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| LAW ON
INVESTMENT IN VIETNAM |
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With a view to expanding economic cooperation with foreign countries,
serving the cause of industrialization and modernization, and developing
the national economy on the basis of efficiently tapping and utilizing
resources of the country; In accordance to the Constitution in 1992 of the
Socialist Republic Of Vietnam, This law sets forth provisions regulating
foreign direct investment in Vietnam. |
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Chapter 1: GENERAL PROVISIONS |
Article 1:
The State of the Socialist Republic of Vietnam encourages foreign
investors to invest in Vietnam on the basis of respect for the
independence and sovereignty of Vietnam, observance of the laws of
Vietnam, equality, and mutual benefit.
The State of the Socialist Republic of Vietnam protects the owner ships,
of invested capital and other legitimate rights of the foreign
investors, and extend to the latter favourable conditions and quick
formalities to invest in Vietnam.
Article 2:
For the purpose of this law, the following terms shall have the
respective meanings ascribed to them hereunder:
- "Foreign direct investment in Vietnam" refers to the acts of the
foreign investors in bringing into Vietnam their capital in terms of
money or any types of assets in order to carry out investment activities
as stipulated by this law.
- "Foreign investors" refers to foreign organizations or individuals
investing in Vietnam.
- "Foreign partner" refers to the party consisting of one or more
foreign investors.
- "Vietnamese partner" refers to the party consisting of one or more
Vietnamese economic organizations of all economic sectors.
- "The two partners" refers to the Vietnamese partner and the foreign
partner;
"Several partners" refers to the Vietnamese partner and the foreign
partner, or the foreign partners and Vietnamese partners. or Vietnamese
partners and foreign partners.
- "Foreign-invested enterprise" refers to the joint venture enterprise
or the 100% foreign capital enterprise.
- "The joint venture enterprise" refers to the enterprise jointly
established in Vietnam by the two partners or several partners involved
on the basis of a joint venture contract or an agreement signed between
the Government of the Socialist Republic of Vietnam and a foreign
government, or to the new enterprise established in Vietnam as a result
of cooperation between a foreign-invested enterprise and Vietnamese
partner or between any such joint venture and a foreign partner on the
basis of the joint venture contract.
- "The 100% foreign capital enterprise" refers to an enterprise in
Vietnam whose capital is wholly owned by the foreign investor.
- "Business cooperation contract" refers to a document signed between
two or several partners to carry out investment activities in Vietnam
without establishing a status of juridical person.
- "Join venture contract" refers to a document signed between partners
mentioned at Point of this Article to set up a joint venture enterprise
in Vietnam.
- "Build-Operate-Transfer (BOT) contract" refers to a document signed
between a Vietnamese competent agency and a foreign investor to build
and operate an infrastructure project for a certain period; upon the
expiry, the foreign investor shall transfer the project to the State of
Vietnam without compensation.
- "Build-Transfer-Operate (BTO) contract" refers to a document signed
between a Vietnamese competent agency and a foreign investor to build
an infrastructure project, upon the completion of that project, the
foreign investor transfers it to the Sate of Vietnam, and the Vietnamese
Government reserves the right of operating that project for the foreign
investor for a certain period to refund the investment and to earn
profit on a reasonable basis.
- "Build-Transfer (BT) contract" refers to a document signed between a
vietnamese authorized agency and a foreign investor to build an
infrastructure project; upon completion, the foreign investor transfers
the project to the State of Vietnam, and the Vietnamese Government
offers favourable conditions to the foreign investor to carry out
another project to refund the investment and to earn profit another
project to refund the investment and to earn profit on a reasonable
basis.
- "Export processing zone" refers to an industrial zone specializing
in manufacturing exports, carrying out services for the manufacture of
exports and for export activities, with defined geographical lines,
established by the Government, or under the permission of the
Government.
- "Export processing enterprise" refers to an enterprise specializing
in manufacturing exports, carrying out services for the manufacture of
exports, and for export activities, established and operating in
accordance with regulations of the Government on export processing
enterprises.
- "Industrial zone" refers to a zone reserved for the manufacture of
industrial commodities and for carrying out services for industrial
production, established by the Government or under the permission of the
Government.
- "Industrial zone enterprise" refers to an enterprise established
and operating within the industrial zone.
- "Investment capital" refers to the capital required for implementing
an investment project, and comprises of legal capital and loan capital.
- "Legal capital" of a foreign-invested enterprise refers to the
capital required for establishing the enterprise, and the capital is
prescribed in the charter of the enterprise.
- "Capital contribution" refers to the capital paid in by each partner
to constitute the legal capital of the enterprise.
"Re-investment" refers to the use of profit and other legitimate
sources of income generated from foreign investment activities in
Vietnam to add capital to the on-go-ing project in Vietnam or to another
new investment project in accordance with forms of investment stipulated
in this law.
Article 3:
Foreign investors are allowed to invest in vietnam in various areas
of the national economy.
The State of Vietnam encourages foreign investors to invest in economic
sectors and localities as follows:
- Sectors:
- Production of exports;
- Cultivating, growing, and processing agricultural, forestry, and
aquatic products;
- High technology, advanced know-how industries, with a view to
protecting the ecological environment, investment in research and
development;
- Labor-intensive industries; processing materials and using
efficiently natural resources available in Vietnam;
- Construction of infrastructure and other important industrial
production facilities;
- Localities:
- Mountainous and remote regions;
- Areas of underdeveloped socio-economic level
- The State of Vietnam shall not grant foreign investment licenses
in sectors and areas therein foreign investment may hamper the
national security and defense, cultural and historical heritage,
custom, and ecological environment.
In accordance with planning and development orientation in each
period, the Government shall specify localities where foreign
investment is encouraged, issue lists of priority and prime priority
investment projects, lists of conditional investment sectors, and lists
of prohibited investment sectors.
Vietnamese private economic organizations are allowed to engage in
investment cooperation with foreign investors in sectors and under
conditions regulated by the Government.
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