PHỦQuy DECREE Decree detailing implementation of the law on foreign investment in Vietnam PHỦCăn MAIN government organization law on September 30, 1992;
Pursuant to the law on foreign investment in Vietnam on November 12, 1996;
Pursuant to the law enacting the legal text on November 12, 1996;
According to the recommendation of the Minister of planning and investment;
 DECREE: chapter I REGULATIONS CHUNGĐiều 1. This Decree detailing implementation of the law on foreign investment in Vietnam on 12 November 1996. Investment in Industrial Zones, export processing zones, investment under construction contract-business-transfer (abbreviated as BOT), build-transfer-business (abbreviated as BTO) the contract to build-transfer (abbreviated as BT) comply with the provisions of this Decree and other documents of the Government on industrial zones, export processing zones, BOT, BTO and BT. international credit activities, activities of foreign company branch in Vietnam , the form of indirect investment and other trade not in scope of this Decree.
Article 2. The participants cooperate under the provisions of the law on foreign investment in Vietnam are: 1-Vietnam business: State enterprise was established under the State enterprise law;
The cooperative was established under the law on cooperatives;
Businesses of social-political organization;
The business was established by the corporate law;
The business was established by law on private enterprises.
2-the organizations of Vietnam in the object referred to in Article 65 of the law on foreign investment in Vietnam meet the conditions stipulated by the Government.
3-foreign investors.
4-business for foreign investment.
5-Vietnamese who settled abroad.
6-competent State agencies contracting of BOT, BTO and BT. Article 3. Based on the planning, the orientation of social-economic development in each period, the Ministry of planning and investment in cooperation with the ministries and people's committees, the central cities (hereafter referred to as the provincial people's Committee) process and the decision of the Government to publish the list encouraged investment project portfolios, investment incentives, special projects to encourage investment, the portfolio of investment conditions and the list of fields not Licensor investment.
Article 4. The State Agency has the authority to license investment stipulated in article 55 of the law on foreign investment in Vietnam is: Ministry of planning and investment;
The provincial people's Committee are qualified according to the decision of the Government hierarchy.
On the basis of the proposal of the provincial people's Committee, the base condition of each Industrial Zone Management Board, Ministry of planning and investment, the Prime Minister's decision to the Ministry of planning and investment authorisation for the Board of management of industrial investment license for investment projects in the Industrial Area.
Article 5.
1-In investment activities in Vietnam, the participants cooperate stipulated in article 2 of this decree must comply with the provisions of the law on foreign investment in Vietnam, the provisions of this Decree and the related provisions of the law of Vietnam.
2-in the case of Vietnam does not yet have legislation regulating the adjustment of relations on foreign investment in Vietnam, then the parties may agree in the contract the application of foreign law, but the agreement was not contrary to the provisions of the law of Vietnam.
Article 6. Investment project profiles and documents dealing with the official Vietnam State agencies must do by South Vietnamese or South Vietnamese and foreign languages.
 
CHAPTER II the FIRST FORM TƯĐiều 7.1-business cooperation contract was signed between the two texts or multiple parties (hereafter referred to as the side business) liabilities and provisions divided the business results for each party to conduct investment business in Vietnam without established entity.
The commercial contract and contract delivery of material retrieved products, equipment purchase contracts and other contracts that don't perform split profits or business results not in scope of this Decree.
Business cooperation contract in the field of exploration, oil and gas extraction, and a number of other resources in the form of production sharing contracts are made according to the provisions of the law on oil and gas, the relevant law and the law on foreign investment in Vietnam.
2-business cooperation contract by authorized representatives of the parties sign business.
Article 8. Business cooperation contracts must have the following principal contents: 1-nationality, address, authorized representatives of the parties.
2-objectives and scope of the business.
3-contributions of the parties, the Division of business results, the progress of implementation of the contract.
4-main products, the rate of exports and domestic consumption.
5-duration of the contract.
6-rights, obligations of the parties.
7-modification and termination of the contract, the conditions for the transfer.
8-dispute resolution.
Business cooperation contract with effect from the date of being granted the investment license.
Article 9. In the course of business, the business side of the agreement established the Coordinating Committee to monitor and supervise the implementation of the business cooperation contract. The Committee for the coordination of business cooperation contract is not the legal representative for the party.
The functions, duties and powers of the Board coordinated by the parties to the agreement.
Article 10. Application for license for investment projects in the form of business cooperation contract including: 1-an application for licensing investment.
2-business cooperation contract.
3-text confirming legal status, the financial situation of the parties.
4-technical-economic explanation.
5-the records prescribed in articles 38, 39, 45 and 83 of this Decree.
Article 11.
1-foreign Party service tax and other financial obligations according to the law on foreign investment in Vietnam; Vietnam-party service tax and other financial obligations according to the provisions of the law apply to domestic-invested enterprises.
2-each party is responsible for all business activities before the law of the Socialist Republic of Vietnam.
Article 12.
1-business venture is business was established in Vietnam on the basis of joint venture agreement signed between the parties or the party or Parties with Vietnam foreign parties to investment, business in Vietnam.
2-new venture business is business was established between business venture has been allowed to operate in Vietnam with foreign investors or to Vietnam or business-to-business venture, 100% foreign-owned businesses have been allowed to operate in Vietnam.
In special cases, the business venture can be established on the basis of the agreement signed between the Government of the Socialist Republic of Vietnam with foreign Governments.
3-business venture to be established in the form of limited liability company, have legal personality under the law from Vietnam; each side of the joint venture responsible for the other party, with the business venture within range of his shares to the capital.
4-business venture was established and operates licensed since the investment.
Article 13. Application for investment permit issuance in the form of venture business: 1-an application for licensing investment.
2-joint venture contract.
3-Charter business venture.
4-text confirming legal status, the financial situation of the parties to the joint venture.
5-technical-economic explanation.
6-the records prescribed in articles 38, 39, 45 and 83 of this Decree.
Article 14. Joint venture agreement must have the following principal contents:

