the project to be State land, land rental in each stage, the margin is calculated according to the investment of the project corresponding to each stage of land allocation, land rental.
5. Deposit was lodged on account of the registry open investment in commercial banks in Vietnam according to the choice of the investor. Investors bear the costs related to the opening, maintaining escrow accounts and perform transactions related to the escrow account.
6. Investors are reducing funds in the following cases: a) Reducing 25% of funds for investment projects in the fields of investment incentives; investment projects in geographical socio-economic conditions are difficult; implementation of investment projects in industrial zones, export processing zones, including the construction of investment projects, business infrastructures of industrial zones, export processing zones;
b) 50% reduced deposit amount for investment projects in the fields of special investment incentives; investment projects in geographical socio-economic conditions particularly difficult; investment projects in the fields of investment incentives taken in geographical socio-economic conditions are difficult; investment projects implemented in the area of high technology, the economy, including construction investment projects, business infrastructure and high-tech zone, the economic zone.
7. Investors have advance clearance, resettlement was postponed service margin corresponding to the amount of clearance, resettlement has advance.
8. Investors are repaid funds according to the following principles: a) reimburse 50% of the amount deposited at the time of the complete investor communication procedures of land, land rental, allowing transfer of the land use purpose and be granted the licenses, other approvals under the provisions of the law to perform construction activities (if any) not later than the schedule specified in the certificate of registration of investment or the text of decision investment undertakings;
b) reimburse the amount deposited remains and interest arising from the escrow account (if any) at the time of the investor company completed construction and installation of machinery and equipment to active investment project not later than the schedule specified in the certificate of registration of the investment or the text of decision investment undertakings;
c) reduced cases of project investment, the investor is repaid the amount of the corresponding deposit with capital investment rising as specified in the certificate of registration of investments (adjusted) or text adjustment decisions undertakings investment;
d) cases investment projects may not continue for reasons of force majeure or due to the fault of the competent State organs in the process of implementation of the administrative procedure, investors are considering to refund funds under the agreement with the registry.
9. Deposit filed into State budget except in the cases specified in clause 8 of this Article.
10. where the tuning project to alter the conditions of the escrow, the registry of investment and investors agreed to adjust the margin as defined in this article.
Section 2 PROCEDURES for DECISIONS UNDERTAKINGS investment, REGISTRY CERTIFICATE INVESTING Article 28. The receiving authority, level, adjust and recover the investment registration certificate 1. The Department of planning and investment, the reception level, adjusted, revoke the certificate of registration of the investment for the following investment projects: a) investment projects outside industrial zones, export processing zones, hi-tech zone, the economic zone;
b) investment projects in infrastructure development of industrial zones, export processing zones, high-tech zones and investment projects in industrial zones, export processing zones, high-tech zones in the locality has not established the management of industrial zones, export processing zones and high-tech zones.
2. Management of industrial zones, export processing zones, high-tech zones and economic zones receive level, tuning, recovery registered investment certificates for investment projects in industrial zones, export processing zones, hi-tech zone, the economic zone, including: a) project to develop the industrial infrastructure export processing zones, high-tech zones;
b) investment projects implemented in industrial zones, export processing zones, hi-tech zone, the economic zone.
3. The Department of planning and investment where investors put or expected headquartered or operating Office to implement investment projects that receive, grant, adjustment, recovery of registered investment certificates for the following investment projects: a) the implementation of investment projects in several provinces , central cities;
b) investment projects implemented simultaneously in and outside industrial zones, export processing zones, high-tech zones and economic zones.
4. the bodies specified in the paragraph 1, 2 and 3 of this article is the competent State agencies regulate and license investment recovery, preferential investment certificates, investment certificates or other documents of legal value equivalent has issued to investors before the investment law are enforceable.
Article 29. The procedure of registration certificates for investment projects of decision not investment undertakings 1. Investors filed 11 record investment registration as prescribed in clause 1 Article 33 investment law for the registration of investment agency.
2. investment project for deployed operations, investors filing prescribed in paragraph 1 of this article in which the proposed investment project was replaced by the report the implementation of investment projects from time to time the deployment recommended certification of registered investments.
3. The registry certificate investing investment registration for investors within 15 days of receiving a valid profile as specified in paragraph 1 of this article if it meets the following conditions: a) the goal of the project is not forbidden lines in the investment business;
b) project to meet investment conditions for foreign investors, as defined in item 1 article 10 of this Decree (if available).
Article 30. The procedure of registration certificates for investment projects of decision authority investment undertakings of provincial people Committee 1. Investment projects under the investment policy decision of provincial people's committees are regulated in article 32 the Investment Law.
2. Investors submit 4 sets of registration documents of investment under the provisions of paragraph 1 to article 33 investment law for the registration of investment where the expected investment projects.
3. The registry of investment valuation opinions of competent State agencies for the content project in the scope of management of the Agency, including: a) the conformity of the project with the overall planning of social-economic development, industry development planning and land use planning;
b) land use needs in terms of land, land rental, allowing the transfer of the land use purpose (for the assigned projects, land rents, allowing transfer of the land use purpose);
c) investment conditions for foreign investors (for targeted projects in the fields of investment conditions for overseas investors);
d) investment incentives and conditions affecting investment incentive (for projects subject to enjoy investment incentives);
DD) technology used in the project (for project use technology transfer restrictions under the provisions of the law on transfer of technology provisions in Article 32 paragraph 1 point b investment law).
4. The order procedure, content decisions undertakings investment of provincial people's committees to follow the provisions in paragraphs 2, 3, 4, 5, 6, 7 and 8 Article 33 investment law.
5. within 25 days of receiving a valid profile as specified in paragraph 2 of this article, the registry reports investment appraisal process provincial people's Committee. Within 7 working days from the date of the valuation report, the provincial people's Committee of review, the decision of investment undertakings.
6. within 10 working days of receiving a written investment policy decision of the provincial people's Committee, the investment registration certificate of registration of the investment to the investor.

7. With regard to investment projects by the State land, land rental, not through auctions, tenders, the assignee the right to use the land or assets attached to land, investment project that requires the transfer of the land use purpose stipulated in art. 32 Investment Law Thing done in an industrial export processing zones, hi-tech zone, economic zones consistent with the master plan has been approved, the authorized registry of investment valuation opinions as specified in paragraph 3 of this article to grant certificates of registration of the investment to the investor within 25 days of receiving a valid profile that is not the provincial people's Committee decision plan investment policy.
Article 31. The procedure of registration certificates for investment projects in the authority to decide the investment policy of the Prime Minister 1. Investment project in the jurisdiction to decide the investment policy of the Prime Minister is regulated in article 31 of the law on investment.
2. Investors submit 8 sets of registered investment profile as specified in clause 1 Article 34 investment law for the registration of investment where the expected investment projects.
3. within 3 working days from receipt of valid records according to the provisions in paragraph 2 of this article, the registry sent the 2nd investment profile for the Ministry of planning and investment, at the same time send to the competent State agencies concerning projects to get comments on the content of the provisions in paragraph 3 article 30 the Decree This time.
4. Within 15 days of receiving the recommendation of the investment registry, the Agency specified in Clause 3 of this opinion on the contents in the range of his governance send investment register and the Ministry of planning and investment.
5. within 25 days of receiving a valid profile as specified in paragraph 2 of this article, the registry of investment process of provincial people's committees to review, comments sent the Ministry of planning and investment on the following contents: a) the land use needs in terms of land land rental, and allow the transfer of land use under the provisions of the law of the land (for the assigned projects, land rents, allowing transfer of the land use purpose);
b) approach clearance, immigration, relocation (if any) for the proposed investment projects, land rental, allow the transfer of the land use purpose;
c) other content under the authority of the provincial people's Committee (if any).
