Law 67/2014/qh13: Investment

Original Language Title: Luật 67/2014/QH13: Đầu tư

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CONGRESS
Number: 67 /2014/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 26, 2014

LAW.

Investment

_____

The Constitution of the Socialist Republic of Vietnam.

Congress enacted the Investment Law.

Chapter I

COMMON RULES

What? 1. The adjustment range

The law provides for business investment in Vietnam and business investment from Vietnam abroad.

What? 2. Subject applies

This law applies to investors and organizations, individuals involved in business investment activity.

What? 3. Explain words

In this Law, the words below are understood as follows:

1. Investment Registry is the agency with the authority to grant, adjust, and recover the investment registration certificate.

2. Investment project is a set of finite or long-term capital, or long term, to conduct business investment activities on a particular site, within the specified time period.

3. Extended investment project is the project development investment project that is operating business investment by expanding scale, raising capacity, innovation technology, reducing pollution or improving the environment.

4. New Investment Project is the first implementation project or the independent operating project with the project that is working on business investment.

5. Business investment is an investment investor to do business operations through the establishment of an economic organization; capital investment, share purchase, share of the economic organization; invest in the form of contract or implementation of the investment project.

6. Investment registration certificate is text, the electronic copy of the investor ' s registration information on the investment project.

7. The National Information System on Investment is a professional professional information system to monitor, evaluate, analyze investment in the country in order to serve state management and investor support in the implementation of business investment.

8. Investment contract in the form of public partnership (later known as the PPP contract) is the contract signed between the state agency with authority and investor, project business to implement the prescribed investment project at Article 27 of this Law.

9. Business cooperation contract (later known as the BCC contract) is a contract signed between investors for profit division business, which divides the product without establishing an economic organization.

10. Manufacturing Area is an export-export manufacturing industry, carrying out the service for export and export operations.

11. Industrial area. is the area with a defined geographical boundary, which specializes in the production of industrial goods and the implementation of the service for industrial production.

12. The economy. is a region with a defined geographical boundary, including many functional areas, established to perform goals that attract investment, economic development-social and defense, security.

13. Investor is the organization, the individual who performs business investment, including domestic investor, foreign investor, and economic organization that has foreign investment capital.

14. Foreign investor is the individual with foreign nationality, established in accordance with foreign legislation which performs business investment in Vietnam.

15. Domestic investor is an individual with the nationality of Vietnam, the economic organization that does not have a foreign investor who is a member or shareholder.

16. Economic organization. is the organization that is established and operates under the regulation of Vietnamese law, including business, cooperative, cooperative association, and other organizations that carry out business investment.

17. Economic organization has foreign investment capital. is an economic organization whose foreign investor is a member or shareholder.

18. Investment Capital is money and other assets to do business investment practices.

What? 4. Apply Investment Law, Relevant Laws and International Treaties.

1. Business investment activity on the territory of Vietnam must comply with the provisions of this Law and other relevant laws.

2. The case of different regulation between this Law and other law on the industry, the prohibition of business investment, the industry, the business investment profession has conditions, the order, the investment procedure is done by the regulation of this Law, minus the sequence, the business investment procedure. according to the regulation in the Securities Law, the Law of Credit organizations, the Insurance Business Law and the Petroleum Law.

3. The case of international treaties in which the Socialist Republic of Vietnam is another regulated member with the provisions of this Law applies to the provisions of that international treaty.

4. For the contract in which there is at least one party to be a foreign investor or economic organization stipulated at 1 Article 23 of this Law, the parties can make a deal in the contract to apply foreign law or international investment practices if they are elected. That agreement is not contrary to the rule of Vietnamese law.

What? 5. Business Investment Policy

1. The investor is entitled to perform business investment in the industries, the profession that this law does not prohibit.

2. The investor is automatically decided to operate a business investment by the regulation of this Law and other regulation of the relevant legislation; be approached, using credit capital sources, support funds, land use and other resources under the rule of the law, said in a statement. the law.

3. The state recognizes and protects the ownership of property, capital investment, income, and rights, other legitimate interests of investors.

4. State for equal treatment between investors; there is a policy of encouraging and facilitable investors to implement business investment, sustainable development of the economy.

5. The state respects and makes international treaties with regard to business investment in which the Socialist Republic of Vietnam is a member.

What? 6. Industry, Business Investment prohibition

1. Ban the following business investment activities:

a) Business of the prescribed narcotics at Appendix 1 of this Law;

b) Business of the chemicals, minerals prescribed at Annex 2 of this Law;

c) A sample business of plants, wild animals by regulation at Annex 1 of the Convention on International Trade in Endangered Species of plants, endangered wildlife; specimens of endangered animals, endangered wildlife, rare group I derived from the World War II. It ' s a protocol in Annex 3 of this law.

d) Business prostitution;

Buy, sell people, tissue, body parts;

e) Business activity related to human inhuman reproduction.

2. The production, using product regulation at points a, b, and c 1 Article in analysis, testing, scientific research, health, pharmaceutical production, criminal investigation, defense of defense, security of the government.

What? 7. Industry, Business Investment Business

1. The sector, the business investment in terms of being the industry, the job that does business investment in the industry, it must meet the conditions for defense, national security, order, social security, social ethics, public health.

2. An industry portfolio, conditional business investment is regulated at Appendix 4 of this Law.

3. Business investment conditions on the sector, the regulation in paragraph 2 This is regulated in the laws, ordinance, decrees, and international treaties that the Socialist Republic of Vietnam is a member. Ministry, peer-to-peer agency, the People's Council, the People's Committee of the Ministry, the agency, the organization, the other individual is not issued a regulatory issue on terms of business investment.

4. Business investment conditions must be regulated in accordance with the specified target at 1 Article and must guarantee public, transparent, objective, time-saving, investor compliance costs.

5. The industry, business investment in terms and business investment conditions on the industry, must be posted on the National Enterprise Registration Portal.

6. The government regulates the details of the publication and control of business investment conditions.

What? 8. Amendment, industry supplement, business investment prohibition, Industry Catalogue, conditional business investment, and business portfolio.

Economic-social conditions-society and demand for state management in each period, the Government scrutines the industry, the prohibition of business investment, the portfolio, the conditional business investment, and the Congress of amendments, the addition of Article 6 and Article 7 of the Law. This is a shortened procedure.

Chapter II

GUARANTEED INVESTMENT

What? 9. Secure property rights

1. The legal property of the investor is not nationalized or seized by administrative measure.

2. The case of a state of purchase, requiriation of property for defence, security or for national interest, emergency, room, anti-natural disasters are paid, compensated by the rule of law on the purchase, property requiemation. The law and other regulation of the law are relevant.

What? 10. Secure the business investment

1. The state does not obligate investors to make the following requirements:

a) The priority of buying, using goods, services in the country or having to purchase, use goods, services from the manufacturer or service supply in the country;

b) Export goods or services at a certain rate; limit the number, value, type of goods and services exported or produced, in the country;

c) Import of goods with the amount and value corresponding to the quantity and value of export goods or have to balance the foreign currency from the export source to meet the import needs;

d) Achiking an interlocalization rate for domestic production goods;

) achieving a certain degree or value in the research and development activity in the country; and in the field.

e) Provide goods, services at a specific location in the country or abroad;

g) Set up the headquarters at the site at the request of the competent state agency.

2. Economic development orientation-social, foreign exchange management policy and foreign currency ability in each period, the Prime Minister decides to secure a demand for foreign currency on the jurisdiction of the authority to decide on its topic. The investment of the National Assembly, the Prime Minister and the investment projects develop another important infrastructure.

What? 11. Make sure to transfer the assets of foreign investors abroad

After making full financial obligations to the State of Vietnam as defined by the law, foreign investors are transferred abroad of the following assets:

1. Investment Capital, Investment Payments;

2. Income from business investment activity;

3. Money and other assets are legally owned by the investor.

What? 12. The Government ' s bail on some important projects.

1. The Prime Minister decides to bail out the obligation to implement the contract of the competent state agency or the state enterprise taking part in the exercise of the jurisdiction of the authority to decide on the investment of Congress, the Prime Minister and the government. The investment projects that develop other infrastructure structures.

2. The government regulates this.

What? 13. Secure the business investment in the case of legal change

1. The new case of legal writing is issued which provides higher investment incentives than the investment incentives that investors are enjoying, investors are entitled to invest in the provisions of the new legislation for the rest of the project.

2. The new case of legal writing is issued regulation of lower investment than the investment incentives that investors enjoyed prior to which the investor is further applied to the previous prescribed investment incentives for the remainder of the project's benefits.

3. Regulation at paragraph 2 This does not apply in case of changing the regulation of the law of law for defense, national security, order, social security, social ethics, public health, environmental protection.

4. The case of an investor is not continuing to apply an investment preference by regulation at paragraph 3 This is considered resolved by one or some of the following measures:

a) Except for the actual damage of the investor to the taxable income;

b) The operational goal of the investment project;

c) Support investor remediation.

5. For the guarantee of regulatory investment in paragraph 4 This, the investor must have a written requirement for a period of 3 years from the date of the new law of law to take effect.

What? 14. Resolve dispute in business investment activity

1. The dispute regarding business investment activity in Vietnam is resolved through negotiation, reconciliation. Where the dispute is not negotiated, the dispute is resolved at the arbitration or the Court by the provisions of the 2, 3 and 4 Articles.