1-nationality, address, authorized representatives of the parties to the joint venture.
2-objectives and scope of the business.
3-capital, capital, capital contribution rate, method of capital contribution and progress, the progress of the construction business.
4-main products, the rate of exports and domestic consumption.
5-duration of activity of the enterprise.
6-rights and obligations of the parties.
7-modification and termination of the contract, the conditions of the transfer, the end condition, dissolve the business.
8-dispute resolution.
Article 15. The Charter of joint-venture enterprises must have the following principal contents: 1-nationality, address, authorized representatives of the parties, the name, address of the business.
2-objectives and scope of the business of the business.
3-capital, capital, capital contribution rate, the modality and the progress of capital contribution.
4-the number, the composition, duties, and powers of the Board; the duties and powers of the Director General and the Deputy Director of the enterprise.
5-representative of the business before the courts, arbitration and Vietnam State agencies.
6-financial principles.
7-Division rate of interest and the holes for the side of the venture.
8-active duration, end and dissolved the business.
9-labor relations in enterprises, training plan managers, technical and professional workers.
10-procedure for amending the Charter business venture.
Article 16. In the course of activities if the parties to the joint venture agreement modifying and supplementing the terms of the joint venture agreement, the Charter business venture then the additional amendments which only takes effect after the licensing agency of the standard investment article 17 y..
1-the parties joint under the provisions of article 7 of the law on foreign investment in Vietnam.
2. Vietnam is Party mobilization of capital letters and the capital of enterprises and individuals in the country to have the appropriate rate in the capital of the business venture.
3-the value of the shares of each side by the parties to the agreement on the basis of the market price at the time.
4-foreign Party to join the venture business is raising capital by Vietnam money obtained from profits, liquidation, transfer of investment capital in Vietnam.
5-The Vietnam Side, which is equal to the value of land use rights must be based on the specific conditions of the project to ensure that land use and effective business.
Article 18.
1. the capital of the venture business by at least 30% of the capital; for construction projects of infrastructure in the region of the economic and social difficulties, investment projects in mountainous, remote areas, afforestation, this rate can be as low as 20% but have to be investment licensing body approved.
2-capital contribution rate of foreign Parties or of the parties to the venture by foreign parties to the agreement, but not lower than 30% of the capital of the business venture.
In the case of new venture capital contribution rate of the foreign investor is guaranteed the rate stated above.
In some cases, based on the areas of business, technology, markets, business performance and other economic and social benefits of the project, investment licensing bodies could consider allowing foreign Parties to join venture capital contribution rate as low as 20%.
3-for those important projects, when signing the contract, the parties to the joint venture agreement on the time, method and rate of growth of capital contributed by Vietnam in the Party capital of the venture business.
Article 19. Capital can be contributed in full once the creation of the business venture or each section in a reasonable time; the method of capital contribution and progress must be specified in the joint venture agreement and in accordance with the technical-economic award.
In case the parties do not venture capital contribution under the progress was committed without justifiable reasons, the Agency granted the investment license has the right to revoke the license of the investment.
Article 21. During the operation, the business venture was not reducing capital. The increase of capital, capital, capital contribution rate change of parties by the Board of venture business management decisions and must be licensed investment agency standard of medicine. Article 21.
1-the leader of the business venture is the Board. The Board consists of the Chairman of the Board, the Vice Chairman of the Board and the members.
The number of members of the Management Board, members of the joint venture parties, the appointment of the members, the election of the Chairman of the Board, appointed by the Director General and the Deputy Director is made according to the provisions of article 12 and article 13 of the Documents of foreign investment in Vietnam.
The election, appointment, appointment of the said members should be made at the latest within a period of 60 days from the date of being granted the investment license.
Chairman of the Management Board can cum General Director of venture business.
2-the term of the Board of the joint venture agreement by the parties, but not more than 5 years.
3-in the case of establishing a new business venture, venture business party at least 2 members of the Board and in which at least one Member is a citizen of Vietnam represents Vietnam Party within venture.
Article 22.
1-the Board meetings at least once each year. The meeting of the Board by the Chair of the Board is convened; extraordinary meetings are due 2/3 of the members of the management board or by one of the parties or by the Director General or the Deputy Director for requirements.
2-the meeting of the Board must have at least 2/3 of the members of the Board of representatives of the parties to the joint venture participants. The members of the Board may delegate in writing to the representative participated in the meeting and vote on behalf of the issues that have been authorized. Chairman of the Management Board is authorized to the Vice-President of the Board convening and chairing meetings of the Board.
Article 23.
1-Chairman of the Board has the authority and duty: convening and chairing the meetings of the Board;
Key role in the monitoring, urging implementation of the resolution of the Board.
2-Board members are not paid, but are entitled to allowances in relation to the activities of the Board because the Board decision. The expenses are accounted into the costs of the management of the business venture.
Article 24. The Director General and the Deputy General Director of joint-venture enterprises manage and operate daily work of your business venture. The Director General is representative for the business before the courts and State bodies Vietnam. The Director General or the Deputy Director of the Party's first Vietnam and Vietnam citizens resident in Vietnam. In the case of a joint venture only a Vice President, the Vice President serves as the Vice President.
The Board assign powers and tasks between the Director General and Deputy Director General. The Director General is responsible to the Board about the operation of the business venture. In the case of differing opinions between the Director General and Deputy Director General of the management and administration of the work of the business executive to the ceo's comments, but the first Vice General Director has the right to reserve his comments to give the Board of review , decided at a session near you.
Article 25.

1-based on the business, the nature of the project, the Board of the venture business management organization hired to manage the operations of the business.
Lease management is operating lease, manage, exploit works by the Contracting Parties to the agreement. The signing and implementation of the contract must be consistent with the provisions of the law of Vietnam.
The lease was not changing the management objectives, the scope of activities of the project are specified in the investment license. The lease manager must be granted the investment license Agency standard of health within 30 days from the receipt of the record. So the time limit on, if not the medical standards, investment licensing bodies notified in writing to the investor and stating the reason.
2-management organizations operate within the provisions of the lease management has been the medical standard. 3-the organisation managed to make the tax obligations and other obligations made under the current provisions of the law. Business venture is responsible on behalf of the governing body submits this taxes for the State of Vietnam.
4-in all cases, the venture business is responsible before the law on the activities of the Organization in implementing the management contract. The Director General and the Deputy Director of the business venture is responsible for supporting and monitoring the activities of the governing body.
Article 26. 100% business foreign investment enterprise is owned by foreign investors, led by foreign investors in Vietnam, self management and self responsible for business results.
100% business foreign investment capital was established in the form of limited liability company, have legal personality under the law of Vietnam.
100% business foreign investment capital was founded and operated since licensed investment.
Article 27. Application for investment permit issuance in the form of 100% business foreign investment include: 1-an application for licensing investment.
2-Charter business.
3-text confirming legal status, the financial situation of foreign investors.
4-technical-economic explanation.
5-the records prescribed in articles 38, 39, 45 and 83 of this Decree.
Article 28.
1-the capital of the business 100% foreign capital by at least 30% of the capital; for construction projects of infrastructure in the region of the economic and social difficulties, investment projects in mountainous, remote areas, afforestation, this rate can be as low as 20%, but must be the Agency approved investment license.
2-in the course of the operation, 100% business foreign investment cannot be reduced capital. The increase in capital, the investment by enterprises and the decision must be the Agency to license the standard investment. 3-for those important projects, the Ministry of planning and investment guide foreign investors capital transfer agreement for Vietnam business. The conditions, time and transfer rate is determined in the investment application.
Article 29. Charter of the 100% business foreign investment must have the following principal contents: 1-nationality, address, authorized representative of foreign investors, the name, address of the business.
2-objectives and scope of the business of the business.
3-capital, capital, capital contribution method, schedule and construction progress.
4-represent the business before the courts, arbitration and Vietnam State agencies.
5-financial principles.
6-duration of activity, and dissolved the business.
7-labor relations in enterprises, training plan managers, technical and professional workers.
8-procedure for amending the Charter business.
All revise and supplement the Charter 100% business foreign investment only in effect after the licensing agency of the standard investment article 30 y.. Who represents the 100% business foreign investment capital is General Manager of the business. If the President does not usually stay in Vietnam have to authorize your representative and the representative for the General Director must be resident in Vietnam.
Article 31.
1-time limit for the operation of the business, foreign investment and the term of the contract to cooperate due to investors in accordance with recommendation 17 of the law on foreign investment in Vietnam, investment licensing bodies and standards stated in the investment license.
2-term operation of business for foreign investment and the duration of the contract business is calculated from the date the licensed investment.
In the case of enterprises with foreign investment, the parties proposed business activities extend provisions in the investment license then the slowest is 6 months before the end of work period must submit to the licensing agency review investment decisions. Within 30 days from the date of the application for renewal, the Agency granted investment licenses to announce his decision. So the time limit on, if not the medical standards, investment licensing bodies notified in writing to the investor and stating the reason.
Article 32. Businesses have invested abroad, the parties must business publication reports central or local newspapers the main information is specified in the investment license. Content disclosure statements include: name, address of the parties to the joint venture, the business side or of foreign investors.
Objectives and scope of the business;
Capital, capital, capital of the enterprises, foreign-invested capital contribution rate of each party;
Representatives of the enterprise or business parties before the courts, arbitration and Vietnam State agencies;
Issued investment licenses, the duration of operation of the business or the time limit for implementation of business cooperation contract.
Article 33.
1-business for foreign investment, business cooperation contract termination of activity in the cases specified in article 52 of the law on foreign investment in Vietnam. Within 15 days of termination of activity, businesses have invested abroad, the business party to announce on the central message or the local newspapers about the termination of operations and conduct business asset liquidation, liquidation of the contract.
2-the deadline business liquidation, liquidation of the contract not exceeding 6 months after expiry of the activity or the decision to dissolve the business, ending the contract before the deadline. In special cases the necessary licensing agency standard investment y, this time limit may be extended, but not more than 1 year.
3-for business ventures, the latest within 6 months before the expiry of the operation or at the latest within 30 days after the decision to dissolve the business venture before the deadline, the Board is responsible for establishing enterprise liquidation Committee composed of representatives of the parties, decisions and regulations of the Board of mission liquidation. The liquidation Committee members can be selected in the employees of the business venture, or external experts business venture.
4-the liquidation of business cooperation contract, liquidated the assets of the business 100% foreign capital investment by the business side, foreign investors decide.
5-All costs of liquidation, liquidation business contracts by enterprises, business parties and payment priority compared to other obligations.
6-other obligations of the business, the business side is paid according to the following order of priority: salaries and social insurance costs that business, business parties owed workers;
Taxes and other financial obligations of the business, the business party with regard to the State of Vietnam;
Loans (including interest);