6. within 15 days of receipt of the opinion of the provincial people's Committee, the Ministry of planning and investment appraisals reports include the content of the provisions in Paragraph 6 Article 33 investment law to the prime investment policy decisions.
7. within 7 working days from the date of the valuation report of the Ministry of planning and investment, the Prime Minister decided to investment undertakings include the content prescribed in clause 33 Investment Law Article 8. The text of decision investment undertakings are submitted to the Ministry of planning and investment, the provincial people's Committee and the investment registry.
8. within 10 working days from the date of the writing decisions undertakings investing investment registry, certificate of registration of the investment to the investor.
9. With regard to investment projects in the investment scale from 5,000 billion and over prescribed in clause 2 article 31 investment law consistent with the master plan has been approved, the authorized registration authority investment opinions of the Ministry of planning and investment and the relevant agency as defined in paragraph 3 article 30 of this Decree to implement procedures certificate of registration of the investment according to the following rules: a) for investment projects in the areas defined in paragraph 1 and paragraph 3 Article 28 of this Decree, within 5 working days of receipt of the opinion of the Ministry of planning and investment and the relevant agencies, the investment registry reporting the evaluation process of the provincial people's Committee decisions investment account. Within 5 working days from the date of the valuation report of the registry of investment, the provincial people's Committee decision of investment undertakings. Within 5 working days of receiving a written investment policy decision of the provincial people's Committee, the investment registration certificate of registration of the investment to the investor;
b) for investment projects stipulated in item 2 Article 28 of this Decree, within 5 working days of receipt of the opinion of the Ministry of planning and investment and the relevant agency, management of industrial zones, export processing zones, hi-tech economic zones, certificates of registration of investment for investors.
Article 32. Decision procedure of investment undertakings with respect to the project are not in an certificate of registered investments 1. The decision of investment undertakings with respect to the project are not in an certificate of registration of the investment made by the corresponding provisions of article 30 and article 31 of this Decree.
2. for projects of State land, land rental, not through auctions, tenders, the assignee the right to use the land or assets attached to land, investment project that requires the transfer of the land use purpose stipulated in art. 32 Investment Law Thing done in an industrial export processing zones, hi-tech zone, economic zones consistent with the master plan has been approved, the authorized management of industrial zones, export processing zones, hi-tech zone, the economic zone evaluation opinions prescribed in paragraph 3 article 30 of this Decree to decide the investment policy.
3. for projects of investment scale from 5,000 billion and over prescribed in clause 2 article 31 investment law consistent with the master plan has been approved, the authorized registry of investment valuation opinions of the Ministry of planning and investment and the competent State organs as defined in paragraph 3 article 30 of this Decree to the decision of investment undertakings as defined below: a) for investment projects in the areas defined in paragraph 1 and paragraph 3 Article 28 of this Decree, within 5 working days of receipt of the opinion of the Ministry of planning and investment and the relevant agencies, the investment registry reporting the evaluation process of the provincial people's Committee decided early advocates investment. The provincial people's Committee decisions undertakings investing within 5 working days from the date of the valuation report of the registry. The text of decision investment advocates sent the Ministry of planning and investment, registry of investment and investors;
b) for investment projects stipulated in item 2 Article 28 of this Decree, within 5 working days of receipt of the opinion of the Ministry of planning and investment and the relevant agency, management of industrial zones, export processing zones, hi-tech zone, the economic zone review investment policy decisions. The text of decision investment advocates sent the Ministry of planning and investment and investors.
Section 3 PROCEDURE for ADJUSTMENT of PLEASANT INVESTMENT REGISTRATION CERTIFICATE, the decision of INVESTMENT UNDERTAKINGS Article 33. Procedure to adjust the registration certificate for the investment projects of decision not investment undertakings 1. The case changed the project name investment, investor's address or change the name of the investor, the investor filed a written proposal to adjust projects for investment registration accompanied by documents related to the change of name, address of the investor or the investment project. Investment register adjusts the registration of investment certificates to investors within 3 working days of receiving a written proposal to adjust the registration of investment certificates.
2. where the adjust the location of the project investment, land use; the goal, the scale of investment projects; the investment of the project, the progress of capital contribution and the mobilization of resources; the duration of operation of the project; the progress of implementation of investment projects; incentives, investment support (if any) and the conditions for the investors of the project investment (if any), investors filed 11 record for investment, registry include: a) text recommended to adjust investment projects;
b) reported the situation to deploy the project to adjust;
c) 's decision about the adjustment of investment projects (for the case of tuning the content specified in paragraph 4, 5, 6, 7, 8 and 9 Article 39 investment law);
d) explain or provide papers related to the adjustment of the contents specified in points b, c, d, e, f, g paragraph 1 Article 33 investment law (if any).
3. within 10 working days from receipt of valid records according to the provisions in paragraph 2 of this article, the registry of investments adjusted registered investment certificates to investors.
4. Adjusting the investors follow the procedure specified in articles 37, 38 and 39 of this Decree.
Article 34. Procedure to adjust the registration certificate for the investment projects of decision authority investment undertakings of provincial people's committees 1. Target adjustment case, location, major technology investment; increase or decrease of capital above 10% of the total investment target, changing the scale and capacity of investment projects; adjust the time limit for implementation of the investment project or change the conditions for investors (if any), investors made the adjustment procedure for the registration of investment certificates according to the following rules: a) the investors filed 11 of Ministry records prescribed in clause 2 Article 33 of this Decree for the registry;
b) within 3 working days from receipt of valid records, the registry submitted investment profile for the competent State agencies concerned to take comments on the content of the article;
c) within 10 working days from the date of the proposal of the registry, the Agency specified in point b of this Clause contains comments on the content adjusted in the range of its management;
d) within 5 working days of receipt of the opinion of the Agency specified in point c of this paragraph, the registry reports investment appraisal the content adjust investment projects to the provincial people's Committee;
DD) within 5 working days from the date of the valuation report of the registry of investment, the provincial people's Committee of adjustment decisions undertakings investing and sent to the registry of investments;

e) text based the decision to adjust the investment policy of the provincial people's Committee, the investment register adjusts the registration of investment certificates to investors within 3 working days from receipt of the written decision to adjust investment undertakings of provincial people's Committee.
2. for the adjustment of content not defined in paragraph 1 of this article, investors made the procedure as defined respectively in article 33 of this Decree.
Article 35. Procedure to adjust the registration certificate for the investment projects of the jurisdiction to decide the investment policy of the Prime Minister 1. Target adjustment case, location, major technology investment; increase or decrease of capital above 10% of the total investment target, changing the scale and capacity of investment projects; adjust the time limit for implementation of the investment project or change the conditions for investors (if any), investors made the adjustment procedure for the registration of investment certificates according to the following rules: a) the investors filed 11 of Ministry records prescribed in clause 2 Article 33 of this Decree for the registry;
b) within 3 working days from receipt of valid records as defined in point a of this Paragraph, the registry sent the 2nd investment profile for the Ministry of planning and investment, at the same time send to the State management bodies concerned to take comments on the content of the provisions in paragraph 3 article 30 of this Decree concerning the internal adjustable capacity;
c) within 10 working days from the date of the proposal of the registry, the Agency specified in point b of this Clause contains comments on the contents in the range of its governance;
d) within 20 days of receiving a valid profile as defined in point a of this Paragraph, the registry of investment process of provincial people's committees to review, comments sent the Ministry of planning and investment on the contents specified in clause 5 article 31 of this Decree concerning the adjustments content;
DD) within 15 days of receiving the opinion of the provincial people's Committee specified in point d of this Paragraph, the Ministry of planning and investment appraisals reports the contents adjusted, the Prime Minister decided to adjust investment undertakings;
e) within 7 working days from the date of the valuation report of the Ministry of planning and investment, the prime consideration, decided to adjust the investment undertakings. Text adjustment decisions undertakings investing was sent to the Ministry of planning and investment, the provincial people's Committee and the investment register;
g) within 5 working days from the date of the decision text adjusted investment policy, the investment register adjusts the registration of investment certificates to investors.