2. The dispute between domestic investors, the economic organization that has foreign investment or between domestic investors, the economic organization that has foreign investment with the state agency has jurisdiction in relation to business investment activity on the territory of the country. Vietnam is resolved through the Vietnamese arbitration or the Court of Vietnam, except for the stipulation of the Article 3 clause.

3. The dispute between investors in which at least one party is the foreign investor or the economic organization stipulated at 1 Article 23 of this Law is resolved through one of the following agencies, the following organization:

a) the Court of Vietnam;

b) Vietnam referee;

c) Foreign referees;

d) International arbitration;

The arbitration for the parties disputes the establishment.

4. The dispute between foreign investors with the state agency with jurisdiction regarding business investment activity on the territory of Vietnam is resolved through the Vietnam Arbitration or the Vietnam Court, unless the case has another agreement in accordance with the contract. And the international treaty that the Socialist Republic of Vietnam is a different regulated member.

Chapter III

INVESTMENT INCENTIVES AND SUPPORT

Item 1

INVESTMENT INCENTIVES

What? 15. Form and object that applies investment incentives

1. The form of applying investment incentives:

a) Apply the rate of corporate income tax lower than the regular tax rate that has a deadline or the entire time implementation of the investment project; exemption, corporate income tax loss;

b) Free the import tax on imported goods to create fixed assets; raw materials, supplies, components to implement the investment project;

c) As well, reduce land rent, land use, land use tax.

2. The subject is entitled to the investment:

a) A major investment project, an investment preferable in accordance with Article 16 of this Law;

b) The investment project at the investment preferable investment in paragraph 2 Article 16 of the Law;

c) The investment project has a capital scale of up to 6,000 billion or more, making a minimum of 6,000 billion copper in the 03-year period since the date of the adoption of the investment registration certificate or investment decision;

d) Investment projects in the countryside used from 500 workers or more;

High tech business, scientific and technological enterprise, scientific and technological organization.

3. Investment incentives are applied to the new investment project and the expanded investment project. The specific level of incentives for each type of investment preferable investment are applicable under the laws of taxation and land laws.

4. Investment incentives for regulatory objects at points b, c and d paragraph 2 This does not apply to the project investment investment project; production, commodity business, service belonging to the subject of a special consumption tax subject to the provisions of the Law. Special consumption tax, minus the production of cars.

What? 16. Industry, investment incentives and investment incentives.

1. Industry, investment incentives:

a) High-tech activity, industrial products that support high technology; research and development activities;

b) The production of new materials, new energy, clean energy, renewable energy; product production has increased value from 30% or more, energy savings products; and more.

c) Production of electronic products, weight-mechanical products, agricultural machines, automobiles, automotive parts; shipbuilding;

d) Manufacturing industrial products that support the textile industry, leather shoes, and regulatory products at this point of c;

The production of information technology, software, digital content;

e) farming, agricultural processing, forestry, fisheries; cultivation and protection of forests; salt; aquaculture and aquaculture; production of crops, livestock breeds, biotechnology products;

g) Collum, process, recycle or reuse waste;

h) Investment and operation investment, management of infrastructure construction; development of public passenger transport in the municipalities;

i) Education of preschool, high school education, vocational education;

) Exploring, cure; drug production, drug-making, drug-based drugs, essential medicines, medicine, anti-social diseases, vaccines, medical students, medications from pharmaceuticals, medical drugs; scientific research on the scientific technology, biotechnology to produce. New drugs.

l) Investment training facilities, fitness competitions, sports for people with disabilities or professionals; protect and develop cultural heritage value;

m) invested in the center of the heart, the mind, treatment of patients with oranges; the care center of the elderly, the handicapped, the orphans, the wandering children without refuge.

n) Human credit fund, microfinance organization.

2. Address of investment:

a) The site has economic conditions-difficult societies, places with economic conditions-particularly difficult societies;

b) Industrial area, construction site, high tech sector, economic zone.

3. The business base, profession and place of investment preferable investment in paragraph 1 and paragraph 2 This, the Government issued, amended, the addition of the Industry Catalogue, Investment Consultational, and Investment Consultational Category.

What? 17. The procedure applies investment incentives

1. For the project to be issued an investment registration certification, the investment registry registers the investment preferable content, base, and condition of applying investment incentives at the Investment Registration Certificate.

2. For the non-campus non-registered project of receiving an investment certificate, an investor is given an investment preferable investment if it meets investment preferable conditions without the implementation of the investment registration certification procedure. In this case, the investment base investor regulates the prescribed investment at Article 15 and Article 16 of this Law, the other regulation of the relevant legislation to self-identify investment incentives and execute investment incentives at the tax authority, the agency said in a statement. The finance and customs agencies correspond to each category of investment incentives.

What? 18. Open investment incentives

The National Assembly government decides to adopt other investment incentives with the investment incentives prescribed in this Law and other laws in the event that it is necessary to encourage the development of an important special sector or administrative unit-the special economy.

Item 2

HHH PRIVATE INVESTMENT

What? 19. Investment Support Form

1. The forms of investment support:

a) Support for the development of engineering infrastructure, social infrastructure in and outside the project fence;

b) Support for training, human resource development;

c) Credit support;

d) Support by manufacturing, business; support of the relocation of the manufacturing base out of the inner city, the interior;

Support for science, engineering, technology transfer;

e) Support market development, providing information;

) Support for research and development.

2. The government regulates the details of regulatory support forms stipulated at this one Article for small and medium enterprises, high-tech enterprises, science and technology enterprises, scientific and technological institutions, businesses investing in agriculture, and agriculture. Rural, the business invested in education, disseminalization of law and other objects in line with the direction of economic development-society in each period.

What? 20. Support for the development of industrial infrastructure infrastructure, manufacturing sector, high tech sector, economic zone and construction.

1. The overall planning base development of the industrial zone, the manufacturing sector, the high-tech sector, the approved economic zone, the ministries, the peer-to-peer agency, the Provincial People 's Committee, the central city-based city (later called the Provincial People' s Commission) built plans. Development and development planning for the infrastructure of engineering infrastructure, industrial infrastructure, manufacturing sector, high tech sector, economic zones.

2. The state supports a portion of the investment capital development from the budget and credit capital incentives to develop a system of engineering infrastructure, social infrastructure in and outside the industrial zone fence at the economic-social or economic site. -Social is particularly difficult.

3. The state supports a portion of the investment capital development from the budget, which credit incentives and applies other methods of capital raising to build systems of engineering infrastructure, social infrastructure in the economic zone, high tech sector.

What? 21. Home development and service work, public utility for workers in the industrial zone, high tech sector, economic zone, and community service.

1. The overall planning base for industrial development, high tech sector, the economic zone that has been granted jurisdiction, the People 's Committee of the Provincial People' s Department of Planning and Layout Fund to develop housing, service works, public utilities for the people. labor sector jobs, high tech sector, economic zone.

2. For local difficulty in the layout of housing development housing, service works, public utilities for workers in the industrial zone, the state agency has the authority to decide on the regulation of the industrial zone planning to spend a year in the market. The area of housing development, service, public utility.

Chapter IV

INVESTING IN VIETNAM

Item 1

INVESTMENT FORM

What? 22. Economic organization.

1. The investor is set up an economic organization under the rule of law. Prior to the establishment of an economic organization, foreign investors must have an investment project, implement the procedure for issuing a Certificate of Investment in accordance with provisions at Article 37 of this Law and must meet the following conditions:

a) The ratio of the charter capital is specified in paragraph 3;

b) The investment form, the scope of activity, the Vietnamese partner engaged in the implementation of investment activity and other conditions under the regulation of the international convention that the Socialist Republic of Vietnam is a member.

2. Foreign investors implement the investment project through the established economic organization in accordance with Article 1 Article, minus the investment case in the form of capital, purchase of shares, share of capital, or investment by contract.

3. The foreign investor is in the possession of a non-restriction charter in the economic organization, except the following cases:

a) The ownership rate of foreign investors at the listed company, the public company, the securities business organization and the securities investment funds according to the regulation of the securities law;

b) The ownership rate of foreign investors in the industrialised state enterprises or the conversion of ownership in another form made in accordance with the regulation of the law on the goods of goods and the conversion of state enterprises;

c) The ownership rate of foreign investors is not part of the regulation at point a and point b is done by the other provisions of the relevant law and the international treaty that the Socialist Republic of Vietnam is a member.

What? 23. Do the investment activity of the economic organization that has foreign investment capital?

1. Economic Organization must meet the conditions and implement the regulation of investment in accordance with the foreign investor when the investment of the establishment of the economic organization; capital investment, purchasing stake, the contribution portion of the economic organization; investment under a BCC contract belonging to a business organization. in the following cases:

a) There is a foreign investor who holds 51% of the charter capital or has a majority of the number of members in the name of foreign individuals to the economic organization, the company of the name;

b) There is a regulatory economic organization at this point a holding of 51% of the charter capital.

c) There are foreign investors and the regulatory economic organization at this point holding 51% of the regulatory capital.