Other obligations of the business, the business side.
Article 34. The slowest is 30 days from the end of liquidation, businesses invested abroad, the parties responsible business investment licenses, filing reports, active profile for the licensing agency and filed for investment support. Liquidation report must be Licensing Agency standard investment. Investment permit agencies to revoke the investment license and notify the authorities.
Article 35. In case of dispute between the parties to the venture, the business side and among investors about the liquidation, investment licensing bodies decided to terminate the operation time limit has expired if the liquidation liquidation prescribed in article 33 of this Decree. The dispute about the liquidation will be handled according to the provisions of article 102 of this Decree.
The Agency granted the investment license decision to revoke the licence and informed investment decisions for the authorities.
Article 36.
1-the bankruptcy business for foreign investment are resolved according to the procedures stipulated by the law on enterprise bankruptcy.
2-in the process of liquidation, if it deems the business falling into bankruptcy, the handle property of the enterprise with foreign capital, the parties conducted business under the procedure of the law on enterprise bankruptcy.
 
CHAPTER III TRANSFER of technology, ENVIRONMENTAL PROTECTION and EQUIPMENT IMPORT, AIR MÓCĐiều 37.1-the Government of the Socialist Republic of Vietnam created favorable conditions and protection of the rights and legitimate interests of the parties to transfer the technology to implement investment projects in Vietnam; encouragement and incentives for rapid transfer of technology, especially advanced technology.
2-technology transfer into Vietnam to implement investment projects must meet the following requirements: a) is the technology to create new products and needed in Vietnam or production for export;
b) advanced technical features, product quality, production capacity;
c) save raw materials and fuel; exploitation and efficient use of natural resources.
Prohibiting the transfer of technology has adverse effects on the ecological environment, labor safety.
Article 38.
1-the transfer of technology was implemented in the form of capital contribution or buy the technology on the basis of technology transfer contracts. Technology transfer side must have a technology.
2-value technology transfer capital contribution by the parties to the agreement and in any case not to exceed 20% of the capital.
3-when the capital contribution with technology, the right file transfer technology. Profile technology transfer be sent attached project profiles please license investments and must have the documents related to industrial property, the degree of protection of the industrial property rights and the confirmation text about technical features, the principle value of technology agreement of the parties to the venture.
The capital contribution with technology should be State Administration about technology and the environment review approved.
4-the transfer of technology in the form of technology purchases are made on the basis of contracts of technology transfer under the provisions of the law on transfer of technology.
Article 39.
1-based on the nature of activity, level of technology and the extent of the environmental impact, the Ministry of science, technology and the environment announced the list of the projects is reporting environmental impact assessment.
The establishment and evaluation of the report reviews the environmental impact according to the provisions of the law on the protection of the environment.
2-for the aforementioned list project, in allowed investment, investors only need to explain the factors that can affect the environment, stated the solution process and is committed to protecting the environment in the process of building and running the business.
3 – where investors apply environmental standards International's advanced in the process of building and business activities in Vietnam, only need to register with the State Agency on technology and the environment.
Article 40.
1-equipment, machines, and materials imported into Vietnam to implement investment projects to ensure quality standards, in accordance with the production requirements, environmental requirements, occupational safety set out in the technical-economic award, design techniques and equipment import regulations machinery.
2-the equipment and machinery to implement investment projects must be of quality, value assessment prior to import or before installation.
3-for those projects that have completed the installation, construction works that have not yet conducted inspections under the provisions of this Decree, the assessment of the value of equipment and machinery by the Licensing Agency for investment decisions if it deems necessary.
4-implementation assessment of the value of imported machinery, equipment could be Vietnam inspection company, company assessment, the company 100% foreign assessment or inspection companies abroad. Investors must provide information to the Agency about the investment license examiner that his company of choice.
Authorities must bear the liability and material on the evaluation results. In the case of lower inspection results were values investors report, then investors must adjust the value to follow results. If investors have discovered the fraud, then depending on the extent the violation will be handled in accordance with the law.
5-in case of need, the Agency granted the investment license can specify the assessment or examination requested value of equipment and machinery imports.
 