2. for the adjustment of content not defined in paragraph 1 of this article, investors made the procedure as defined respectively in article 33 of this Decree.
Article 36. Tuning procedure the decision of investment undertakings for investment certificates not registered to invest 1. When adjusted for investment projects in an investment policy decision and not an certificate of registered investments, investors made the adjustment procedure decisions undertakings investing in the following cases: a) adjust the targets, investment location, the main technology;
b) increases or decreases over the 10% of the total investment target, changing the scale and capacity of investment projects;
c) adjusting the time limit for implementation of the investment project or change the conditions for investors (if any).
2. The order and procedure of adjustment decisions undertakings investing follow the corresponding provisions in article 34 and article 35 of the Decree.
3. For projects prescribed in clause 2 Article 32 of this Decree, the management of industrial zones, export processing zones, hi-tech economic zones and valuation opinions as defined in paragraph 3 article 30 of this Decree concerning the adjustments content. Within 5 working days from the date of the valuation opinion, management of industrial zones, export processing zones, hi-tech economic zone and decided to adjust investment undertakings.
4. For projects as defined in Article 32 paragraph 3 of this Decree, the Agency registered investment opinions of the Ministry of planning and investment and the competent State organs as defined in paragraph 3 article 30 of this Decree concerning the adjustments to content decisions undertakings investment adjustment according to the following rules : a) for investment projects stipulated in art. 3 Article 32 of this Decree, within 5 working days of receipt of the opinion of the Ministry of planning and investment and the relevant agencies, the investment registry reporting the evaluation process of the provincial people's Committee of adjustment decisions undertakings investing. The provincial people's Committee decided to adjust investment undertakings within 5 working days from the date of the valuation report of the registry. Text adjustment decisions undertakings investing sent the Ministry of planning and investment, registry of investment and investors;
b) for investment projects specified in point b of Article 32 paragraph 3 of this Decree, within 5 working days of receipt of the opinion of the Ministry of planning and investment and the relevant agency, management of industrial zones, export processing zones, hi-tech zone, the economic zone review the decision to adjust investment undertakings. Text adjustment decisions undertakings investing sent the Ministry of planning and investment and investors.
Article 37. Procedure to change investments in the transfer of investment project 1. The investor is entitled to transfer a part or the whole of their investment projects to investors under the conditions specified in paragraph 1 to article 45 investment law. The transfer of the project incurred income, investors transfer investment projects made for tax obligations as stipulated by law.
2. The procedure of change for investors with investment projects operating under a certificate of registration of the investment and not an investment policy decision: a) the investor transfer investment projects filed 1 record for investment, registry include: text recommended to adjust investment projects; report the implementation of investment projects to the time of transfer of the investment project; transfer investment projects or other material having equivalent legal value; copy of identity card, ID card or passport for individual investors, a copy of the business registration certificate or other document of equal legal value for investors is the Organization of investors receiving the transfer; a copy of the certificate of registration of the investment or the text of decision investment undertakings (if available); copy the BCC contracts for projects under the BCC contract forms; a copy of the following documents of the investors received the assignment of the project investment: financial report 2 years of investors, committed to financial support of the parent company, pledged financial support of financial institutions, guarantees on the financial capacity of the investor presentation materials, financial capacity of investors;
b) registry investment conditions transfer investment projects as defined in paragraph 1 Article 45 investment law to regulate the registration of investment certificates within 10 working days from receipt of valid records as defined in point a of this Paragraph.
3. The procedure of change for investors with investment projects operating under a certificate of registration of the investment and in an investment policy decision of the provincial people's Committee: a) the investor transfer investment projects filed 4 record as defined in point a of Paragraph 2 of this Agency for investment registration;
b) within 3 working days from receipt of valid records as defined in point a of this Paragraph, the registry submitted investment profile for the State bodies are competent to assess opinions about the conditions of transfer of the investment project stipulates in paragraph 1 Article 45 investment law;
c) within 10 working days from the date of the proposal of the registry, the Agency specified in point b of this Clause contains comments on the transfer conditions in the scope of its management;
d) within 20 days of receiving a valid profile, registered investment agency reporting on the response project-assignable under the conditions specified in paragraph 1 to article 45 investment law the provincial people's Committee;
DD) within 5 working days from receipt of the report of the Agency for investment registration, provincial people's Committee consideration, decided to adjust the investment undertakings;
e) within 3 working days from receipt of the written decision to adjust the investment policy, the investment register adjusts the registration of investment certificates to investors receive transfer investment projects.
4. The procedure of change for investors with investment projects operating under a certificate of registration of the investment and in an investment policy decision of the Prime Minister: a) the investor transfer investment projects filed 08 sets record as defined in point a of Paragraph 2 of this Agency for investment registration;
b) within 3 working days from receipt of valid records as defined in point a of this Paragraph, the registry submitted investment profile for the State bodies are competent to assess opinions about the conditions of transfer of the investment project stipulates in paragraph 1 Article 45 investment law;
c) within 10 working days from the date of the proposal of the registry, the Agency specified in point b of this Clause contains comments on the transfer conditions in the scope of its management;
d) within 25 days of receiving a valid profile as defined in point a of this Paragraph, the registry of investment process of provincial people's committees to review, comments sent the Ministry of planning and investment for the content specified in Points c and d Article 45 paragraph 1 investment law (if any).
DD) within 10 working days of receipt of the opinion of the provincial people's Committee, the Ministry of planning and investment appraisals reports about the condition of transfer investment projects as defined in paragraph 1 Article 45 investment law;

e) within 7 working days from the date of the valuation report of the Ministry of planning and investment, the prime consideration, decided to adjust the investment undertakings. Text adjustment decisions undertakings investing was sent to the Ministry of planning and investment, the provincial people's Committee and the investment register;
g) within 5 working days from the date of the decision text adjusted investment policy, the investment register adjusts the registration of investment certificates to investors receive transfer investment projects.
5. The procedure of change investors for projects in an investment policy decision and not an certificate of registration of the investment made by the respective provisions in clause 3 and clause 4 of this Article.
6. for projects under the investment policy decision of the Board of management of industrial zones, export processing zones, hi-tech zone, economic zones (hereinafter the Management Board), the management decided to adjust investment undertakings when meet the conditions specified in paragraph 1 to article 45 investment law.
7. With regard to the investment project has been the decision of investment advocates and investors has completed the capital contribution, capital mobilization and put the project into operation, then the operation is not performed the procedure to adjust the decision of investment undertakings as defined in paragraph 3, 4, 5 and 6 of this Article. The case of the project to follow the registration of investment certificates, investors made the adjustment procedure for the registration of investment certificates as specified in paragraph 2 of this Article.
8. in case of foreign investors receive transfer investment projects and economic organisation established to implement the investment project implementation procedures or adjust investment registration certificate, then perform the procedure established in economic organizations under the provisions of the law that corresponds to each form of economic organization.