2. The economic organization with foreign investment does not fall under a regulatory case at points a, b and c 1 This does the conditions and procedures of investment by regulation to investors in the country when investment is established in economic organization; investment in the form of capital. capital, purchase of shares, the capital portion of the economic organization; invest in the form of BCC contract.

3. Economic Organization with foreign investment has established in Vietnam if a new investment project is made to implement that investment project without the establishment of a new economic organization.

4. The government regulates the sequence of the order, the procedure to establish an economic organization to implement the investment project of foreign investors, the economic organization that has foreign investment capital.

What? 24. Investment in capital form, purchasing shares, part of which contributes to the economic organization.

1. The investor has the right to a capital, buying shares, which contributes to the economic organization.

2. Foreign investor investment in the form of capital, purchasing shares, which contributes to the economic organization implemented by regulation at Article 25 and Article 26 of this Law.

What? 25. Form and conditions that contribute, purchasing shares, part of which contributes to the economic organization

1. The foreign investor is contributing to the economic organization in the following forms:

a) Buy the first release share or share of the additional release of the holding company;

b) Contributs capital to the LLC, the company that is in the name;

c) Contributs to other economic organizations that do not belong in the specified case at the point a and this b point.

2. Foreign investor buys shares, which contributes to the economic organization in the following forms:

a) Buy shares of the holding company from the company or shareholder;

b) Purchase the capital portion of the LLC members to become a member of the limited liability company;

c) Buy the contributing portion of the capital membership in the company of the name to become a member of the company's capital;

d) Buy the portion of the contribution of the other economic organization member that does not belong to the specified case at points a, b, and c.

3. Capital contributions, purchase of shares, the contribution of foreign investors in terms of regulation at paragraph 1 and paragraph 2 This must meet regulatory conditions at point a and point b 1 Article 22 of this Law.

What? 26. Procedulated investment in capital form, share purchase, share of capital

1. An investor who performs a capital registration procedure, purchasing shares, which contributes to the economic organization in the following cases:

a) A foreign investor that contributes, purchasing shares, which contributes to the economic organization operating in the industry, business investment in terms of applicable conditions for foreign investors;

b) Capital acquisition, equity purchase, portion of capital to foreign investors, the economic organization stipulated at 1 Article 23 of this Law holds from 51% of the economic organization's capital.

2. Capital registration filing, share purchase, portion of the contribution:

a) A document of capital registration, equity purchase, part of which includes content: information about the economic organization that the foreign investor expects capital, purchase of shares, portion of capital; the equity rate of foreign investors after funding, purchasing shares, It ' s a part of the economic organization;

b) A copy of the identity of the people, identity card, or passport to the investor is the individual; the copy of the Certificate of Establishment or other equivalent document confirms the legal status of the investor.

3. The procedure to register for capital, purchase of shares, portion of the contribution:

a) The investor submit a regulatory filing at paragraph 2 This at the Department of Planning and Investment where the economic organization is headquartered;

b) The case of a donation, purchase of shares, the contribution of foreign investors to meet the regulatory conditions at point a and point b 1 Article 22 of this Law, the Department of Planning and Investment notified by writing in a 15-day period from the date of receiving enough records to Investors make changes to shareholders, members of law enforcement. The case did not meet the conditions, the Department of Planning and Investment notified the investor and stated the reason.

4. The investor is not part of the stipulated case at paragraph 1 This does the procedure of changing the shareholder, membership in accordance with the law of law, in capital, to buy shares, the capital portion of the economic organization. Where there is a need to register for capital gains, share purchase, the capital portion of the economic organization, the investor is in accordance with the regulation at paragraph 3 This.

What? 27. Investment in the form of PPP contract

1. The investor, the project business contracting PPP contracts with a state agency with jurisdiction to implement a new construction investment or renovation project, upgrade, expand, manage and operate infrastructure structures or provide public services.

2. The government provides detailed area details, conditions, procedures that implement the investment project in the form of PPP contracts.

What? 28. Investment in form of BCC contract

1. The BCC contract is signed between domestic investors in accordance with the provisions of the civil law.

2. The BCC contract is signed between domestic investors with foreign investors or between foreign investors who implement a Certificate of Investment Certificate in accordance with provisions at Article 37 of this Law.

3. The parties to the BCC contract form the coordinating board to implement the BCC contract. The function, the mandate, the powers of the coordinating board due to the parties of the agreement.

What? 29. BCC contract content

1. The BCC contract consists of the following principal content:

a) Name, address, representative of the authority of the parties to the contract; the address of the transaction or address of the project execution;

b) Goals and scope of business investment;

c) Contributs to the parties to the contract and divide the results of business investment between the parties;

d) Progress and duration of contract execution;

Power, duty of the parties to the contract;

e) Correction, transfer, termination of contract;

g) Responsible for breach of contract, method of dispute resolution.

2. During the implementation of the BCC contract, the parties to the contract are agreed to use the assets formed from the business partnering to establish the business under the law of the business of the business.

3. The parties to the BCC contract have the right to deal with other non-contrary content with the rule of law.

Item 2

THE PROCEDURE FOR INVESTING IN INVESTMENT

What? 30. The authority decides to chair the investment of Congress

With the exception of the competent decision-making projects of Congress under the law of public investment, Congress decided to invest its investment in the following investment projects:

1. The project is a major impact on the environment or potential for serious environmental impact, including:

a) Nuclear Power Plant;

b) The purpose of using national parks, nature reserves, landscape protected areas, forest research, scientific experimentation from 50 hectares; forests of origin from 50 hectares; forests of windshield, flying sand, waves, and waves. And to the sea, and to protect the environment from 500 hectares and upward; and the forest of the field is from 1,000 hectares.

2. Land use requires a transfer of the purpose of the use of the land from two or more cases to the scale of 500 hectares.

3. Migration resettled from 20,000 people back in the mountains, from 50,000 people back in other regions;

4. The project is required to apply the mechanism, special policy needs to be decided by Congress.

What? 31. The authority decides to chair the Prime Minister ' s investment

Except for the jurisdiction of the government to decide on the investment of the Prime Minister under the law of public investment and regulatory projects at Article 30 of this Law, the Prime Minister decides to advocated investing in the following projects:

1. The project does not differentiate the source of capital belonging to one of the following cases:

a) Migris resettled from 10,000 people back in the mountains, from 20,000 back in the other region;

b) airline construction and business; airline transport;

c) Construction and business of national seaport;

d) exploration, extraction, oil processing;

The business of betting, betting, casinos;

e) Proproducing cigarettes;

g) Development of industrial zone infrastructures, manufacturing zones, functional areas in the economic zone;

h) Building and golf business;

2. The project does not belong to the specified case at 1 Article which has an investment capital size from 5,000 billion or more;

3. The project of foreign investors in the fields of marine transportation business, telecom services business, network infrastructure, forest planting, publishing, journalism, establishment of scientific and technological organization, scientific and technological enterprise 100% foreign capital;

4. Other projects under the jurisdiction determine the investment or investment decision of the Prime Minister in accordance with the rule of law.

What? 32. The authority decides to chair the investment of the Provincial People ' s Committee

1. Except for the jurisdiction of the authority to decide on the investment of the Provincial People's Committee under the law of public investment and regulatory projects at Article 30 and Article 31 of this Law, the Provincial People ' s Committee decided to take an investment on the projects. The following:

a) The project is given by the State of the State, to the land lease not through auction, bidding or receiving transfer; the project has a requirement for transfer of the purpose of land use;

b) The project has the use of technology in the category of limited technology transferred by the rule of law on technology transfer.

2. The investment project stipulated at the point a paragraph 1 This is done in the industrial zone, the manufacturing sector, the high-tech sector, the economic zone that is well-suited to the already-granted jurisdiction, is not the provincial committee of the provincial community. Yeah.

What? 33. Profile, sequence, procedure decision-making of the investment of the Provincial People ' s Commission

1. The investment project record consists of:

a) The proposed text implementation of the investment project;

b) The copy of the identity of the people, identity card, or passport to the investor is personal; the copy of the Certificate of Establishment or other equivalent document confirms legal status to the investor is the organization;

c) Proposal for investment projects including content: investors who implement the project, investment goals, investment scale, investment capital, and capital, capital, deadline, investment, investment demand, investment needs, impact assessment, impact assessment, effect, and performance. the economy-the society of the project;

d) The copy one of the following documents: the investor 's closest 02-year financial report; the commitment to financial support of the parent company; the commitment to financial support of the financial institution; the guarantee of the investor' s financial competation; the capacity to persuade its capacity. The financier of the investor;

) Proposal for the need for land use; the project case does not recommend the State of the Land, lease land, allow for the purpose of transferring the purpose of land use, then filing a copy of the lease agreement or other document confirming that the investor has the right to use the site to implement the project. The investment.

e) The program on the use of technology for the regulatory project at B 1 Article 32 of this Law consists of contents: technology names, technology export, technology process schemes; primary engineering parameters, machine use status, equipment, and wire. the main technology.

g) The BCC contract on the investment project in the form of BCC contract.

2. The investor filed a regulatory filing at 1 Article for the investment registry.

In the 35-day period since the date of receiving an investment project, the investment registry must inform the investor.

3. During the 3-day period of work since the date of the receiving of the investment project, the investment registry sent records of the state agency's appraisal opinions regarding the specified content at paragraph 6.