CHAPTER IV the USE of the ĐẤTĐiều 41. Business for foreign investment and business parties are the State of the Socialist Republic of Vietnam to land rental, water, at sea level to implement investment projects and to pay the rent of the land, the water, the surface of the sea. Money and hire, reduce land rents, the water surface for each project are recorded in the investment license.
Article 42. Land rents, water, sea and the exemption, reduction of land rents, water, sea level due to the Ministry of finance regulations. Money leasing land, the water, the surface for each project to be kept a minimum of 5 years, when the adjusted increase, the increase does not exceed 15% of the prescribed levels.
For the project to pay land rents at the rate stipulated in the investment license before you decide to increase the land lease then continued to pay land rents at levels that have been specified in the investment license within the next 5 years from the date of the decision to increase land lease.
In the case of enterprises with foreign investment, the business side has to pay rent for the lease period of the land, the water, the sea or for each period, if the money had increased during which rental shall not pay the rents were adjusted again.
43 things. The case Vietnam-party join the venture business are allowed to contribute to the capital value of land use, the land use right value to capital contribution by the parties to the agreement on the base frame of the money land lease by the Ministry of finance regulations and is kept stable throughout the time commitment.
Vietnam-party is responsible for getting the debt to the State budget of which was contributed by the value of land use right and the responsibility to repay that debt to the State under the provisions of the Ministry of finance.
Article 44. The Prime Minister decided to lease the land for urban land use projects from 5 ha; other soil types from 50 ha. Chairman of the provincial people's Committee decided to lease the land for the project.
Article 45.

1-application for land lease attached application for licensing investment must have the following major contents: location, land use;
Money land lease by the provincial people's Committee proposed on the base frame of the money land lease by the Ministry of finance regulations;
Scheme to compensate, the clearance was provincial people's Committee approved principles.
2-the outdoor facility leasing land, the lease of land, granted land use right certificates made under the provisions of the local administration. 3-the case of capital contribution allowed by the value of land use, the Vietnam Side has the responsibility to complete the procedures for land use.
Vietnam State case for land lease, the provincial people's Committee where the project from the organization responsible to compensate the clearance, and complete the procedures for land rental.
4-for the land has been allocated for the Vietnam Party use, when foreign investment cooperation without changing the land use purpose after being licensed investment, the investor has the right to deploy immediately the procedures regarding the design, construction or perform other business activities under the current rules.
 
Chapter V ECONOMIC ORGANIZATION DOANHĐiều 46. Businesses have invested abroad, the business side has the right to decide on the program and its business plan according to the goals set forth in the investment license. Article 47.
1-within 60 days after being granted the investment license, business for foreign investment and business parties to perform import and export operations register and registration of products consumed in the country with the Ministry of Commerce.
2-based on provisions in the investment license, technical-economic explanation of enterprises, foreign-invested and the party registration business plans import of machinery, equipment, spare parts, supplies, raw materials ... (hereinafter goods) for the entire period of construction of the project, or itemized in accordance with the construction progress of the business. The plan to import can be added, adapted with money capital contribution level, progress, production and business program in January of each year and the annual fund.
3-based on provisions in the investment license, annual enterprise with foreign investment, the party registered business plan product exports, domestic consumption. In December of every year, the business and the parties to report the results of business plan, export and domestic consumption, the recommendations (if any) sent The while trade import and export planning and product sales for next year.
In the case of goods import and export plans and product consumption in the country need to be supplemented, adjusted on the number, types and value..., businesses invested abroad, the parties submitted a written business proposal to the Ministry of trade to consider the decision.
4-in the same trade conditions, businesses invested abroad, the business side the priority right to buy goods in Vietnam instead of imports.
5-on the basis of the investment license, based on the technical-economic award, design engineering and the regulations referred to in points 2, 3 and 4 of this Article, within a period of 15 days from the receipt of the Department of Commerce, browse the plan to import, export and domestic consumption for each project. Too duration on, if not approved, the Department of commerce must inform businesses, business parties and stating the reason.
Article 48.
1-businesses invested abroad, the parties made business activities or work-product back according to the goals set forth in the investment license; outsourcing contracts must be approved by the Department of Commerce.
2-Enterprise with foreign capital mostly export production was established in the tax warehouse businesses catering for the production of export goods. Goods brought into the tax warehouse of the enterprise not subject to import tax.
The business was established with the purpose of the tax warehouse above must ensure there are the conditions and procedures for the following: export of at least 50% of the products;
Bringing goods from a tax warehouse to the production facilities must be registered, the supervision of the Customs authorities;
Goods brought into the tax warehouse is not sold on the market of Vietnam. A special case is the Ministry of Commerce approved allowing sale in Vietnam market, businesses must pay import tax and other taxes under the current provisions of the law.
Goods brought into the tax warehouse if damaged, reducing the quality does not meet the requirements of production shall be recovered or destroyed. The destruction is in accordance with the provisions of the General Department of customs and subject to the supervision of the customs, tax authorities and environmental agencies.
General Department of Customs pursuant to the above regulations to guide the licensing established a tax warehouse in the enterprise and the implementation of the management, monitoring the operation of the tax warehouse.
Article 49. The mortgage, pledge, guarantee to ensure the implementation of the obligation of business to foreign investment, the business side is made in Vietnam banks or foreign banks and in accordance with the law of Vietnam.
Article 50. Businesses have invested abroad, the business side is business activity according to the purpose and scope specified in the investment license. For some sectors, the industry that the law must have a license to practice, then after the licensed investment, investors only need to register a business in the competent authority granted the license.
 
CHAPTER VI LABOUR RELATIONS ĐỘNGĐiều 51.
1-the use of labour in the business of foreign-invested and make business cooperation contract as defined in article 25 of the law on foreign investment in Vietnam.
When wishing to use foreign workers, businesses invested abroad, the business side need to explain the need to use foreign workers with occupational certification of foreign workers sent the Department of labor, invalids and Social Affairs Department, the city where the headquarters of the business to consider granting work permits in accordance with the labor legislation.
Article 52. All violations of labour legislation must be handled according to strict laws. The labour inspection authority is responsible for the inspection, check the issues related to labour conditions and the protection of the rights of workers in enterprises with foreign capital. 
CHAPTER VII THUẾĐiều REGULATIONS 53. Business for foreign investment and foreign business Parties filed income taxes with a tax rate of 25% of the profits are, except in the cases specified in article 54 of the Decree. For the field of the exploration and exploitation of oil and gas and some other precious and rare resource income tax provisions of the Petroleum Law and relevant laws.
Article 54. Income tax in the case of investment incentives are applied as follows: 1. the 20% for the project, one of the following criteria: exporting at least 50% of the products;
Use from 500 workers;
Cultivating and processing of agricultural products, forestry products, marine products;
Using advanced technology, investing in research and development;
Using many raw materials available in Vietnam; processing, efficient extraction of natural resources in Vietnam; production of products with high localization rates meet the requirements as specified for each sector.
Tax rate tax of 20% is applied in 10 years, since the project began operations manufacturing business.
2.15% for projects with one of the following criteria: export at least 80% of the products;