Article 38. The adjustment procedure of investment projects in the case of split, split, merge, merging, transformation of economic organization 1. The economic organization was formed on the basis of split, split, merge, merging, transformation of economic organization (hereinafter referred to as the Organization) is inherited and continues to implement the rights and obligations of investors for investment projects made before reorganization.
2. the decision of investors held back and handle the assets, rights, obligations related to the investment projects in accordance with the law on enterprises and relevant legislation.
3. After completion of the procedure defined in paragraph 2 of this article, investors filed 11 sets of records for the registry of investment where the investment project to the tune of investment projects. The records include: a) text recommended to adjust investment projects;
b) copy of business registration certificate or document has legal value equivalent of receptive investors of investment projects;
c) a copy of the resolution or decision of investors about the reorganization, in which the content of the disposal of assets, rights and obligations related to the investment projects.
4. Within 15 days of receiving a valid profile as specified in paragraph 3 of this article, the registry adjustments, investment certificate of registration of the investment to the investor.
5. With regard to the investment project did not follow the certificate of registration of the investment, the investor does not have to perform the adjustment procedure the investor as defined in clause 3 and clause 4 of this Article. The transfer of ownership of property for investors to receive investment projects after implementation of reorganization under the provisions of civil law, corporate law and related laws.
Article 39. The adjustment procedure of investment projects according to the verdict, the decision of the Court of arbitration 1. As for the investment project must be adjusted according to the verdict, the decision of the Court of arbitration, then the investor base of the judgment, that the decision to adjust, to receive and continue implementing investment projects.
2. for projects carried out under the certificate of registration of the investment, investors filed 11 sets of records for the registry of investment where the investment project implementation. The records include: a) text recommended to adjust investment projects;
b) copy of identity card, ID card or passport for individual investors, a copy of the business registration certificate or equivalent documentation confirming legal status with regard to institutional investors;
c) judgments, the decision of the Court of law, arbitration.
3. The registry of investments adjusted investment registration certificate within 15 days of receiving the documents prescribed in paragraph 2 of this Article.
Article 40. Procedure for submission, review and editing level information on investment registration certificate 1. The case of the investment registration certificate is lost or broken, investors submit grant proposal writing back the certificate of registered investment for registered investment agency. Investment register considering reissuing the certificate of registration of the investment within 5 working days from the date of grant proposal writing back the certificate of registration of the investment.
2. where the information on the certificate of registration of the investment is not correct with the information in the registration dossier for investment, registry editing investment information on registered investment certificates within 3 working days from receipt of the request of the investor.
3. for projects granted investment registration certificate but not in the case of having to perform the procedure of certification of registered investments as prescribed in clause 1 Article 36 investment law, investors are continuing to implement investment projects and investment registration certificate (if need).
Section 4 TERMINATION PROCEDURES Article 41 INVESTMENT PROJECTS. Conditions and procedure of termination of activity of investment projects and recover the investment registration certificate 1. Project termination of activity in the case prescribed in clause 1 Article 48 investment law.
2. The termination of activities of the project comply with the following procedure: a) the case decide to terminate the operation of investment projects as defined in Article 48 paragraph 1 point a law on investment, investors sent the decision to terminate the operation of investment projects for investment register within 15 days of the decision , accompanied by the certificate of registration of the investment (if any);
b) where termination of activity of investment project under the conditions stipulated in the contract, the Charter business or expiry of the activity of investment projects in accordance with point b and point c of paragraph 1 to article 48 law on investment, investors notice and resubmit the certificate of registration of the investment (if any) for the registry of investment within 15 days from the date of termination of the investment project activities accompanied by a copy of the document noted the termination of the activities of the investment project;
c) where termination of investment project activities as defined at points d, e, f, g and h clause 1 Article 48 law on investment, registry of investments decided to terminate the operation of investment projects, and to revoke the certificate of registration of the investment for the project is granted a certificate of registration of the investment. Registered investment certificates terminate effective from the date of the decision to terminate the operation of the project.
3. for investment projects operating under the investment certificate (at the same time as the business registration certificate) or the investment license, registered investment agency decided to terminate the operation of investment projects that do not recover the investment certificate (at the same time as the business registration certificate) or the investment license. In this case, the content of business registration in the investment certificate (at the same time as the business registration certificate), the investment license continues in force.
4. in case of termination of activity of investment projects at the same time end the activities of economic organizations, the project termination activities according to the provisions of this Article and the investor perform procedures to terminate the activities of economic organizations under the provisions of the law that corresponds to each form of economic organization.
5. After the project termination activities, the liquidation of investment project implementation is as follows: a) self investors liquidate their investment projects in accordance with the law on liquidation of assets;
b) for investment projects by the State land, land rental, allowing the transfer of land use, the land use right and property affixed to land are made according to the provisions of the law of the land;
c) during liquidation of the investment project, if the investor is the economic organization is dissolved or in bankruptcy then the liquidation of investment project made under the provisions of the law on the dissolution, bankruptcy of economic organization.
Article 42. Termination of activities of the project in the event the registry does not invest in contact with investors 1. The case project decommissioning and investment registration authority does not make contact with investors or the legal representative of the investor, the investment registry perform the following procedures: a) Established the minutes about the investment project decommissioning and not in contact with the investor;
b) Send written request to contact investors registered investment agency to solve the termination of activities of the project to address that investors registered with the registry of investments. Within 30 days from sending the prescribed text at this point that investors do not touch the investment registry, perform the procedure specified in point c of this Paragraph;
c) send text proposed to support communications with investors to people's Committee of social investors place of residence (for domestic investors as individuals), diplomatic missions in that country's investors to Vietnam nationals (for foreign investors) at the same time posted a message asking investors to contact the registration authority investment to solve the termination of activity of investment projects within a period of 90 days on the national portal on foreign investment.
2. After the implementation of the measures stipulated in paragraph 1 of this article and the expiry of 12 months from the date of project decommissioning without contact with investors or the legal representative of the investor, the investment register decided to terminate the operation of the project.

3. The management of the assets of the investment after investment register decided to terminate the operation carried out under the provisions of the civil law on the management of the property of the person who is absent at the place of residence.
4. Within the scope of his authority, functions, the State bodies are competent to perform the following tasks: a) the registry specified investments who oversees the management of the assets of the terminated projects operating under the provisions of this Article upon request of competent State agencies who has the right, the relevant benefits, unless the law otherwise;
b) tax authorities, customs is responsible for implementation of the measures prescribed by the law on tax administration and relevant legislation to revoke the tax debt and other financial obligations of the investor for the State (if any);
c) State administration on land made the land recovery, disposal of assets attached to land in the case of investment projects in the land withdrawal area under the provisions of the law of the land;
d) State administration of labour proposed, support manual workers lost jobs and solve the related mode according to the provisions of the law on labour;
DD) competent State agencies make state management activities for projects in the range of functions and authority under the provisions of the law.
5. Any claim or dispute between investors with individual, held rights, obligations related to the investment projects stipulated in this Article are resolved in court, arbitration by agreement between the parties and the rule of law.
43 things. Termination of validity of decisions undertakings text text investment decisions undertakings investing and text adjustment decisions undertakings invest to terminate the force under the provisions of that text or in the event of termination of the investment project activity as defined in article 48 investment law.
Item 5 ESTABLISHMENT OF ECONOMIC ORGANIZATION, CAPITAL CONTRIBUTION, PURCHASE of SHARES, the SHARES of the FOREIGN INVESTOR Article 44. Establishing economic organizations of foreign investors 1. Foreign investors establishing economic organizations perform the procedure as follows: a) implemented procedures for the certification of registration of investments as stipulated in articles 29, 30 and 31 of this Decree;
b) after being granted registered investment certificates as defined in point a of this Paragraph, the investors made the procedure established in economic organizations to implement investment projects and business activities.