4. In the 15-day period since the date of receiving an investment project, the agency is given the opinion of the opinion of the appraisal of the contents of its state management, and sending the investment registry.

5. The governing body for the land is responsible for providing a map extract; the regulatory body for the planning of providing planning information to make the basis of the appraisal under regulation at this Article in the 5-day period of work since the date of receiving the agency ' s request. register for investment.

6. In the 25-day period since the date of receiving the investment project record, the registry of the investment registry reports the Provincial People's Committee. Appraisal report content:

a) Information on the project included: information on investor, target, scale, location, progress of the project;

b) Evaluation of the response of investment conditions to foreign investors (if any);

c) Assessment of the suitcases of the investment project with the overall planning of economic development-society, industry development planning and land use planning; impact assessment, economic efficiency-the society of the project;

d) Evaluation of investment incentives and conditions of investment preferable (if available);

) Evaluating the legal base for the right to use the investment site of the investor. The land-based proposal, land lease, allows for the purpose of land-based purposes, to implement the need for land use, land conditions, land lease conditions, and allow for the purpose of land use by law of land;

e) Comment on the technology used in the investment project for the specified project at the point b 1 Article 32 of this Law.

7. During the 7-day period of work since the date of receiving the case and the appraisal report, the Provincial People ' s Committee decided to raise the investment, the case of refusing to inform written and stating the reason.

8. The content that decides to host the investment of the Provincial People ' s Committee includes:

a) The investor does the project;

b) The name, target, scale, investment capital of the project, the deadline for implementation of the project;

c) The location of the investment project;

d) Progress implementation of the investment project: progress in capital and mobiles of capital; basic building progress and the process of putting the work into operation (if available); the progress of each stage for the investment project has many stages;

The technology applied;

e) Incentives, investment support and applicable conditions (if any);

g) The validity deadline of the investment decision decision.

9. The government regulates the case details, the procedure of implementing the investment project appraisal provided by the Provincial People ' s Committee, which has decided to invest in investment.

What? 34. Profile, sequence, procedure decision-making decision of the Prime Minister ' s investment

1. The investor file an investment project for the investment registry where the investment project is implemented. Profile:

a) The prescribed record at paragraph 1 Article 33 of this Law;

b) The method of release of the face, migration, resettlement (if any);

c) The preliminary assessment of the environmental impact, environmental protection solutions;

d) Assessment of the impact, economic efficiency-the society of the investment project.

2. In a 3-day period of work since the date of receiving enough investment in accordance with the provisions of Article 1, the investment registry sent records to the Ministry of Planning and Investment and sent records of the state agency ' s opinion with regard to regulatory content at the site. Paragraph 6 Article 33 of this law.

3. In the 15-day period since the date received the opinion, the agency is consulted with opinions on the content of the state management range, sending the investment registry and the Ministry of Planning and Investment.

4. In the 25-day period since the date of receiving an investment project, the registry of the head of the Provincial People ' s Committee review, has the opinion of the appraisal of the investment project and to send the Ministry of Planning and Investment.

5. In the 15-day period since the date of receiving the prescribed text at paragraph 4 This, the Ministry of Planning and Investment organizes the investment project profile and sets up the appraisal report of the regulatory content at paragraph 6 Article 33 of this Law, the Prime Minister. They ' re going to make an investment decision.

6. The Prime Minister considers, deciding on an investment of the investment of the prescribed content at paragraph 8 Article 33 of this Law.

7. The government regulates the details of the profile, the sequence, the procedure for the investment of the investment project appointed by the Prime Minister.

What? 35. Profile, sequence, procedure decision-making, investment decision.

1. The investor file an investment project for the investment registry where the investment project is implemented. The profile consists of:

a) The prescribed record at paragraph 1 Article 33 of this Law;

b) The method of release of the face, migration, resettlement (if any);

c) The preliminary assessment of the environmental impact, environmental protection solutions;

d) The impact assessment, economic efficiency-the society of the project;

The proposed mechanism, the policy of particular (if any).

2. In the 3-day period of work since the date of receiving enough investment projects, the investment registry sends investment project records to the Ministry of Planning and Investment to report the Prime Minister to form the state appraisal Council.

3. In the 90-day period since the founding date, the Council of State appraisers of the state appraisal appraisal of the investment project and set up the appraisal report of the specified content at paragraph 6 Article 33 of this Law and the report of the Government Process appraisal.

4. At least 60 days before the opening day of the National Assembly session, the Government sent the filing of the decision to take an investment to the presiding body of the National Assembly.

5. The profile of the decision to invest in the investment consists of:

a) The government's equation;

b) The investment project record is prescribed at one Article;

c) The appraisal report by the Council of State appraisal;

d) Other documents are related.

6. Judges:

a) The meeting of the criteria for determining the project of the authority to decide on the investment of the investment of the National Assembly;

b) The need for implementation of the project;

c) The suitcases of the project with strategy, the overall planning of economic development-society, industry development planning, sector, land use planning, other resources;

d) The goal, scale, place, time, progress of the project, the need for land use, the way of release of the face, migration, relocation, the choice of the main technology, the solution of environmental protection;

Capital of capital, capital of capital,

e) Impact, economic efficiency;

g) Mechans, policy of particular; preferable, investment support and applicable conditions (if applicable).

7. The government and agency, the organization, the relevant individual responsible for providing full information, documentation for the appraisal; the program on matters of project content when the agency ' s presiding agency is required.

8. Congress review, through a resolution on the topic of investing in the following content:

a) The investor does the project;

b) Name, target, scale, investment capital of the project, advance to capital and mobiles of capital sources, duration of project execution;

c) The location of the investment project;

d) Progress implementation of the investment project: basic building progress and putting the work into operation (if available); progress on the operational objectives, the principal category of the project; the implementation of the project execution phase, which must rule on objectives, deadline, time, etc. the active content of each stage;

The technology applied;

e) Mechanic, policy of particular; preferable, investment support and applicable conditions (if any);

g) The validity of the resolution of the resolution on the investment of investment.

9. The government regulates the details of the case, the sequence, the procedure that performs the appraisal of the investment project of the State appraisal Council.

Section 3

LEVEL PROCEDURE, ADJUSTMENT AND RECOVERY

INVESTMENT REGISTRATION CERTIFICATE

What? 36. The case of implementation of the Investment Certificate Certificate

1. The cases must make the Certificate of Investment Registration Certificate:

a) The investment project of foreign investors;

b) The investment project of the economic organization stipulated at 1 Article 23 of this Law.

2. The cases do not have to implement the investment registration Certificate procedure:

a) The investment project of the investor in the country;

b) The investment project of the economic organization stipulated at paragraph 2 Article 23 of the Law;

c) Investment in the form of capital, purchase of shares, the contribution portion of the economic organization.

3. For the specified investment project at the Articles 30, 31 and 32 of this Law, the domestic investor, the economic organization stipulated at paragraph 2 Article 23 of the Law implementing the investment project after being decided to invest in investment.

4. The case has a need for a Certificate of Investment Certificate for the specified investment project at the point a and point b 2 This, the investor who imples the Certificate of Registration Certification in accordance with the regulation at Article 37 of this Law.

What? 37. Certificate of Investment Registration Certificate

1. For the decision-to-head investment project in accordance with regulation at the 30, 31 and 32 rules of this Law, the investment registry issued a Certificate of Investment Registration for the investor in a 5-day period of work since the date of receiving the text. decided to keep an investment in mind.

2. For the non-designated investment project by regulation at the 30, 31, and 32 rules of this Law, the investor does the procedure to grant the investment registration certification in accordance with the following regulation:

a) The investor submit a prescribed filing at paragraph 1 Article 33 of this law to the investment registry;

b) In the 15-day period since the date of receiving enough records, the investment registry issued a Certificate of Investment Registration; the case refused to inform the investor's written notice and specify the reason.

What? 38. Authority to grant, adjust and revoking the investment registration certificate

1. Board of Industrial Sector Management, Manufacturing Sector, High Tech Sector, Economic Zone Reception, Level, Regulatory, Investment Certificate certification for investment projects in the industrial sector, manufacturing sector, high tech sector, economic zone.

2. The Department of Planning and Investment continues to receive, grant, adjust, revoking the investment registration certification for investment projects outside of the industrial sector, the manufacturing sector, the high tech sector, the economic zone, except for the specified case at paragraph 3 This.

3. The Department of Planning and Investment where the investor sets or is expected to place its headquarters or executive office to implement the investment, grant, adjusted investment project, revoking the investment registration certificate for the following investment project:

a) The investment project performed on the province of many provinces, the central city of the central city;

b) The investment project is in and out of the industrial zone, the manufacturing sector, the high tech sector and the economic zone.

What? 39. Content Certificate in Investment Certificate

1. The number of investment projects.

2. Name, address of the investor.

3. The investment project name.

4. The location of the investment project; the land area uses.

5. Target, scale of investment project.

6. The investment capital of the project (which includes the investment of the investor and the mobiles capitalization), advance to the capital and the mobiles of capital.

7. The operational deadline of the project.

8. Progress implementation of the investment project: basic building progress and putting the work into operation (if available); progress to perform operational objectives, the principal category of the project, the implementation of each stage implementation project, which must specify a target, deadline, time, etc. It ' s the active content of each stage.