Investments in the field of metallurgy, basic chemicals, engineering, petrochemical, fertilizer manufacturing, electronic components, auto parts, motorcycles;
Construction-structural work business infrastructure (bridges, roads, water supply, electricity, building ports, ...);
Perennial industrial crops;
Investment in the region has natural conditions, socio-economic difficulties (including the hotel project);
No transfer of property for State reimbursement of Vietnam after the end of active period (including the hotel project);
The project has 2 in the conditions stated in paragraph 1 of this Article.
Income tax rate of 15% was applied in the 12 years since the project began operations manufacturing business.
3.10% with respect to the project: construction of infrastructure in the region have natural conditions, socio-economic difficulties;
Invest in mountainous, remote areas;
Forest planting;
The projects in the portfolio of special projects to encourage investment.
Income tax rate of 10% is applied in the 15 years since the project began operations manufacturing business.
With regard to investment projects according to the BOT, BTO, BT contract, the construction projects of infrastructure, Industrial Zones, export processing zones, investment projects in Industrial Zones, export processing zones, the income tax incentives referred to in this Article are applied throughout the duration of the project investment.
Article 55. The tax referred to in Article 54 of this Decree shall not apply to the hotel project (except investing in mountainous, remote areas, areas with natural conditions, socio-economic difficulties or no transfer of property for State reimbursement of Vietnam after the end of active period) the project, financial, banking, insurance, trade, service providers.
Article 56. The exemption, the tax reduction applies as follows: 1. The projects recorded in point 54 Article 1 of this Decree are tax return in 1 year from when trading with interest and 50% in the next 2 years.
2. The projects recorded in point 54 Article 2 of this Decree shall be exempt from tax in the 2 years since the business with interest and 50% in the next 3 years.
3. The projects recorded in point 3 Article 54 of this Decree shall be exempt from tax in the 4 years since the business with interest and 50% in the next four years.
4. The forest planting projects and construction projects of infrastructure in mountainous, remote areas; large scale projects and have a big impact for the social-economic Department of the special projects portfolio investment incentives are tax exempt in the eight years since the business with interest.
Long term, the tax reduction is calculated as from the first year of business with interest.
5. The exemption, the tax reduction on here do not apply to the hotel project (except in the case of investments in mountainous, remote areas, areas with natural conditions, socio-economic difficulties or no transfer of property for State reimbursement of Vietnam after the end of active period) investment projects, in the areas of finance, banking, insurance, trade, service providers.
6. investment projects in an outlined in article 53 of this decree if investment in the manufacturing sector, investment in rural areas can be considered exempt from income taxes in time must not exceed 2 years from when trading with interest.
Article 57.
1. The profits that foreign investors obtained by investing in Vietnam (including income tax amount be refunded due to reinvestment and the profits are due to the transfer of capital), if the transfer abroad or retained outside Vietnam are taxed to transfer profits abroad.
2. transfer tax profits abroad apply as follows:-5% of profits transferred abroad for foreign investors contribute capital or capital to business from the 10 million or more; -7% transfer of profits abroad for foreign investors contribute capital or capital to business from 5 million to 10 million USD;
10% of profits transferred abroad for foreign investors contribute capital or capital to business under 5 million.
3. transfer of profits Tax be levied each time turning a profit.
Article 58.
1. In the course of business, if the business foreign investment and foreign business Parties did not meet the standards to enjoy the preferential income tax rate and tax exemptions provided for in articles 54 and 56 of this Decree, the Agency granted the investment license would decide to adjust tax rates as well as the exemption tax reduction has been stipulated in the investment license.
2. business process in case there arise the condition such as natural disasters, fires, and other unforeseen conditions, the Ministry of finance to decide the exemption, the tax reduction under the current rules.
Article 59.
1. foreign investors taking profits are split to reinvest refundable income tax already paid by the number of reinvestment of profits if it meets the following conditions: reinvest in the projects in the field of investment incentives outlined in article 54 of this Decree;
Capital reinvestment is used from 3 years or more;
Have enough capital in the investment license.
2. The level of income tax refund due to reinvest as follows: 100% of the projects provided for in paragraph 3 to article 54 of this Decree;
75% for the projects specified in clause 2 Article 54 of this Decree;
50% for the project specified in paragraph 1 to article 54 of this Decree.
3. When required using the profits reinvested, foreign investors set up the Ministry of Finance records reviewed, decisions. The records include: a. application for reinvestment tax refund.
b. investment license or decide to modify, complement the investment license for reinvestment projects.
c. certificate of tax authorities about income taxes already paid.
4. Within 15 days of receiving the application, the Finance Ministry announced its decision for investors; in case of approval, investors are making tax refund procedure for part of its profits are used to finance investment. So the time limit stated above, if not approved, the Finance Ministry must inform investors in writing and stating the reason.
The case of reinvested profits is not put into reinvestment, then investors must pay income tax on the part of depression has been finalized, including interest and dealt with according to the provisions of the law.
Article 60. Tax year for enterprises with foreign investment and the business side of starting on January 1 and ending on December 31 of the calendar year.
Business for foreign investment and business parties can Finance Ministry proposal for the 12-month financial year applied to calculate and pay income taxes.
Article 61. The taxable income of the business for foreign investment is the difference between total revenues total expenditures plus the additional benefit of the business in the tax year minus the number of holes are transferred according to the provisions of article 40 of the law on foreign investment in Vietnam. Taxable income includes taxable income of the main base plus the taxable incomes of the extra base (if any) of the business.
1. The revenues include: Currency due to consumption of the product;
Revenue service providers;
Revenues of other businesses.
2-expenses include: expenses for raw materials and energy to the production of primary products, by-products or to provide the service;
Salaries and allowances, pay social insurance for workers;
Depreciation of fixed assets according to the regulations of the Ministry of finance;
Spending to buy or pay to use the technical documentation, patents, technology and technical services;
The cost management of enterprises;
Taxes, fees and charges payable tax nature (except income taxes);
The account pays interest on the loan;

The sums insured the assets of the business;
Other expenses, not to exceed 5% of the total cost;
The tax authorities have the authority to consider the reasonableness of the revenues spent. Article 62. For business cooperation contracts, the method of determining the Division of business results by licensing agency for investment decisions consistent with type of business partnership and the proposal of the business side;
With regard to production sharing contracts, income taxes and other benefits of Vietnam Party (including the value of land use, water, sea, resource taxes ...) may be included on the production sharing for the Vietnam Side.
Article 63.-1-Enterprise with foreign investment capital, business parties are under no imported taxes for: equipment and machinery imported to create fixed property of enterprises or to create fixed asset make business cooperation contracts;
The means of transport lies in the technology to make the fixed assets of the business or to create fixed asset make business cooperation contract and the means of transport used to shuttle workers (cars from 24 seats or more, medium Hydro);
Component parts, details, disconnected parts, spare parts, jigs, moulds, accessories comes with the equipment, machinery, means of transport, means of transport mentioned above.
The duty-free import of equipment, machinery, means of transport mentioned above is applicable to both cases expansion project, replace, for new technology;
Raw materials, supplies to make the project BOT, BTO, BT;
The seed, livestock breeds, special cosmetics permission to carry out projects in agriculture, forestry, fishery. -Other materials, goods for special projects to encourage investment by decision of the Prime Minister.
2-for raw materials, parts, extra objects and means imported to manufacture exported goods when imported into Vietnam must pay tax on the import and export of finished products is completed when taxes proportionate to the rate of finished products for export.
3-based on the investment license, technical-economic justifications, the technical design of the project, the Ministry of Commerce decided to list the goods import tax exemption for the goods mentioned in paragraph 1 of this Article.
4-import goods mentioned in clause 1 and 2 of this Article not be ceded for sale in Vietnam market. Hefty case sold in Vietnam market must be approved by the Ministry of Commerce and must pay import tax, sales tax or consumption tax under the provisions of special laws.
5-patents, technical know-how, technological processes, technical service ... to which are exempted from the taxes related to technology transfer.
Article 64.
1-the transfer which is made according to the provisions of article 34 of the law on foreign investment in Vietnam.
Transfer records include: the contract of assignment;
Resolutions of the Board;
Report on the situation of the business activity;
Legal status, financial situation, representatives of the party receiving the transfer (the transfer to outside the enterprise).
2-the transfer is valid only after the authority to license investment standard of medicine. The review, the standard of health care is made within 30 days from the date of the application for transfer. So the time limit stated above, if not approved, the Agency granted investment licenses to inform investors in writing and stating the reason.
3-taxable profit is determined as follows: a) taxable profits using transfer value minus the original value of the capital transfer, minus the cost of the transfer, including: the transfer value is defined as the total value of the fact that the parties to the transfer are beneficiary under the contract of assignment;
The initial value of the capital transfer is determined on the basis of the books, accounting at the time of raising capital or capital settlement reports.
The case after investors continued to transfer his shares back to the original value of each transfer times stake then is determined by the value of the contract of assignment before plus the value of additional shares (stated there).
The cost of the transfer is the actual expenses directly related to the transfer, according to original documents are recognized by the tax authorities. Case of transfer costs incurred abroad, the original document must be a certified agency or independent audit of where costs arise.
b) tax rate on capital transfer tax is 25% of the profits are.
The transfer of funds for the Vietnam's State enterprises or enterprises in which the State seized the shares dominated the foreign investors are exempt from tax on capital transfers.
The case of foreign investors to transfer funds for the Vietnam business is not the business you must submit capital transfer tax with tax rate is 10%.
 