2. Profile, sequence, procedure for establishing economic organizations follow the provisions of the law on business or other law corresponding to each form of economic organization. Business registration are not required of investors filed more papers of any kind other than the records under the provisions of the law on business or other law corresponding to each type of economic organization; do not review content has been defined in the certificate of registration of the investment.
3. Capital stock of economic organization by foreign investors established to implement investment projects, not necessarily by the capital investment projects. Economic organization established in accordance with Point b of Paragraph 1 of this article make raising capital and mobilize other sources of capital to implement investment projects according to the schedule specified in the certificate of registration of the investment.
Article 45. Implementation of investment projects and business investment activities of economic organizations have invested abroad 1. Since being granted a certificate of registration of business or other papers have legal value equivalent to economic organizations, because foreign investors established as investors make their investment projects as specified in the certificate of registration of the investment.
2. in the case of new investment projects in addition to the investment project has been granted a certificate of registration of the investment, the economic organization of foreign investment made following procedure: a) organizations specified in points a, b and c of paragraph 1 to article 23 investment law made the certification procedure of registration of investments according to the provisions in articles 29 , 30 and 31 of this Decree;
b) economic organization in cases not specified in point a of this Paragraph perform the reporting regime under the provisions of Clause 5 Article 71 investment law. Report content including: project name investment, investment objectives, investment scale, the investment, location, duration, progress investment, demand for labor, investment incentive (if any).
3. Economic organizations have invested abroad is entitled to adjust the content business registration in the business register that does not necessarily have project. The additional lines of business organizations have invested abroad to match the investment conditions for foreign investors (if any).
4. Economic organizations have invested abroad was set up branches, representative offices, business locations in addition to its headquarters without necessarily having investment projects. Record, process and procedures set up branches, representative offices, location of business economic organizations follow the provisions of the law on enterprise and law corresponding to each form of economic organization.
5. When investing, stock trading on the stock market, economic organization is foreign-invested public company stock listing or registration of transactions on the stock exchange and mass Fund made only under the provisions of the law on the procedure of investment securities , the rate of capital ownership, except where the law and international treaties on investment there other rules on ownership of capital. The Ministry of finance, in cooperation with the Ministry of planning and investment to guide the implementation of the provisions of this paragraph.
Article 46. Investment procedures in the form of capital contribution, purchase of shares, the shares of the foreign investor 1. Foreign investors invest in the form of capital contribution, purchase of shares, shares in economic organizations do not have to perform the procedure of certification of registered investments.
2. Economic organizations have foreign investors invest in the form of capital contribution, purchase of shares, the shares made the registration procedure changed members, shareholders in the business registration agency under the provisions of the law on business and other law corresponding to each type of economic organization , except in the following cases: a) foreign investor capital contribution, purchase of shares, shares in economic organization and business lines conditional investment for foreign investors;
b) The capital contribution, purchase of shares, the shares leads to foreign investors, the economic organization specified in the points a, b and c of paragraph 1 to article 23 law on investment holding from 51% or more of the economic organizations in the case: increase the rate of capital ownership of a foreign investor from 51% to 51% under or over and increase the rate of capital ownership of foreign investors when foreign investors already own from 51% or over in economic organizations.
3. foreign investors invest in the form of capital contribution, purchase of shares, the shares of economic organization in cases specified in point a and point b Paragraph 2 this follow the following procedure: a) the investors filed 11 record registered capital contribution, purchase of shares shares, as specified in paragraph 2 to article 26 of the law on investment for the Department of planning and investment, where economic organizations headquartered;
b) within 15 days of receiving a valid profile as defined in point a of this Paragraph, the Department of planning and investment to meet investment conditions for foreign investors and announcements for investors;
c) after receiving notification under the provisions of point b of this Clause, the economic organization have foreign investors capital contribution, purchase of shares, the shares made the procedure changed members, shareholders in the business registration agency under the provisions of the law on business and other law corresponding to each form of economic organization.
4. Economic organizations have foreign investors capital contribution, purchase of shares, the shares do not have to perform the procedure, adjust the registration certificates or investment decisions undertakings for investment in the project was made before the time of foreign investors raising capital , buy shares, shares.
Section 6-INVESTMENT ACTIVITY in INDUSTRIAL ZONES, EXPORT PROCESSING ZONES, HI-TECH ZONE, economic zones Article 47. The activity of investors make investment projects in industrial zones, export processing zones, high-tech zones and economic zones 1. Rent or buy factories, offices, warehouses were built to serve business, manufacturing activities.
2. Use a paid public works technical infrastructure, the service works, including roads, power supply, water supply, sewerage, telecommunications, sewage treatment, waste services, buildings and other public utilities (collectively referred to as infrastructure using fee).
3. The assignor and the assignee the right to land use, land lease, leased land built the technical infrastructure to build factories, offices and other buildings serving business, manufacturing under the provisions of the law of the land and the laws on real estate business.
4. rent, lease back office, factory, warehouse and other structures were built to serve the production, business under the provisions of the law of the land and the laws on real estate business.
5. Perform other activities according to the provisions of the investment law, this Decree and relevant laws.
Article 48. The operation of the investor of the project construction and business infrastructures of industrial zones, export processing zones, high-tech zones and economic zones 1. Build factories, offices, warehouses for sale or for rent.
2. Valuation of land rental rates for land rental has built the technical infrastructure; the type of infrastructure using fee; prices for rent, sale price of factories, offices, warehouses and other service fees in accordance with the law and registered with the management framework and infrastructure usage charges. The registration rate and the fees to use the infrastructure implemented six months or in the case of the different frame rates and fees to use the infrastructure already registered.
3. Currency the type of infrastructure usage charges.

4. The transfer of land use rights, land rental and lease back the land built the technical infrastructure of industrial zones, export processing zones, hi-tech and economic zone for investors under the provisions of the law of the land and the laws on real estate business.
5. Perform other activities according to the provisions of the investment law, this Decree and relevant laws.
Chapter V INVESTMENT GOVERNANCE section 1 GOVERNANCE for INVESTMENT PROMOTION ACTIVITIES, Article 49. Governance principles for investment promotion activities 1. The management of the State for investment promotion activities are performed according to the following principles: a) investment promotion activities of the ministries and the provincial people's Committee building, set up investment promotion program, after the reunification with the Ministry of planning and investment;
b) encouraging investment promotion activities in the industry, the field, the key economic region-oriented attracting investment in each stage; the other investment promotion activities has to be built on the basis of a specific assessment of the investment needs, data analysis, information updated and have practical value;
c) focuses on investment promotion activities for the investment made through the support, solving difficulties and problems, promote efficient project implementation;
d) encouraged to combine investment promotion activities with trade promotion activities, travel and foreign propaganda program, culture;
DD) recommended mobilizing social resources to implement investment promotion activities.
2. The Prime Minister detailing the principles, contents, mechanism construction, implementation and coordination between the ministries, the provincial people's Committee in investment promotion activities.
Article 50. The duties and powers of the State Agency on investment promotion 1. The Ministry of planning and investment to help the Government managed investment promotion activities.
2. duties and powers of the Ministry of planning and investment: a) presiding, in cooperation with the ministries, the provincial people's Committee building, orientation programs, investment promotion plan; guide the construction of investment promotion programmes of the ministries, the provincial people's Committee; General, build and implement investment promotion programme countries;
b) instructions made info mode, report on investment promotion activities;
c) made investment promotion activities in investment promotion program specified in point a of this Paragraph;
d) in coordination with the Foreign Ministry and the Interior Ministry the Prime Minister decided to create, manage and send representatives in Vietnam investment promotion Division;
DD) Organization of training, training on investment promotion work;
e) periodically report the Prime Minister about the situation and towards investment promotion activities.