9. Preference, investment support and base, applicable conditions (if available).

10. The conditions for the investor implement the project (if any).

What? 40. Regulatory of Investment Registration Certificate

1. When there is a need to change the content of the investment registration certificate, the investor performs the procedure to adjust the investment registration certificate.

2. The profile adjuvers the investment registration certificate including:

a) The proposed text adjuvers the investment registration certificate;

b) The intelligence deployment of the investment project to the time of the proposed investment adjustment project;

c) The decision on regulating investor investment;

d) Regulatory documents at points b, c, d, e, and e paragraph 1 Article 33 of this Law are related to regulatory content.

3. In the 10-day period of work since the date of receiving enough filing by regulation at paragraph 1 This, the investment registry regulates the Investment Registration Certificate; the case of refusing to adjust the Certificate of Registered Investing Certificate Must Be Notified. You know, the investment and the good reason.

4. For the project-based projects to make an investment decision investing, when adjusting for investment project involves the target, investment venue, main technology, increased or reduced investment capital above 10% of total investment capital, the implementation deadline, investor change or change of investment. exchange conditions for investors (if any), the investment registry made the decision to make an investment decision before adjusting the investment registration certificate.

5. The investor ' s proposed case of the regulation of a portfolio of registration certificates leading to a representative investment project must decide on an investment decision, the investment registry of the decision making the decision to make an investment decision before adjusting to the investment. A certificate for investment registration.

What? 41. Revenue of Investment Registration Certificate

1. The Investment Registry decided to revoking the investment registration Certificate in the event of an investment project terminated operating under Article 48 of this Law.

2. The government provides details of the sequence, the procedure to recover the investment registration certificate.

Section 4

IMPLEMENTING INVESTMENT PROJECT

What? 42. Make sure the investment project

1. The investor must sign the fund to ensure the implementation of the project by the State of the Land, for the lease of the land, to allow for the purpose of transferring the purpose of land use.

2. The fund level to ensure the implementation of the project from 1% to 3% of the investment capital of the project is based on the scale, properties, and the implementation progress of each specific project.

3. The guarantee of an investment fund is reimbursable to the investor in accordance with the progress of the investment project, unless the case is not reimbursable.

4. The government regulates this.

What? 43. The operational deadline of the investment project

1. The operational deadline of the investment project in the economic zone is no more than 70 years.

2. The operational deadline of the investment project outside the economic zone is no more than 50 years. The investment project performed at the site has a difficult economic-social condition, the place where economic-social conditions are particularly difficult or the project has a large investment but slow capital recovery is longer but not more than 70 years.

3. For the investment project being delivered by the State of the Land, the land lease but the slow investor is handed over the land, the time the State of the State is slow to deliver the ground not to take into account the operational deadline of the investment project.

What? 44. Machine monitoring, equipment, technology chain

1. The investor is responsible for ensuring the quality of machinery, equipment, the technology chain to implement the investment project under the rule of law.

2. In case it is necessary to ensure the implementation of the state management of science, technology or to determine the tax base, the state governing body has the authority to require the implementation of the quality independent examiner and the value of the machinery, equipment, wire. Technology.

What? 45. Transfer of Investment Project

1. The investor has a full transfer authority or part of the investment project for another investor in response to the following conditions:

a) Not one of the cases of termination of operation by regulation at paragraph 1 Article 48 of this Law;

b) In response to the investment conditions applicable to foreign investors in the case of a foreign investor receiving a branch of the sector, the investment profession is applicable to foreign investors;

c) Compact the conditions under the provisions of the land law, the law on the real estate business in the case of a project transfer attached to the transfer of the rights to the land;

d) Regulatory conditions at the Certificate of Investment Registration or by the other provisions of the relevant law (if any).

2. The case of transfer of the project under the Certificate of Investment Certificate of Investment, the investor filing as provisions in paragraph 1 Article 33 of the Law is accompanied by the investment project transfer contract to regulate the project's implementation of the project.

What? 46.

1. For the project to be issued an investment registration certificate or an investment decision, the investor must propose a written proposal to the investment registry when the expansion of the investment implementation, the construction progress and the main process of taking the main work into operation (if required). has); progress made the operational objectives of the investment project.

2. The content of advancing progress:

a) The operational situation of the investment project and the implementation of the financial obligation to the State since being granted a certificate of investment registration or decision-making investment to the time of the rate of progress;

b) The reason and the deadline for the progress of the project;

c) The plan to continue implementation of the project, including capital planning, basic construction progress and the inclusion of the project into operation;

d) The investor ' s commitment to the continued implementation of the project.

3. The total duration of the investment progress is no more than 24 months. The unimpediable case is the time to rectify the unimpediability consequence of the time of the investment.

4. In the 15-day period since the date of the adoption, the investment registry has a written opinion on the expansion of investment progress.

What? 47. pause, cease operation of investment project

1. The investment investor activity of the investment project must inform the investment registry. In the absence of an inoperable investment project, the investor is exempt from the lease of the land during the cessation of the operation to rectify the consequences due to the impossibility of resistance.

2. The state governing body on investment decides to stop or halt part of the operation of the investment project in the following cases:

a) To protect the remains, relics, artifacts, national conservation pursues to the provisions of the Cultural Heritage Law;

b) To rectify the environmental violation at the suggestion of the state authority governing the environment;

c) To implement labor safety guarantees under the recommendation of the state agency ' s governing body for labor;

d) By decision, the verdict of the Court, the Referee;

The investor does not make the right content of the investment registration certificate and has been treated for administrative violation but continues to violate.

3. The Prime Minister decides to stop part or the entire operation of the investment project in case of implementation of the project at risk of influencing national security at the request of the Ministry of Planning and Investment.

What? 48. End of operation of investment project

1. The investment project is terminated operating in the following cases:

a) The investor decided to end the operation of the project;

b) Under the conditions of termination of activity specified in the contract, the business charter;

c) The expiration of the investment project;

d) The investment project belongs to one of the specified cases at paragraph 2 and paragraph 3 Article 47 of this Law that the investor is unlikely to rectify the shutdown condition;

The State of the State of the State revoked the investment project by the State of the Country or not to continue using the investment site and did not implement the investment of the investment site in the 06-month period from the date of the decision to recover the land or not continue using it. the location of the investment;

e) The investment project has ceased operations and expires 12 months from the date of the shutdown, the investment registry is not in touch with the investor or the legal representative of the investor;

g) After 12 months that the investor does not implement or is unable to implement the project under the registration process with the investment registry and does not belong to the extent of the expansion of the investment project under the regulation at Article 46 of this Law;

h) According to the verdict, the Court ' s decision, the Referee.

2. The Investment Registry decided to end the operation of the investment project in the regulatory cases at the points d, e, g and h clause 1 This.

3. The investor self-liquits the investment project under the rule of law on the asset liquation when the investment project ends the operation.

4. Unless the case is renewed, the state-funded investment project and the investor does not liquorate the property attached to the land for the 12-month term since the date of the recovery of the land, the body that decided to revoking the land of the property liquing the property attached to the land.

What? 49. Founded the executive office of foreign investors in the BCC contract.

1. The foreign investor in the BCC contract was established as an executive office in Vietnam to implement the contract. The location of the operating office provided by the foreign investor in the BCC contract decided on a request for a contract implementation.

2. The executive office of the foreign investor in the BCC contract has a seal; is opened on account, employer recruitment, contracting and conducting business activities within the rights and obligations of regulation at the BCC contract and the Registration Certificate in the United States. It ' s an executive office.

3. The foreign investor in the BCC contract filed a registration profile establishing the executive office at the investment registry where the operating office is located.

4. Registration profile established the executive office:

a) The registration text establishing the executive office of the name and address of the representative office in Vietnam (if any) of the foreign investor in the BCC contract; name, executive office address; content, deadlines, the operating range of the operating office; They, the name, the residence, prove the people, ID cards, or passports of the head of the executive office;

b) The decision of the foreign investor in the BCC contract on the establishment of the executive office;

c) The copy decided to appoint the head of the executive office;

d) The copy of the BCC contract.

5. In the 15-day period since the date of receiving the prescribed record at paragraph 4 This, the registry of the investment registers the registration of the operating office operating office for foreign investors in the BCC contract.

What? 50. End of foreign investor ' s operating office activity in the BCC contract.

1. During the 7-day period of work since the date of the decision to end the operation of the executive office, foreign investors send a notification profile to the investment registry where the executive office is located.

2. File notification termination of operating office activity:

a) The decision to end the operation of the executive office in case the executive office terminated operation before the deadline;

b) List of creditors and debt paid;

c) The list of workers and the rights of workers has been resolved;

d) The tax authority ' s confirmation of the completion of tax obligations;

The social insurance agency ' s confirmation of the completion of the obligation on social insurance;

e) Confirification of the public office of the destruction of the seal;

g) Registration for operating office activity;

h) The copy of the Certificate of Investment Registration;

i) The BCC contract copy.

3. In the 15-day period since the date of receiving enough records, the investment registry decided to revoking the Registration Certificate Registration Certificate.

Chapter V.