CHAPTER VIII ACCOUNTING REGIME, statistics and accounting woes-65.1 HIỂMĐiều, auditing, statistics in the enterprises, foreign-invested and foreign parties involved in business cooperation contracts under the provisions of the law on accounting, audit, statistics of Vietnam.
2-business for foreign capital and foreign Parties involved in business cooperation contracts made accounting accounting mode under Vietnam.
Business case foreign-invested and foreign Parties involved in business cooperation contracts have reason should apply to foreign accounting mode other then must be approved by the Finance Ministry.
3-foreign Parties involved in business cooperation contracts accounting records according to the appropriate content to each type of business partnership.
4-enterprises of foreign investment and foreign Parties involved in business cooperation contracts must sign the applicable accounting mode with the Finance Ministry and the financial Agency's inspection.
Article 66.
1-unit of measurement used in accounting and statistics is the official unit of measurement of Vietnam. The unit of measurement must be converted out of official measurement unit in Vietnam.
2-the unit of currency used in accounting and statistics notes as Vietnam, but may be due to foreign currency business for foreign investment and foreign business Side suggested and approved by Ministry of finance.
3-The accounting records and statistics are made by South Vietnamese or Vietnamese South and simultaneously by a foreign language.
Article 67. The financial year of the business must match the tax year specified in article 60 of this Decree.
Article 68. Businesses have foreign capital and foreign Parties involved in business cooperation contracts must submit annual financial statement to the licensing of investment agency, Ministry of planning and investment, Ministry of finance, the General Statistics Office within 3 months from the end of the financial year of the business.
Annual financial reporting of enterprises invested abroad and foreign Parties involved in business cooperation contract was audited by an independent auditing company of Vietnam, or other independent audit companies are allowed to operate in Vietnam under the provisions of the law on audits before sending to the upper body.
Financial reporting of enterprises invested abroad and the foreign Party audited business can be used as a basis for determining and finalizing the tax obligations and other financial obligations with regard to the State of Vietnam.

The audit company must take responsibility before the law on independence, objectivity, honesty of the audit results.
Article 69. The report of audit results the audit company consists of the following principal contents: 1 – confirm the objective, honest, reasonable of financial reporting and the accounting data.
2-reviews, reviews the implementation of the work of the Executive, accounting law, accounting rules, mode.
3-the recommendations.
The audit report must be signed and the name, registry number of practice of Auditors, signature and seal of the company auditor.
Article 70.
1-businesses that have invested overseas and foreign Parties involved in business cooperation contracts make the insurance on the basis of the insurance contract is signed with the Vietnam insurance company or other insurance companies allowed to operate in Vietnam.
2-the business of foreign-invested and foreign Parties involved in business cooperation contracts made the obligatory and voluntary insurance under the provisions of the law.
3-subjects covered include people, property, civil liability and other objects under the provisions of the law.
 
CHAPTER IX FOREIGN EXCHANGE MANAGEMENT HỐIĐiều 71. Businesses have invested abroad to open foreign currency accounts and fellow Vietnam accounts at the Bank to be allowed to operate in Vietnam. The business loan accounts opened at banks in foreign countries to receive the loan if the lender requires foreign loan account opening in foreign bank and the State Bank of Vietnam was approved.
International business can open accounts as defined above. The case of foreign business direct Party operations in Vietnam to open accounts at the Bank to be allowed to operate in Vietnam.
Article 72. Businesses have foreign capital and foreign parties to ensure self business demand for foreign money for his activities.
For construction projects of infrastructure, alternative production essential imports and a number of important special projects, State Bank guarantee business for foreign investment and business parties are converting money foreign money out of Vietnam to meet reasonable demand under the foreign exchange management mode of Vietnam.
Business for foreign investment and foreign business Side not subject guaranteed to support foreign exchange balance, if there are difficulties in the balance of foreign currency, the Bank may consider allowing conversion, buy foreign currencies according to the regulations of the State Bank.
Article 73.
1-after the implementation of tax obligations, foreign investors investing in Vietnam are shipped abroad: the profit obtained from business activities;
Revenues due to the provision of services and the transfer of technology;
Amount of principal and interest of foreign loans in the process of operation;
Investment capital;
The funds and other assets belonging to legal ownership;
Investment capital;
The funds and other assets belonging to legal ownership.
2-the end and the dissolution of enterprises, economic organizations and individuals abroad was the right move abroad for investment capital and capital reinvestment into the business after payment of all debts.
3-in the case of money transfer abroad specified in point 2 of this higher initial capital (original) and capital reinvestment, the difference only being moved abroad when the Agency granted investment licenses medical standards. Article 74. Foreigners working in businesses with foreign investment, business cooperation contract was transferred to foreign wages and other legitimate earnings by foreign money, after deducting the payable income taxes and other expenses.
Article 75. Conversion rate of foreign money to Vietnam and apply in the process of conducting investment and production business of the enterprises, foreign-invested and foreign business Parties are made according to the regulations of the State Bank of Vietnam.
 