3. duties and powers of the Ministry of Finance: a) presiding, in cooperation with the Ministry of planning and investment guide on norms of use of funds from the State budget and financial management regulation for investment promotion activities;
b) in coordination with the Ministry of planning and investment, the ministries, the provincial people's Committee building plans of investment promotion funding programs of the national investment promotion, investment promotion programmes of the ministries, the provincial people's Committee;
c) presiding, in cooperation with the Ministry of Foreign Affairs, the Ministry of planning and investment, the State budget layout for the investment promotion activities of the overseas investment promotion;
d) presided, in cooperation with the Ministry of planning and investment, the ministries, the provincial people's Committee to resolve difficulties and problems related to the layout and the use of funds from the State budget to implement investment promotion activities.
4. duties and powers of the Ministry of Foreign Affairs: a) in collaboration with the Ministry of planning and investment, the ministries and the provincial people's Committee in implementing the programme, investment promotion activities, combining investment promotion activities in Foreign Affairs;
b) support and participate in investment promotion activities abroad have been browsing of the Ministry of planning and investment; the case arises a new investment promotion activities, the Vietnam representative offices abroad have a responsibility to inform and unite with the Ministry of planning and investment before implementation;
c) chairing and guiding the Agency represented Vietnam in foreign operations manager of the overseas investment promotion;
d) presided, in cooperation with the Ministry of planning and investment, Ministry of the Interior the Prime deciding the establishment and staffing of the Department of overseas investment promotion;
DD) on the basis of the proposal of the Ministry of planning and investment, appointing diplomatic and election officers work in investment promotion Division;
e) layout of infrastructure, transportation, work conditions, funding of activities suitable for investment promotion Division overseas.
5. duties and powers of the ministries, the provincial people's Committee: a) presiding, in cooperation with the Ministry of planning and investment and the ministries concerned to build programs, investment promotion plans every year and long term; proposed activities included into the program of the national investment promotion;
b) made investment promotion activities by the authority;
c) in collaboration with the ministries and provincial people's committees in investment promotion activities.
Article 51. Cost of investment promotion activities 1. Funding to implement the activities in the program of the national investment promotion every year in the annual budget plan.
2. The funding of the investment promotion Department, the provincial people's Committee in the annual budget plan of the ministries, the provincial people's Committee.
3. The funding of the investment promotion Department, the provincial people's Committee from State budget sources only layout for the promotion activities in investment promotion program has been approved.
Section 2 REPORT MODE of INVESTMENT ACTIVITY and OPERATE NATIONAL INFORMATION SYSTEM on FOREIGN INVESTMENT Article 52. Report content of report and state management agencies on investment 1. Investment register reported the provincial people's Committee in the following content: a) the report you made before the date of the first quarter after quarter of 12 reports, including the content: reviews on the State receiving records, levels, adjust and revoke the certificate of registration of the investment and the activities of the investment project;
b) 6 month report was made before 15 July of every year, including the following content: reviews investment situation in the first 6 months and estimated the plan attracted and use investment capital the last 6 months;
c) reports year made prior to May 15 of the following year the 2nd year report, include the following: assessment of the situation for the whole year, projected investment plans attract and disburse the capital the following year, the investment portfolio investors are interested.
2. Periodically every 6 months, and every year, the provincial people's Committee of the General report of the Agency for investment registration in the scope of management reporting to the Ministry of planning and investment, according to the content of the report specified in paragraph 1 of this article after 5 working days from the end of the reporting period, the registry of investments.
3. State management agencies provide information to the Ministry of planning and investment, according to the following rules: a) the Ministry of Finance: every periodical that provides information on the State level, adjust and recover the investment registration certificate or valuable papers with any other equivalent insurance business , securities firms; periodically the aggregate annual financial statements year of economic organizations have invested abroad in nationwide to report the indicators on the State of export, import, production, business, the account of State budget organizations have invested abroad. Time reported the previous quarter, the first quarter's 12 days after the reporting quarter, reported the year before 31 May of the year following the reporting year;
b) Industry: every periodic reporting on the State level, adjust, terminate the operation and the results of operations of the foreign investment projects in the field of exploration and exploitation of oil and gas in Vietnam. The time of the previous report on the first quarter's 12 after the reporting quarter;
c) justice: every periodic reporting on the State level, adjust, terminate and the results of operations for the branch and corporate law. The time of the previous report on the first quarter's 12 after the reporting quarter;
d) State Bank of Vietnam: every periodic reporting on the State level, adjust, terminate the operation and the results of operations for the commercial presence of a financial company and foreign credit organizations in Vietnam. The time of the previous report on the first quarter's 12 after the reporting quarter;
DD) Ministry of labor, invalids and Social Affairs: annual periodic reports on the situation of registration, licensing of foreign workers in economic organizations of foreign investment. The time of the report before 31 March of the year following the reporting year;
e) Ministry of natural resources and the environment: annual periodic reports on the State of affairs, for rent and land use of economic organizations have invested abroad. The time of the report before 31 March of the year following the reporting year;
g) Ministry of science and technology: annual periodic reports on the situation of the technology transfer organization of the economy to foreign investment. The time of the report before 31 March of the year following the reporting year.
4. Ministry of planning and investment, the constant recurring quarterly, annually, a report from the Prime Minister about the situation on the investment scope of the country as defined in Article 2, Paragraph 71 Ridin Point investment law.
Article 53. Report content of report and economic organizations implementing projects of economic organizations implement project reporting investment register and State administration of statistics in the local target: 1. report on the implementation of the investment : In the case of investment projects have incurred capital investment made in April, the economic organization of the report within 12 days from the end of the reporting month.
2. quarterly report is made before the day of the first month following quarter 12 you report, including the content: the investment made, sales, exports, imports, labor, taxes and the budget, the use of land, water.

3. The report is made before 31 March of the year of the report, including the report's indicators and targets of profit, the worker's income, expenses and investment for scientific research and technological development, environmental protection and processing , the origins of technology use.
Article 54. Regulations on reporting 1. Organizations implementing projects posted the report online through the national information system on investment.
2. investment register send the written reports and online on the national information system on investment.
3. Ministry of planning and investment to form rules and inspection, inspection of the implementation of the reporting regime under the provisions of this Decree.
Article 55. The duties and powers of the organs of State administration in the management, operation of national information systems on investment 1. The Ministry of planning and investment to host, in cooperation with the State agency involved to build and operate the national information system on investment; guide the management, operation and use of the national information system on investment.
2. The ministries, provincial people's Committee is responsible for the update, provides information on investment activities in the scope of the sector and local management into national information systems on investment; mining organizations, using the national information system on investment under the provisions of the investment law, this Decree and other relevant regulations.
3. The registry is responsible for investment use national information systems on investment to make the services related to the reception, to grant, modify, revoke the certificate of registration of the investment; tracking, monitoring, reviews the implementation of investment projects; the reporting regimes of investment and guide the economic organization of investment projects using the national information system on investment under the provisions of this Decree.
4. Management and operation of the national information system on investment and national information systems on business registration is responsible for the exchange of information on the State registration of the Organization economics of foreign investment, the situation of capital contribution, purchase of shares , shares of foreign investors when implementing the procedure prescribed in article 44 and article 46 of this Decree, the investment conditions for foreign investors, portfolio investment lines of business conditions and business investment conditions as prescribed.