OPERATING INVESTMENTS ABROAD

Item 1

GENERAL REGULATION

What? 51. Principles of implementation of investment abroad

1. The State encourages investors to implement foreign investment practices aimed at exploiting, developing, expanding the market; increasing the ability to export goods, services, foreign currency; access to modern technology, enhance management capacity and replenize the source of the market. economic development-the society of the country.

2. The investor who performs an investment activity abroad must comply with the provisions of this Law, the other regulation of the relevant legislation, the national law of the country, the territory that receives investment (later called investment recepts) and the international treaty that the Republic of China has. The Socialist Republic of Vietnam is a member; it is responsible for its effective investment in foreign countries.

What? 52. The first form of foreign investment

1. The investor performs an investment activity abroad in the following forms:

a) The establishment of the economic organization under the regulation of the law of water receiving investment;

b) Perform the BCC contract abroad;

c) Acquisition of a portion or all the charter capital of the overseas economic organization to participate in the management and implementation of business investment in foreign countries;

d) Buy, sell securities, other valuable paper or investment through securities investment funds, other intermediated financial institutions abroad;

Other forms of investment in the regulation of the law of water receive investment.

2. The government regulates the implementation of the prescribed form of investment at the point of a 1 Article.

What? 53. The source of foreign investment

1. The investor is responsible for the financing and mobiles of capital funds to carry out investment activity abroad. Foreign capital loans, capital capital transfers by foreign currency must comply with the regulation and procedure under the laws of the bank, on credit organizations, on foreign exchange management.

2. The target base of monetary policy, foreign exchange management policy in each period, the State Bank of Vietnam regulates the organization of credit, the foreign bank branch in Vietnam for investors who borrow capital by foreign currency in accordance with regulations. This one thing to do is to make the investment out of the country.

Section 2: THE PROCEDURE OF DECIDING ON INVESTING ABROAD

What? 54. The authority decides to chair investment abroad

1. Congress decides to advocated investing abroad for the following investment projects:

a) The project has capital investment abroad from 20,000 billion or more countries;

b) The project requires the application of the mechanism, special policy needs to be decided by Congress.

2. Except for the prescribed cases at 1 Article, the Prime Minister decides to advocated investing abroad for the following investment projects:

a) Project in banking, insurance, securities, newspapers, broadcasting, television, telecommunication, telecommunication, foreign investment from 400 billion or more countries;

b) The investment project is not in the case of regulation at this point that has invested overseas from 800 billion or more.

What? 55. Records, sequencing, the Prime Minister ' s procedure decided to proactively invest overseas.

1. Investors file an investment project for the Ministry of Planning and Investment. Profile:

a) The text of the registration of the investment abroad;

b) The copy of the identity of the people, identity card, or passport to the investor is personal; the copy of the Certificate of Establishment or other equivalent document confirms legal status to the investor is the organization;

c) Proposal for an investment project of: objective, scale, form, investment location; investment capital determination, capital mobilation, capital structure; project execution progress, investment stages (if available); preliminary analysis of the project's investment efficiency;

d) Copy one of the investor 's financial competability proofs: the investor' s closest 02-year financial report; the commitment to financial support of the parent company; the commitment to financial support of the financial institution; bail on the financial competability of the investor. the investor; the other document proves the investor ' s financial competability;

The self-balancing of the foreign currency or the text of the credit organization is allowed to commit foreign currency to investors;

e) The decision to invest abroad in accordance with Article 1 and paragraph 2 Article 57 of this Law;

g) For the project to invest abroad in the banking sector, securities, insurance, science and technology, investors file approval of the state agency ' s approval to meet the conditions of foreign investment in accordance with the provisions of the Law of the United States. organization of credit, securities law, science and technology law, insurance business law.

2. During the 3-day period of work since the date of receiving the investment project record, the Ministry of Planning and Investment sent the case to take the appraisal opinion of the relevant state agency.

3. In the 15-day period since the date of the receiving of the investment project, the agency is given the opinion of a appraisal opinion on the contents of the governing jurisdiction.

4. In the 30-day period since the date of receiving the investment project record, the Ministry of Planning and Investment organizes the appraisal and the report of the Prime Minister ' s presentation appraisal. The report is composed of the following content:

a) The issuing of the Certificate of Registration Certificate to foreign investment rules in Article 58 of this Law;

b) the legal status of the investor;

c) The need for investment in foreign investment;

d) The suitcases of the project with provisions at paragraph 1 Article 51 of this Law;

The basic content of the project: scale, form of investment, location, time, and progress of the project, capital investment, capital;

e) Assessment of the level of risk in the investment country.

5. The Prime Minister considers, the decision to chair the investment abroad, which includes the following content:

a) The investor does the project;

b) Target investment;

c) Investment capital, capital investment; capital progress, capital raising, and progress made in foreign investment;

d) Incentives and support (if any).

What? 56. Profile, sequence, procedure of Congress decision to master the investment abroad

1. Investors file an investment project under provisions at paragraph 1 Article 55 of this Law for the Ministry of Planning and Investment.

2. During the 5-day period of work since the date of receiving enough investment project records, the Ministry of Planning and Investment reported the Prime Minister to form the state appraisal Council.

3. In the 90-day period since the founding date, the Council of State appraisers organized the appraisal and set up the appraisal report of the specified content at paragraph 4 Article 55 of the Law.

4. At least 60 days before the opening day of the National Assembly session, the Government sent the filing of the decision to chair foreign investment to the presiding officer of the National Assembly. Profile:

a) The government's equation;

b) The prescribed investment project in paragraph 1 Article 55 of this Law;

c) The appraisal report by the Council of State appraisal;

d) Other documents are related.

5. Congress review, through a resolution on the topic of foreign investment, including the provisions stipulated at paragraph 5 Article 55 of the Law.

Section 3

LEVEL PROCEDURE, ADJUST AND END OF EFFECT

THE CERTIFICATE OF REGISTRATION OF THE INVESTMENT ABROAD

What? 57. The authority decides to invest abroad

1. The authority decides to invest in an investor ' s foreign investment is the state enterprise that imples the regulation of the law on management, using state capital invested in manufacturing, business at the business.

2. The investment of foreign investment does not belong to the specified case at paragraph 1 This is decided by the investor in accordance with the provisions of this Law, the Law of Business and the other provisions of the relevant law.

3. The investor and the representative body of the owner at the business by regulation at paragraph 1 and paragraph 2 This is responsible for the decision to invest abroad.

What? 58. Level Certificate of Certificate of Investment certificate abroad

1. The activity of foreign investment is consistent with the principle of regulation at Article 51 of this Law.

2. The investment of non-industry foreign investment, the prohibition of business investment in Article 6 of this Law.

3. The investor has a commitment to self-procurement foreign currency or credit organization that is allowed to commit foreign currency to make foreign investment activity; the case of foreign capital transfers that move abroad is equivalent to 20 billion or more or less. The project stipulated at Article 54 of this Law, the Ministry of Planning and Investment, is written by the Bank of Vietnam.

4. Have a decision to invest abroad by regulation at paragraph 1 and paragraph 2 Article 57 of this Law.

5. Have the text of the tax agency confirming the implementation of the investor ' s tax filing as of the time of the filing of the investment project filing.

What? 59. The procedure of issuing an investment certificate to foreign investment

1. For the Designated Investment Projects to decide on the investment of foreign investment, the Ministry of Planning and Investment Division certified a foreign investment register for investors in the 5-day period of work since the date of receiving the key decision text. It's an investment.

2. For the project that does not belong to the specified case at paragraph 1 This, the investor file a proposal to grant the Investment Registration Certificate to the Ministry of Planning and Investment. Profile:

a) The text of the registration of the investment abroad;

b) The copy of the identity of the people, identity card, or passport to the investor is personal; the copy of the Certificate of Establishment or other equivalent document confirms legal status to the investor is the organization;

c) The decision to invest abroad pursuits to paragraph 1 and paragraph 2 Article 57 of the Law;

d) The text of the commitment to self-balance of foreign currency or text of the credit organization is allowed to commit foreign currency to the prescribed investor in paragraph 3 Article 58 of this Law;

For the project to invest abroad in the banking sector, securities, insurance, science and technology, the investor file approval of the state agency ' s approval to meet the conditions of foreign investment in accordance with the provisions of the Law of the United States. organization of credit, securities law, science and technology law, insurance business law.

3. In the 15-day period since the date of receiving the prescribed record at paragraph 1 This Article, the Ministry of Planning and Investment issued a Certificate of Investment Certificate abroad. The refusal to issue an investment certificate to foreign investors must notify the investor in writing and specify a reason.

4. The government provides details of the procedure for the appraisal of the investment project abroad; level, regulation, termination of the validity of the Certificate of Registration Certificates abroad.

What? 60. Content Certificate of Certificate in Foreign Affairs

1. The number of investment projects.

2. Name, address of the investor.

3. The investment project name.

4. Target, location of investment.

5. Investment capital, capital investment; capital advances, capital raising, and progress made in foreign investment.

6. The rights and obligations of the investor.

7. Preference and support for investment (if available).

What? 61. Regulatory of the Certificate of Investment Registration abroad

1. When there is a need to change the project content to foreign investment in relation to the investor to implement the project, the investment, target, scale, investment, investment capital, investment capital, investment progress, the use of investment, the use of profit to implement the investment project in China. Foreign, the investor filing a regulatory filing adjuvate the investment registration certification for the Department of Planning and Investment.