CHAPTER X of the CUSTOMS, immigration, RESIDENCY INFORMATION, LẠCĐiều 76. Based on the investment license and approval of the plan text export, import goods of the Ministry of Commerce, the customs procedures for export and import goods quickly in accordance with customs legislation. Article 77. Foreigners in Vietnam to learn and prepare investment granted immigration visas are worth many times within a period not exceeding 3 months and can be renewed each January 3.
Article 78. Foreigners are implementing investment projects (including spouse, I've reached an age, the alien maids) were granted immigration visas are worth many times, in line with the duration of operation of the project.
Article 79.
1-immigration visas are issued at the diplomatic representation or consular authorities of the Socialist Republic of Vietnam abroad, at the latest within 5 days after your Privy visa procedures.
2-In case of emergency to handle these situations can't anticipate, foreigners are granted entry visas at the gate according to the current rules.
3-in the case of foreigners who are citizens of countries that have signed with the Government of the Socialist Republic of Vietnam visa exemption agreement on entry, exit, then apply according to the agreement signed.
Article 80. Alien says in Article 77, 78 of this Decree are free to walk in the locality of Vietnam, except the "zone".
Article 81. After the completion of the necessary procedures with the postal administration of telecommunications, foreign people working in businesses that have invested abroad are: use the postal and telecommunications services of the post office, Vietnam;
The Organization of information systems to business operating within the business.
 
CHAPTER XI PROVISIONS on construction, tender, COMPANY, settlement CAPITAL VALUE TƯĐiều 82. The management of building works invested abroad is done according to the following: 1-the planning certificate to the investor has investment project base.
2-evaluation planning in architecture, about the investment project of construction works.
3-evaluation of the engineering design and construction decisions.
4-check the implementation of bidding in construction and licensing consulting and construction contractor for the contractors awarded the project, construction in Vietnam.
5-Managing the quality of construction works.
Article 83. In the application for the license must be accompanied by the certificate of investment planning, preliminary design expresses the architectural approach.
The evaluation on the planning and architectural works projects reviewed during the process of evaluation of investment projects.
When the project appraisal, investment licensing bodies must take the opinion of the Ministry of construction, the provincial people's Committee on planning and architecture for the project construction works; for other projects related to planning the industry must take the opinions of industry Manager of conformity with building planning and territorial planning industry.
Article 84. The design of construction works be appraised with the following content: 1-legal status of organization design.
2-the suitability of the design in comparison with planning and architecture have been appraised in the project and detailed planning.
3-The compliance with the technical standards of design, construction of Vietnam or the technical standards of foreign countries be approved.
The investor is responsible before the law on safe Vietnam works; Prevention of fires; environment protection during construction as well as during the use of the work.

Article 85. The Organization of the evaluation of the engineering design and construction decisions are defined as follows: 1-The building design engineering in the project group A rules in article 93 of this Decree. The provincial people's Committee evaluating the design engineering of the project group B the provisions of article 93 of this Decree.
2. for public works in Group A project, within 20 days from receipt of The completed building, the evaluation design, engineering works and announced the decision to investors. After the engineering design is approved, the construction investor.
3-for the work of the project group B, within 20 days from the receipt of the provincial people's Committee, complete design engineering and assessment decisions reported to investors. After the engineering design is approved, then the investor is construction.
4-20-day time limit mentioned above Too, if not the design agency announced its decision for the investor, the investor is construction.
5-at the latest 10 days before the commencement of works, investors must notify the provincial people's Committee where the construction works.
Article 86. To implement investment projects, investors must hold a tender or selection advice, design; bidding organization stores and equipment construction, ... in accordance with the law of Vietnam.
The contractor must comply with the law on construction, finance, import and export and related laws.
Article 87. The investor is responsible before the law Vietnam about the quality of construction works.
The survey organization, design, building contractor is responsible to the owner and Vietnam law on his part regarding the quality of the work.
Article 88. When construction ended, the investor reports assigned design work on the completion of the construction works and be allowed to put the work into use. In case of need, the Agency said on the conducted check works; If discovered violating the regulations on the design, the construction has been approved will be dealt with according to the provisions of the law.
Article 89. In the process of building constitutive business venture, enterprises must open a separate account at a bank in Vietnam to monitor the financial income in the construction business formation. All the incomes and expenses related to the construction works must be made through this account.
Article 90. Within a period of 6 months from the date of completion of the building works, the investor must submit a report for capital investment licensing bodies and the Ministry of planning and investment. Investors must take responsibility for the truthfulness, accuracy of reported capital investment. Report construction section must be confirmed by the authorities.
Where necessary, the Agency granted the investment license can reconsider investment settlement reports.
 
CHAPTER XII PROVISIONS ABOUT the formation, LICENSING INVESTMENT APPRAISAL and DEVELOPMENT PROJECTS of TƯĐiều 91. The ministries, provincial people's Committee has the responsibility to guide and provide the necessary information and create all favorable conditions for investors choosing investment opportunities in Vietnam. Article 92.
1-after receiving the project profile as specified in articles 10, 13 and 26 of this Decree, the Agency licensed investment project appraisal organizations.
2-content of the appraisal of investment projects, including: legal, financial capacity of foreign investors and Vietnam;
Relevance of project goals with planning;
Socio-economic benefits (the ability to create new production capacity, new industries and new products; extending market; the ability to create jobs for workers; the economic benefits of the project and the terms of the submission to the budget, etc.);
The level of engineering and applied technology, reasonable use and protection of resources, protecting the ecological environment;
The reasonableness of the use of land, compensation approach clearance, property valuation, which Vietnam party (if any);
Article 93. Authority to approve investment projects are defined as follows: 1-the Prime Minister decides the project group A includes: construction of infrastructure, industrial zones, export processing zones, the project on BOT, BTO, BT;
The projects with investment capital from 40 million u.s. dollars or more in the power industry, mining, oil and gas, metallurgy, cement, chemicals, sea ports, airports, cultural zones, tourism, real estate business;
Sea transport projects;
The postal and telecommunication projects;
The cultural project, the press, publishing, radio, television, training, scientific research, health;
The project on insurance, finance, audit, inspection;
Resource extraction projects and rare;
The projects in the field of Defense and security;
The urban land use projects from 5 ha and other soils from 50 ha.
2-Ministry of planning and investment to decide Group B project (project group B is the project not specified in clause 1 of this Article), except for the provisions in paragraph 3 of this Article and the authorization for the project management of industrial investment license;
3-provincial people's Committee decided for the project are the Government decided to license investment divisions.
Article 94.
1-the evaluation of the project is defined as follows: for A group project, the Ministry of planning and investment opinions of the Ministry of industry, and provincial people's committees are related to the Prime Minister to review the decision. The case has a different opinion on the important issues of the project, the Ministry of planning and Investment Advisory Council composed of representatives of relevant agencies and experts to review the project before the Prime Minister. Depending on the particular case, the Prime Minister may ask the Council of State evaluation of the investment projects, research and advice to the Prime Minister to decide;
For the Group B project, the Ministry of planning and investment opinions of the Ministry of industry, and provincial people's committees concerned before review decision.
2-term evaluation of specific projects as follows: within 15 days from the date of the project, the ministries and the provincial people's Committee has the written comments sent the Ministry of planning and investment for the content project in the scope of its management; so the term on which there is no written comments shall be considered approved the content of the project.
For A group project, within 40 days of receiving the application, the Ministry of planning and investment process of appraisal comments onto the Prime Minister. Within 7 days of receiving the decision approved by the Prime Minister, the Ministry of planning and investment granted the investment license;
The project group B, within 45 days from the date of the project, the Ministry of planning and investment to complete the project appraisal and licenses investment.
Within 7 days after the expiry of the aforesaid provisions, without investment license, the Ministry of planning and investment announced in writing to investors stating the reason, why send it to the relevant authorities.
The time limit on the time-telling investors not to be allowed to amend, Supplement application for licensing investment.
All requests of the Ministry of planning and investment for investors about the amendments, additional projects are made within 20 days of receipt.
3-the investment license is sent to the relevant authorities.
4-the evaluation and licensing of investment for the projects under the jurisdiction of provincial people's committees are made according to the provisions of article 100 of this Decree.