5. Economic organizations implement investment projects are granted the access account of national information systems on investment to make periodic reporting under the regulations.
6. Ministry of planning and investment guide details the management, operation, exploitation and use of the national information system on investment.
Category 3 tasks, POWERS of the MINISTRIES, MINISTERIAL-LEVEL AGENCIES, PROVINCIAL PEOPLE'S COMMITTEE in Article 56. The duties and powers of the Ministry of planning and investment to 1. Perform those duties and powers prescribed in paragraph 3 Article 68 investment law and the duties and powers assigned under the provisions of this Decree.
2. Organize monitoring, inspection and evaluation of investment activity by the authority; check the level, tuning, recovery registered investment certificates of investment register; compliance monitoring plan has been approved by the authority in the process of investing.
3. Hosted, in cooperation with the ministries, ministerial agencies scrutinize, gather, post business investment conditions on the national portal on business registration, investment conditions for foreign investors on national information Portal about foreign investment.
4. Hosted, in cooperation with the ministries, ministerial agencies reviewing, assessing, periodically reports the Prime Minister on the implementation of the provisions on prohibited investment lines of business and investment lines of business conditions and investment conditions for foreign investors.
5. Guide and support registry of investment, business registry to resolve bottlenecks in implementation of investment activities and business registration.
Article 57. The duties and powers of the ministries, ministerial agencies 1. The Ministry of finance, in cooperation with the State authority concerned, the Building Authority issued, instructions and check the implementation of preferential policies, support for investment in the field of taxation, financial (money land use, land lease) jurisdiction; assessment and comments on issues related to finance, Government guarantees for investment projects in the jurisdiction to decide the investment policy of the Prime Minister, the National Assembly.
2. Ministry of environmental resources and hosted, in cooperation with the State authority concerned, the Building Authority issued, instructions and check the implementation of the regulation on environmental protection and resources related to investment activities; assessment and comments on issues related to the land and protect the environment of the projects under the investment policy decision of the Prime Minister, the National Assembly.
3. The Ministry of science and technology, in cooperation with the State authority concerned, the Building Authority issued, instructions and check the implementation of the regulations on investment activities in the fields of science, technology; the Prime master plan for high-tech development zones; assessment and comments on issues related to science, technology of the investment project in the jurisdiction to decide the investment policy of the Prime Minister, the National Assembly.
4. The Ministry of construction, in cooperation with the State authority concerned, the Building Authority issued, instructions and check the implementation of the regulations on the construction activities of the project; assessment and comments on issues related to state management on the construction of investment projects in the jurisdiction to decide the investment policy of the Prime Minister, the National Assembly.
5. State Bank of Vietnam presided, in coordination with the State authority concerned, the Building Authority issued, instructions and check the implementation of the regulations on Foreign Exchange Management and credit related to investment activities; assessment and comments on issues related to the credit and foreign exchange management of investment projects in the jurisdiction to decide the investment policy of the Prime Minister, the National Assembly.
6. The ministries, ministerial agencies specified in the paragraph 1, 2, 3, 4, 5 and the sector Manager performs the duties and powers prescribed in paragraph 4 to article 68 investment law and other rights, duties under the provisions of this Decree and relevant laws.
Article 58. The duties and powers of provincial people Committee 1. Construction planning, planning to attract the investment capital; founded and published the directory of investment attraction projects locally.
2. Decisions undertakings for investment projects of the jurisdiction specified in article 32 the Investment Law.
3. Responsible to steer, guide and monitor the implementation of the tasks of the registry in the certificate of registration of the investment and management activities in local investment.
4. Directing the detailed planning of construction of industrial zones, export processing zones and approved the detailed planning for the construction of industrial zones, export processing zones; detailed planning of functional areas in the economy.
5. Steer investment registration, business registration agency and the State administration of land, environment, construction, make interconnected procedures to create favorable conditions for investors in the process of implementation of investment activities.
6. Perform the duties, other powers under the provisions of this Decree and relevant laws.
Chapter VI IMPLEMENTATION section 1 TRANSITIONAL PROVISIONS Article 59. Regulations for the implementation of investment projects before the investment law of effect execution 1. Investors are continuing to implement investment projects under the investment license, preferential investment certificates, investment certificates or documents of legal value equivalent by the competent State agencies of the level before the investment law are enforceable.
2. The investment license, preferential investment certificates, investment certificates or documents of legal value equivalent by the competent State agencies of the level before the investment law have enforceable legal value as a certificate of registration of the investment.
3. Investors do not have to perform the certification procedure of registration of investments, investment policy decisions in accordance with the investment law for the investment projects already implemented or was competent State agencies approved investment policy or allow the execution before the investment law are enforceable.
Article 60. Provisions for businesses operating under the investment license, certificate of investment (at the same time as the certificate of business registration) 1. The business operates under the investment license was further organized and operated as specified in the investment license and Charter business. For those contents are not prescribed in the investment license and business rules, enterprise implementation consistent with the regulations of the corporate law, investment law and relevant laws according to the following principles: a) 100% foreign business owned by a foreign investor to make the corresponding rules for limited liability company a Member;
b) 100% foreign business owned by two foreign investors and business venture the corresponding implementing rules for limited liability company two members;
c) company invested abroad was established under Decree No. 38/2003/ND-CP on April 15, 2003 by the Government on the transition some business for foreign capital to operate in the form of a joint stock company made corresponding provisions for joint stock companies.

2. enterprises operating under a certificate of investment (at the same time as the business registration certificate) are continuing to organize and operate under the investment certificate (at the same time as the business registration certificate) and the Charter business. For those not content to be specified in the certificate of the investment (at the same time as the business registration certificate) and the Charter business, enterprises in accordance with the corporate law, investment law and relevant laws.
Article 61. Change the registered investment certificates, certificate of business registration 1. Investors have investment projects granted investment licenses, investment incentive certificates, investment certificates or documents of legal value equivalent to be granted before the date of effect investment law enforcement was transferred to operating under a certificate of registration of the investment according to the following procedure : a) the investors filed 11 of Ministry-level profile changes the investment registration certificate for registration of investment include the modified proposal writing certificate of registration of the investment, the investment license copy, preferential investment certificates, investment certificates or documents of equivalent legal value;
b) investment grade registry change registered investment certificates to investors within 3 working days of receipt of the record as defined in point a of this Paragraph. Registered investment certificates stipulated content investment project in the investment license, preferential investment certificates, investment certificates or documents of legal value equivalent. The content of business registration in the investment license, preferential investment certificates, investment certificates or documents of legal value equivalent to continue in force.
2. enterprises are operating under the investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers of equivalent legal level before the investment law have enforceable are operated under the business registration certificate according to the following procedure : a) enterprises pay 1 record changes the business registration certificate for the business registration agency headquarters include suggested text updated, additional business registration information; a copy of the investment license, certificate of registration (at the same time as the business registration certificate) or valuable papers of equivalent legal and a copy of the tax registration certificate;
b) business registry-level registration certificate change the business within 3 working days of receipt of the record as defined in point a of this Paragraph. Business registration certificates regulations the content subscription business in the investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers legally equivalent. Business registration content stipulated in the investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers of equivalent legal expired since the date of business registration certificate; investment project content in the investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers of equivalent legal effect continued.
3. The case has asked the investment registration certificate, business registration certificate in lieu of investment licenses, certificates of investment (at the same time as the business registration certificate) or valuable papers of equivalent legal, investors made the following procedure : a) the registration certificate Change the business as defined in paragraph 2 of this Article;
b) changes the registry certificate investing under the provisions of Paragraph 1 of this article (the profile level changed investment registration certificate includes a copy of business registration certificate is granted according to the provisions in paragraph 2 of this Article and profile as defined in art. 1 of this).