2. The profile adjuvers the investment registration certificate to include:

a) The proposed text adjustment of the Certificate of Registration Certificate to foreign countries;

b) The copy of the identity of the people, identity card, or passport to the investor is personal; the copy of the Certificate of Establishment or other equivalent document confirms legal status to the investor is the organization;

c) Report the operational situation of the investment project to the time of filing the filing of the portfolio registration certification abroad;

d) The decision to regulate the foreign investment project of the agency, organization, individual pursuits at paragraph 1 and paragraph 2 Article 57 of the Law;

The copy of the certificate for registration of foreign investment;

e) The tax agency ' s text confirmed the implementation of the tax filing obligation as of the time of filing a filing in the case of an increase in investment capital investment abroad.

3. The Ministry of Planning and Investment adjuvers the investment registration certification abroad for a 15-day period from the date of receiving sufficient records in accordance with Article 2 of this.

4. For the decision-based projects to invest abroad, when adjusting for regulatory content at paragraph 1 This, the Ministry of Planning and Investment made the decision to make a decision on the investment of investing abroad before adjusting the Certificate of Identification. Sign up for foreign investment.

5. The investor ' s proposed case of regulating the content of the Certificate of Investment Certificate abroad leads to a representative investment project that has to decide on the investment of foreign investment, the Ministry of Planning and Investment made the decision to make the decision. Foreign investment before adjusting to foreign investment certificates.

What? 62. End of the investment project abroad

1. The foreign investment project to end operations in the following cases:

a) The investor decided to end the operation of the project;

b) The expiration date of the investment project;

c) Under the conditions of termination of activity specified in the contract, the business charter;

d) The investor transfers the entire investment capital to foreign investors;

It is a 12-month deadline since the date of the issued a Certificate of Registered Investment to foreign investment that the investment project is not approved by the country, or the 12-month term from the date of the investment project being invested by the state's authority. approval that the investment project is not deployed;

e) A 12-month deadline since the date of being granted the investment registration certification that the investor does not perform or does not have the capacity to implement the project according to the registration progress with the state governing body and does not implement the investment adjustment procedure;

g) A 12-month deadline since the date of the tax or text decision-making report is equivalent in accordance with the regulation of the state law that receives the investment that the investor does not have a written report on the operational situation of the investment project;

h) The economic organization in foreign countries is dissolved or bankrupt in accordance with the regulation of the foreign law receiving investment;

i) According to the verdict, the Court ' s decision, the Referee.

2. The Ministry of Planning and Investment decided to end the validity of the Certificate of Registration Certificates abroad in the prescribed cases at 1 Article.

Section 4

DEPLOY INVESTMENT ACTIVITY OVERSEAS

What? 63. Open the investment capital account abroad

The transaction of money transfers from Vietnam abroad and from abroad to Vietnam in connection with foreign investment activity must be made through an open capital account at a credit organization permitted in Vietnam and must register at the Bank of Vietnam. The government of Vietnam follows the rule of law on foreign exchange management.

What? 64. Transfer of investment abroad

1. The investor is transferred to foreign investment to make an investment operation when responding to the following conditions:

a) has been granted a certificate of registration of the investment abroad, except for the specified case in paragraph 3;

b) The investment activity has been approved by the authority of the country to accept investment or licensing investment. The legal case of the country receives non-regulatory investment in the licensing of investment or investment approval, the investor must have a document that proves the right to an investment in the country to receive investment;

c) There is a specified capital account at Article 63 of this Law.

2. The transfer of capital investment abroad must comply with the laws of foreign exchange management, export, technology transfer and other regulation of relevant legislation.

3. The investor is transferred from foreign currency or goods, machinery, equipment to foreign affairs to serve in the survey, research, market exploration and other investment preparation activities according to Government regulation.

What? 65. Water transfer.

1. Unless the case of use of profit to invest in the foreign country by regulation at Article 66 of this Law, in the 06-month period from the date of the reported tax or text decision report of the same legal value under the regulation of the first law of water. The investor has to transfer all proceeds and other income from overseas investments in Vietnam.

2. In the statute of limitations on this 1 Article which has not transferred profits and other income to Vietnam, the investor must have a document reporting the Ministry of Planning and Investment and the State Bank of Vietnam. The rate of return for water returns is not more than twice, each time no more than 6 months and must be approved by the Ministry of Planning and Investment.

What? 66. Using a profit to invest overseas

1. The investor uses profits obtained from overseas investment to raise capital, expanding its overseas investment practices that must implement the procedure to regulate foreign investment certificates and reports the State Bank of Vietnam.

2. The for-profit case obtained from a foreign investment project to implement another investment project abroad, the investor must implement a Certificate of Registration Certification procedure abroad for that investment project and must register the capital account, advance to the investment. It ' s a capital transfer of money with the State Bank of Vietnam.

Chapter VI

STATE MANAGEMENT OF INVESTMENT

What? 67. State management content on investment

1. Board, disseminate and organizational implementation of the law of investment law on investment.

2. Build and organize strategic implementation, planning, planning, investment policy in Vietnam and investment from Vietnam abroad.

3. Total investment situation, assess the impact and the macroeconomic efficiency of investment activity.

4. Build, manage and operate the National Information System on Investment.

5. Level, adjust and revoking the investment registration certification, the Certificate of Investment Registration abroad, the decision to invest in investment, the decision to make an investment of foreign investment by regulation in this Law.

6. State management of the industrial zone, the manufacturing sector, the high tech sector and the economic zone.

7. Organization and implementation of an investment promotion.

8. Check, inspect and monitor investment activity; manage and coordinate investment management activities.

9. Guidability, assists, entanged resolve, investor requirements in the execution of investment activities; resolve of complaint, denounce, commendation, and breach of breach in investment activity.

10. Negotiations, signing international treaties related to investment activity.

What? 68. State management responsibility for investment

1. The United Government governs the state of investment activity in Vietnam and investments from Vietnam abroad.

2. The Ministry of Planning and Investment helps the Government to unify the state ' s management of investment in Vietnam and investment from Vietnam abroad.

3. Responsibility, the powers of the Ministry of Planning and Investment:

a) The government, the Prime Minister, approx strategy, planning, planning, policy on investment in Vietnam and investment from Vietnam abroad;

b) The executive order or agency has the authority to enact a law enforcement of the law on investment in Vietnam and the investment from Vietnam abroad;

c) The implementation of the implementation of the procedure for investment in Vietnam and investment from Vietnam abroad;

d) Guide, disseminalization, organization of implementation, tracking, examination, evaluation of the implementation of the law of the rule of law on investment;

General, assessment, report of investment in Vietnam and investment from Vietnam abroad;

e) Build, manage and operate the National Information System on Investment;

g) presided over, in coordination with relevant agencies in monitoring, evaluation, inspection of investment activities in Vietnam and investment from Vietnam abroad;

h) The authority to decide whether the suspension of the investment project has been granted, the correct adjustment of authority, contrary to the rule of law on investment;

i) State management of the industrial zone, the manufacturing sector, the economic zone;

l) State management of investment promotion and coordination coordination of investment in Vietnam and abroad;

l) Negotiations, signing international treaties related to investment activity;

m) Perform other duties, other powers on management of investment activity under the government's division and the Prime Minister.

4. Responsibility, the powers of the ministries, the peer-to-peer body:

a) In coordination with the Ministry of Planning and Investment, ministries, peer agencies in the construction of legislation, policy relating to investment activity;

b) Host, coordination with ministries, peer-to-peer agencies in the construction and promulgation of law, policy, standards, technical regulation and implementation guidelines;

c) The government enacted under the jurisdiction of the investment conditions for the industry, the prescribed profession at Article 7 of this Law;

d) presided over, in coordination with the Planning and Investment Building Planning, Planning, portfolio that attracted the industry's investment capital; advocacy organization, professional investment promotion;

Participating in the appraisal of investment projects in case of the decision to invest in the provisions of the Law;

e) Monitoring, evaluation, professional inspection of the provision of investment conditions and state management on the investment project of the jurisdiction;

g) Chair, in coordination with the Provincial People ' s Commission and ministries, the troubled and difficult settlement of the investment project in the field of state management; the allocation of devolves, authorship to the Board of Industrial Sector Management, the manufacturing sector, the technology sector. high, the economic zone that performs state management duties in the industrial zone, the manufacturing sector, the high tech sector, the economic zone;

h) periodically evaluating the economic-economic efficiency of the investment project within the state management range and sending the Ministry of Planning and Investment;

i) Mainhold, updating the investment management information system for the sector to be assigned and integrated into the National Information System on investment.

5. Responsibility, the powers of the Provincial People ' s Committee, Department of Planning and Investment, Board of Directors of Industrial Areas, Manufacturing Zones, High Tech Sector, Economic Zone:

a) Coordinated with ministries, peer-to-peer agencies and the publication of the Project Catalogue of Attracting Investment in the Local;

b) Host implementation of the level procedure, adjust and revoking the investment registration certificate;

c) Implemucing the state management function on the jurisdiction of the jurisdiction;

d) in accordance with the authority or the authority with authority to address the difficulties, the entangled of the investor;

) periodically evaluate the investment activity on the site and report the Ministry of Planning and Investment;

e) Mainer, updating the National Information System on investment in the field of being assigned;

g) Command the organization, monitor and evaluate the implementation of the investment report regime.