5-the evaluation and licensing of investment for investment projects in Industrial Zones, export processing zones are made according to the provisions of article 4 of this Decree and in accordance with the Government on the Industrial Zones, export processing zones.
Article 95.
1-Ministry of planning and investment do clue to solve the problems arising in the process of establishment, deployment and implementation of investment projects, including: guidelines, coordinating the ministries and provincial people's committees in the planning, the planning and establishment of portfolio investment;
Chairing the appraisal, investment license and regulate investment license for the project in the jurisdiction;
Reconciliation of disputes when required;
Inspect, inspect the implementation of investment projects;
Reviews of socio-economic efficiency of the projects have been licensed to invest;
The decision to dissolve the business invested abroad and the termination of business cooperation contract ahead of time for the projects in the authority.
2-Ministry of planning and investment sum investment licensing situation and foreign investment activities in Vietnam to the Prime reports and inform the ministries and provincial people's committees periodically (annually).
Article 96. Ministries, ministerial agencies, government agencies are responsible for: join the opinion of the evaluation project, adjust the investment license;
Issued and guides the implementation of policies, technical standards, technology and the environment;
Check the specialization; reviews of socio-economic efficiency of investment projects in the field of management of the industry.
Article 97. The provincial people's Committee has the responsibility to: 1-chaired evaluation, investment license and regulate investment license for the project in the jurisdiction; join the investment project appraisal locally;
2-make the State management for all projects of foreign investment capital in the territory according to the following content: monitoring the implementation of the capital contribution, make the rules of investment license and other legal texts concerned;
Monitoring of the implementation of the regulations on financial obligations in labor relations, wage, social safety and order, and protect the ecological environment, prevention of fire and explosion;
Certificates of land use; the Organization made the clearance; allow headquarters, branch; resident registration for foreigners working in enterprises; Introduction Vietnam labor for the đoanh; registration, ...;
Join the ministries, specialized inspectors check operation of enterprises invested;
Reviews of socio-economic efficiency of the activity of foreign direct investment in the territory.
Article 98.
1-The inspection, check the operation of the business for foreign investment and business parties must ensure the implementation of proper functioning, properly authorized and in compliance with the provisions of the law.
The Inspector, checks are conducted periodically or unusual; the Inspector, extraordinary inspections only done when the operation of the business, the business side of the signs violated the law.
State agencies in the scope of his functions before the inspection, checking majors need to notify the Ministry of planning and investment and the provincial people's Committee where there are investment projects to coordinate.
2-organizations, individual decisions do not properly check the law or abuse test, inspection, causing troubles for business đoanh of business, then depending on the extent will be dealt with according to the provisions of the law.
3-the Ministry of planning and investment, specific provisions on the Organization of coordination, inspection, inspection for foreign investment activities.
 
CHAPTER XIII the FIRST LICENSING DIVISIONS TƯĐiều 99.1-decentralized projects licensors to the provincial people's Committee should have the following conditions and criteria: in accordance with the master plan, the economic development plan-approved society;
Not belonging to group A project specified in article 93 of this Decree.
2-Does the licensing divisions of investment for provincial people's Committee for investment projects in the following areas (irrespective of the scale of capital investment): exploration, mining and oil and gas services;
Energy industry;
Construction of ports, airports, highways, railways;
Cement, metallurgy, sugar production, the production of wine, beer, and cigarettes.
3-based on the specific conditions of the province, central cities, the Prime Minister decided to list the projects by sector and investment scale for classifying the investment license for the provincial people's Committee. List of provincial people's committees and project list may be periodically supplemented, modified to suit the actual situation of each locality.
Article 100.
1-the evaluation and licensing of investment under the authority of the provincial people's Committee as follows: the content project assessment as prescribed in article 92 of this Decree.
Within 30 days from the date of the project, the provincial people's Committee completed the project appraisal and licenses investment.
Within 7 days after the expiry of the provisions mentioned above that has not yet granted the investment license, the provincial people's Committee reported in writing to investors stating the reason, why send it to the relevant authorities.
The time limit on the time-telling investors not to be allowed to amend, Supplement application for licensing investment.
All requirements of the provincial people's Committee for investors about additional modification project was made within 15 days of receipt.
2-level investment licenses to investors in the form of reunification by the Ministry of planning and investment regulations and issued.
3-within 7 days from the date the investment license, the provincial people's Committee sent to the Ministry of planning and investment, the investment license (original) and copies sent to the Ministry of finance, Ministry of Commerce and Ministry of industry management and state management agencies concerned.
4-quarterly and annual provincial people's Committee, reported the Ministry of planning and investment situation evaluation, licensing investment.
 
CHAPTER XIV the INVESTMENT GUARANTEE and DISPUTE PROCESSING, MICRO-PHẠMĐiều 101. Vietnam government guarantees for fair and adequate incentives for foreign investors to invest in Vietnam under the provisions of the law on foreign investment in Vietnam. In the case of the Socialist Republic of Vietnam signed the treaties with other countries to encourage and protect investments that have different rules with the provisions of the law on foreign investments shall apply the provisions of international treaties. In case due to changes to the provisions of the law of Vietnam which do damage to the interests of foreign investors has been stipulated in the investment license, the licensing agency that invest have adequate measures to ensure that the interests of investors by the agreement to adopt the following measures : 1-change objectives of the project.
2-reduced, tax free within the framework of the law.
3-damage of foreign investors considered the losses and move on to the next year.
4-be considered adequate compensation in some cases needed.
For the project due to a people's Committee granted the investment license then before deciding on the measures applied, the provincial people's Committee are consistent with the opinion of the Ministry of planning and investment and the Ministry of finance.
Article 102.
1-the dispute between the parties to the venture business, business cooperation contract together must first be resolved through negotiation and conciliation between the parties.

In cases where conciliation fails, the parties to the dispute may agree to one of the following resolution methods: courts of Vietnam;
Vietnam arbitration or arbitration, international arbitration;
Arbitration by the parties to the agreement established.
2-disputes between enterprises with foreign investment with each other or between businesses invested abroad, the foreign Party business with Vietnam economic organizations are tackling the arbitration organization or court under the law of Vietnam Vietnam.
Article 103. Foreign investors, the business side of the enterprise, foreign investment, Vietnam individual organizations must comply with the provisions of the law.
Prohibition officer cadres, Vietnam State agencies taking advantage of their powers difficult, troublesome, impede foreign investment activity; in case of violation, depending on the level of prejudice will be accountable under the provisions of the law.
 
CHAPTER XV CONTEST TERMS HÀNHĐiều 104.1-this Decree shall take effect from the date of 1 March 1997; the previous provisions contrary to this Decree are repealed.
2-Ministers, heads of ministerial agencies, heads of government agencies and the President of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.