4. Business registration certificate of the enterprise as defined in paragraph 2 and Paragraph 3 of this article the entire inheritance rights and obligations of the business prescribed in the investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers of equivalent legal since being issued a certificate of registration of business , in which the rights and obligations with respect to investment projects; investors as defined in the investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers of equivalent legal rights and obligations with respect to investment projects as members, shareholders in the business.
5. Branch, Representative Office of the business functioning under the investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers of equivalent legal level before the investment law of effect execution was transferred to operating under a certificate of registration of the branch Representative Office, as stipulated in the law business. Profile, the procedure changes the certificate of registration of branches, representative offices follow the corresponding provisions in paragraph 2 and Paragraph 3 of this article.
6. The enterprise has the responsibility to update, Supplement and businesses register information not required implement procedures changing the investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers legally equivalent to the certificate of business registration when doing business dissolution procedure , suspension of business, announcing seal; establish, change subscription content work, termination of the activities of the branch, Representative Office.
Article 62. Adjust the front execution of investment projects on investment law has effect 1. Cases adjusted project to alter the content of the investment license, preferential investment certificates, investment certificates or documents of legal value equivalent to be granted before the date of effect investment law enforcement, investors made the adjustment procedure for the registration of investment certificates as defined in article 33 of this Decree in the post body Register to be granted the certificate of registration of the investment. Certificate of registration of the investment provisions of the content project to be adjusted and recorded the entire investment project content does not adjust, in effect as stipulated in their investment licenses, certificates, investment certificates of investment incentives and the papers are of equivalent legal value.
2. in case of investment licenses, certificates or investment papers worth comparable legal provisions in paragraph 1 of this article at the same time regulating the content of business registration, the registry certificate investing investment register for investor to replace the content of the project investment in the investment license , The investment certificate (at the same time as the business registration certificate) or other papers have legal value equivalent according to the principles specified in paragraph 1 of this article. The content of business registration in the investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers of equivalent legal effect continued.
3. Investment projects not subject to an approval decision or investment undertakings prescribed by law before the time of the investment law of effect execution but in an investment policy decision under the provisions of the investment law, this Decree shall not perform the procedure to decide the investment policy or amend decisions undertakings investing when tuning project investment, except in the following cases: a) expansion projects leading to the project in an investment policy decision prescribed in article 30 and article 31 investment law;
b) target additional investment projects that target was added in an investment policy decision prescribed in article 30 and article 31 investment law;
c) adjusted investment projects including the addition of a in the content: the proposed State land, land rental, not through auctions, tenders, the assignee the right to use the land or assets associated with the land; the proposal allows the State to transfer the land use or recommend the use of technology in the category of limited technology transfer under the provisions of the law on transfer of technology.
4. for the cases stipulated in points a, b and c of Paragraph 3 of this article, investors made the adjustment procedure to decide the investment policy prescribed respectively in section 3 of chapter IV of this Decree. In this case, the State Agency has the authority to decide the investment policy review of the content adjust to decide the investment policy.
5. in case of adjustment of investment project in an approval decision or investment undertakings prescribed by law before the time of the investment law has the effect of making text content changes or decisions undertakings approved investment, investors made the adjustment procedure to decide the investment policy prescribed in this Decree.
Article 63. Change the content of business registration in the investment license, certificate of investment (at the same time as the certificate of business registration) 1. The business operates under the investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers legally equivalent to make changes the content of business registration in the business register according to the following rules: a) profile, sequence, procedure for changing the content of business registration made under the provisions of the law on business career;
b) business registration certificate of the enterprise registration replaces the content of business registration in the investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers legally equivalent;
c) business registration certificate recorded contents adjust and rewrite the content to other business registration do not regulate, in effect under investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers legally equivalent;

d) content of business registration provisions in the investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers of equivalent legal expired since the date of business registration certificate; investment project content in the investment license, certificate of investment (at the same time as the certificate of business registration) continue in force;
DD) business case have asked to change the content of business registration due to foreign investor capital contribution, purchase of shares, shares in cases specified in point a and point b item 2 Article 46 of this Decree, the investors made the registration procedure, which is to buy shares shares, as specified in point a and point b paragraph 3 to article 46 of this Decree before the enterprise make the certification procedure of registration of enterprises;
e) after being granted a certificate of registration under the provisions of this paragraph, the business continued to perform the full rights and obligations as defined in the investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers legally equivalent.
2. in case of simultaneous adjustment of the content of business registration and content projects, Enterprise made the procedure to adjust the content of business registration in the business register to be granted a certificate of registration prescribed in paragraph 1 of this article. After being granted a certificate of registration of the enterprise, the enterprise adjust content investment project in the registry to be granted investment certificates of registered investments as defined respectively in article 62 of this Decree.
3. content adjustment case registration branch, Representative Office of the business functioning under the investment license, certificate of investment (at the same time as the business registration certificate) or valuable papers of equivalent legal level before the investment law have enforceable business, perform the adjustment procedure for certificate operations branch, representative office as defined respectively in clause 1 and clause 2 of this Thing.
Article 64. Rules for investors committed to transfer the non-reimbursement of the property to the State Vietnam 1. With regard to investment projects have committed to transfer the non-reimbursement of the property in the project for the State of Vietnam or the Vietnam party is the State enterprise, the investor does is adjust the content transfer is not reimbursed, except with the competent State agencies allow.
2. no transfer of property claims prescribed in clause 1 of this article are transferred in the normal operating conditions as to the time of transfer to Vietnam or Vietnam State Party.
Article 65. Active termination, dissolution, reorganization of enterprises operating under the investment license, certificate of investment (at the same time as the certificate of business registration) 1. The business operates under the investment license, certificate of investment (at the same time as the certificate of business registration) performed the procedure halted trading, active termination, dissolution, reorganization in the business register.
2. Profile, sequence, procedure of suspension of trading, termination of activities, reorganization, dissolution of the business functioning under the investment license, certificate of investment (at the same time as the business registration certificate) comply with the provisions of the law on business.
Section 2 ENFORCEMENT of the TERMS of Article 66. Effect 1. The Decree has effect from the date of December 2015 and replacing Decree No. 106/2006/ND-CP of September 22, 2006 the Government detailing and guiding the implementation of some articles of the law on investment.
2. This decree repealed: a) the category of local corporate income tax incentives attached to Decree 218/2013/ND-CP on December 26, 2013 the Government detailing and guiding the implementation of the law on Enterprise Income Tax;
b) listing fields to be imported tax incentives attached to Decree No. 87/2010/ND-CP of 13 August 2010 the Government detailing and guiding the implementation of the law on the export Tax, import tax;
Article 19 paragraph 4 c) and defined "local category enjoy preferential land rent is only applicable to geographical specific administrative boundaries" in paragraph 3 article 19 of Decree 46/2014/ND-CP on May 15, 2014 by government regulations on land leasing, hire charge.
3. where the law stipulates the profile components perform administrative procedures must have a certificate of registration of the investment but investment projects not in the case of certificates of registration under the investment provisions of the investment law, the investors do not have to file the certificate of registration of the investment.
Article 67. Responsibility 1. The Ministry of planning and investment, detailing the establishment, organization, management and operation of the venture investment fund in Vietnam; guide the implementing rules for the transfer of the cases not specified in section 1 of Chapter VI and the other terms are assigned according to the provisions of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee in the scope of his duties, function is responsible for guidance and enforce this Decree.