6. Vietnam ' s representative body abroad is responsible for monitoring, supporting investment and protection of rights, the legitimate interests of Vietnamese investors in the country receiving investment.

What? 69. Monitoring, Investment assessment

1. Supervisor Activity, Investment assessment:

a) Monitoring the investment project;

b) Monitoring the overall investment.

2. Responsible monitoring, investment assessment:

a) Congress, the People ' s Council of the Nations to exercise the right to oversee investment in accordance with the rule of law;

b) The state governing body for investment, the state governing body specialized in implementing oversight, evaluation of the overall investment and oversight, assessment of the investment project within the management range;

c) The supervising investment registry, evaluating the investment project under the jurisdiction of the Certificate of Investment Registration;

d) Within the scope of the mission, its jurisdiction, the National Front of the Fatherland, the organization of the organization to oversee the investment oversight of the community.

3. The monitoring content, evaluating the investment project:

a) For the investment project using state capital to invest in business, the state governing body for investment, the state governing body that specializes in oversight of the oversight, assessment of the project by content and criteria approved at the investment decision;

b) For the project to use other capital, the state governing body for investment, the specialized state governing body that conducts oversight, assessment of the target, the suitcases of the project with the planning and advocated investment has been granted the authority to approve, progress. Investment, the implementation of environmental protection requirements, land use, other resources under the rule of law;

c) The investment registry makes oversight, evaluation of regulatory content at the Investment Registration Certificate, the decision-making writing of investment.

4. The monitoring content, the overall assessment of the investment:

a) The promulgation of the rule of law rules the details and guidelines of the implementation and implementation of the provisions of the law on investment;

b) The execution of investment projects;

c) Evaluation of the results of the investment implementation of the country, ministries, peer and local agencies, the investment-based investment projects;

d) The state management agency of the same level, the state governing body on investment in terms of investment assessment and the handling of the inaction and breach of the law on investment.

5. The agency, the organization that performs the self-implementation assessment or the expert lease, the consulting organization has sufficient conditions, capacity to evaluate.

6. The government regulates this.

What? 70. National Information System on Investment

1. The national information system on investment includes:

a) the national information system for investment in the country;

b) The national information system for foreign investment in Vietnam and Vietnam ' s investment abroad.

2. The Ministry of Planning and Investment, in coordination with the relevant agencies to build and operate the National Information System on Investment; assessing the operation of the system of the state governing body on investment in central and local.

3. The state governing body for investment and investor is responsible for full, timely, timely, accurate information regarding the National Information System on Investment.

4. Information on the investment project stored at the National Information System on Investment with Legal Value is the original information on the investment project.

What? 71. Report.

1. The object execution mode:

a) The ministry, the peer agency, the Provincial People ' s Committee;

b) Investment Registry;

c) The investor, the economic organization that implement the investment project under the provisions of this Law.

2. recurring report mode:

) Every month, every year, every year, every year, investor, economic organization implementing an investment project reporting investment registrants and a statistical agency on the site of a situation to implement investment projects, including content: capital investment, investment results. business, information on labor, filing of state budgets, investments for research and development, environmental processing and protection and industry-based indicators;

b) Every month, every year, every year, every year, the investment registry reports the Ministry of Planning and Investment and the Provincial People's Committee on the situation to accept, grant, adjust, revoking the investment registration certificates and the operational situation of investment projects. management;

c) Every year, every year, the People's Committee of the People's Department of General Affairs, reports the Ministry of Planning and Investment on the investment of the situation;

d) Every year, every year, the ministries, the peer-to-peer agency report on the degree of urgency, adjust, revoking the investment registration certificate or other equivalent value of the equivalent of the management scope (if any); the report on investment activity related to the scope of management of the industry and sending the Ministry of Planning and Investment to aggregate of Government Prime Minister;

Every year, every year, the Ministry of Planning and Investment reports the Prime Minister about the investment situation across the country and reports on the situation to implement the investment reporting regime of the regulatory bodies at 1 Article.

3. Agency, investor, and economic organization carry out the report in writing and through the National Information System on Investment.

4. Agency, investor, economic organization stipulated at 1 This makes the report of a report when there is a request by the state authority to have jurisdiction.

5. For projects that do not belong to the Investment Registration Certificate, the investor reported the investment registry before the start of the investment project.

What? 72. The regime report operating investment in foreign countries.

1. The object execution mode:

a) The ministry, the peer agency, the Provincial People ' s Committee;

b) The investment registry abroad;

c) The investor performs the investment project under the provisions of this Law.

2. The report mode of the ministries, the peer-to-peer agency, the Provincial People ' s Committee:

a) A period of 6 months and every year, the ministries, the peer-to-peer agency, the Provincial People's Committee, has been reporting the state management situation to foreign investment activity according to the function, its mandate to the Ministry of Planning and Investment, reported the Prime Minister. -

b) periodically, every year, the Ministry of Planning and Investment reports the Prime Minister on the situation of investment in the country and its assessment of the assessment of the situation to report the operational management situation to the foreign investment of the agency, the organization, the fish. I mean, the rules are on this one.

3. investor reporting mode:

a) In the 60-day period since the date of the approved or licensed investment project by the law of foreign law, the investor must send written notice of the implementation of the foreign investment activity accompanied by a copy of the accepted text. The investment project or investment certificate authority in the country receives investment for the Ministry of Planning and Investment, the State Bank of Vietnam, the Vietnam Representative Agency in the country to receive investment;

b) A quarterly, yearly, investor to report the operational situation of the investment project to the Ministry of Planning and Investment, the State Bank of Vietnam, the Vietnam Representative Agency in the country to receive investment;

c) In the 06-month period from the date of the reported tax or text decision report of the same legal value as prescribed by the law of the state of investment, the investor reported the operational situation of the investment project accompanied by financial statements, the report said. Tax or text accounting has the same legal value as prescribed by the law of the state to receive investment to the Ministry of Planning and Investment, State Bank of Vietnam, Ministry of Finance, Vietnam Representative Agency in the country to take on investment and the state governing body. The state has jurisdiction over the provisions of this Law and the other regulation of the relevant law;

d) For the foreign investment project that uses state capital, in addition to the implementation of the regulatory reporting regime at points a, b and c this paragraph, the investor must implement an investment report regime under the regulatory law of management, using state capital of state capital. In manufacturing, business in business.

4. Report specified in paragraph 2 and paragraph 3 This is done in writing and through the National Information System on Investment.

5. The agencies, organizations, and investors stipulate at 1 Article implementing a report-based breakthrough report required by the state agency to have a request regarding state management or development issues related to the investment project.

Chapter VII.

THE ORGANIZATION.

What? 73.

1. Organization, individuals whose behavior violates the rules of this law, according to the nature, the degree of violation that is subject to disciplinary action, sanctipated the administrative breach, or being prosecuted for criminal responsibility; the cause of the damage must be compensated by the law. the law.

2. The person taking advantage of the office, the right to impede business investment, has noise-based, disturbing behavior towards investors, without law enforcement, according to the nature of the law, the extent to which the breach is disciplined or prosecuted. It's a criminal operation.

What? 74. transfer clause

1. The investor has been granted an Investment License, the Certificate of Investment Certificate prior to the Law effective date of the implementation of the investment project under the Investment License, the Certificate of Investment Certificate has been issued. In case of request, the investment registration agency changes to the Investment Registration Certificate for the investor.

2. The investor who has made an investment project before this Law is valid in the case of the granting of a Certificate of Investment Registration, or a representative of the decision to make an investment decision under the provisions of this law, not the procedure of issuing a Certificate of Identification. The investment register, the investment decision. In the case of the need for a Certificate of Investment, the investor performs the procedure as prescribed in this Law.

3. Terms of business investment regulation in the laws of the law enacted prior to the law is enforced, as opposed to the regulation at paragraph 3 Article 7 of the Law expires since 1 July 2016.

4. The government regulates the 1 and paragraph 2.

What? 75. Modified, add paragraph 1 Article 18 of the High-tech Law 21 /2008/QH12

Paragraph 1 Article 18 of the High-tech Law is amended, the addition is as follows:

" 1. The high-tech business must meet the following criteria:

a) The production of high-tech products in the portfolio of high-tech products is encouraged to develop regulations at Article 6 of this Law;

b) Apply environmental-friendly measures, energy savings in manufacturing and management of product quality at standard, Vietnam 's technical regulation; the unstandard case, Vietnam' s technical standards apply to the standard of the product, and its standards. the international organization;

c) Other criteria by the regulation of the Prime Minister. "

What? 76.

1. This law took effect from 1 July 2015.

2. Digital Investment Law 59 /2005/QH11 And the digital resolution. 49 /2010/QH12 of the National Assembly of the National Assembly on the project, the National Assembly of the National Assembly decided to hold its first investment in effect since the day of the law came into effect.

3. The government, the authorities with the authority to regulate the details of the provisions, the clause is delivered in the Law.

The law was appointed by the National Assembly of the Socialist Republic of Vietnam XIII, the 8th session through November 26, 2014.

President of Congress.

(signed)

Nguyen Gung Xiong