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THE NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law No. 67/2014/QH13
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Hanoi, November 26, 2014
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LAW
ON INVESTMENT
Pursuant to Constitution of Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Investment.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law deals with business investments in Vietnam and
outward business investments.
Article 2. Regulated entities
This Law applies to investors, other organizations and
individuals (hereinafter referred to as entities) involved in business
investment.
Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Register office means the regulatory body
competent to issue, adjust, and revoke Certificates of investment registration.
2. Investment project means a collection of proposal
to make midterm or long-term capital investment in business in a particular
administrative division over a certain period of time.
3. Expansion project means a project to make
investment to expand the scale, improve the capacity, apply new technologies,
reduce pollution or improve the environment.
4. New investment project means a project that is
executed for the first time or a project independent from any other running
project.
5. Business investment means an investor’s investing
capital to do business by establishing a business organization; making capital
contribution, buying shares or capital contributions to a business
organization; making investments in the form of contracts or execution of
investment projects.
6. Certificate of investment registration means a
paper or electronic document bearing registered information about the
investment project of the investor.
7. National investment database means a system of
professional information meant for monitoring, assessment, and analysis of
investments nationwide in order to serve state management tasks and support for
investors’ investment making process.
8. Public-Private Partnership contract (hereinafter referred
to as PPP contract) means a contract between a competent authority and an
investor or project management enterprise to execute an investment project as
prescribed in Article 27 of this Law.
9. Business cooperation contract means a contract
between investors for business cooperation and distribution of profits,
products without establishment of a new business organization.
10. Export-processing zone means an industrial park
specialized in manufacturing of exported products or provision of services for
manufacturing of exported products and export.
11. Industrial park means an area with a defined
geographical boundary specialized in industrial production and provision of
services for industrial production.
12. Economic zone means an area with a defined geographical
boundary which consists of multiple sectors and is meant to attract
investments, develop socio-economic, and protect national defense and security.
13. Investor means an organization or individual
that makes business investments. Investors include Vietnamese investors,
foreign investors, and foreign-invested business organizations.
14. Foreign investor means an individual holding a
foreign nationality or an organization established under foreign laws an making
business investment in Vietnam.
15. Vietnamese investor means an individual holding
Vietnamese nationality or a business organization whose members or shareholders
are not foreign investors.
16. Business organization means an organization
established and run in accordance with Vietnam’s laws. Business organizations
include companies, cooperatives, cooperative associations, and other
organizations that make business investments.
17. Foreign-invested business organization means a
business whose members or shareholders are foreign investors.
18. Capital means money and other assets used
invested in business.
Article 4. Application of the Law on
Investment, relevant laws and international agreements
1. Investments made within Vietnam’s territory must comply
with this Law and relevant laws.
2. Where regulations on banned business lines, conditional
business lines, or investment procedures in this Law and other laws are
inconsistent, regulations of this Law shall apply, except for investment
procedures prescribed in the Law on Securities, the Law of credit institution,
the Law on Insurance, and the Law on Petroleum.
3. Where regulations of this Law and those of an
international agreement to which the Socialist Republic of Vietnam is a
signatory are inconsistent, the latter shall apply.
4. With regard to any contract to which at least a party is
a foreign investor or a business organization defined in Clause 1 Article 23 of
this Law, the parties to which may reach an agreement on whether to apply
foreign laws or international practice if such agreement does not contravene
Vietnam’s laws.
Article 5. Policies on business
investment
1. Investors are entitled to make investments in the
business lines that are not banned in this Law.
2. Investors may decide their business investments on their
own in accordance with this law and relevant laws; may access and make use of
loan capital, assistance funds, land, and other resources as prescribed by law.
3. The ownership of assets, capital, income, another the
lawful rights and interests of investors are recognized and protected by the
State.
4. The State shall treat investors equitably; introduce
policies to encourage and enable investors to make business investment and to
ensure sustainable development of economic sectors.
5. International agreements on business investment to which
Socialist Republic of Vietnam is a signatory are upheld by the State.
Article 6. Banned business lines
1. The investments in the activities below are banned:
a) Trade in the narcotic substances specified in Appendix I
hereof;
n) Trade in the chemicals and minerals specified in
Appendix I of this Law;
c) Trade in specimens of wild flora and fauna specified in
Appendix 1 of Convention on International Trade in Endangered Species of Wild
Fauna and Flora; specimens of rare and/or endangered species of wild fauna and
flora in Group I of Appendix 3 hereof;
d) Prostitution;
dd) Human trafficking; trade in human tissues and body
parts;
e) Business pertaining to human cloning.
2. The Government’s regulations shall apply to production
and use of products mentioned in Points a, b, and c Clause 1 of this Article
during analysis, testing, scientific research, medical research, pharmaceutical
production, criminal investigation, national defense and security protection
Article 7. Conditional business
lines
1. Conditional business lines are the business lines in
which the investment must satisfy certain conditions for reasons of national
defense and security, social order and security, social ethics, or public
health.
2. The List of conditional business lines is provided in
Appendix 4 hereof.
3. Conditions for making investments in the business lines
mentioned in Clause 2 of this Article are specified in the Laws, Ordinances,
Decrees, and the international agreements to which the Socialist Republic of Vietnam
is a signatory. Ministries, ministerial agencies, the People’s Council,
People’s Committees, and other entities must not issue regulations on
conditions for making business investments.
4. Conditions for making business investments must be
appropriate for the objectives in Clause 1 of this Article, ensure
transparency, objectivity, not wasting time or money of investors.
5. The conditional business lines and the corresponding
conditions shall be posted on the National Company Registration Portal.
6. The Government shall elaborate the announcement and
control of conditions for business investments.
Article 8. Amendments to the Lists
of banned business lines and the List of conditional business lines
Depending on the socio-economic conditions and state management
requirements in each period, the Government shall review the banned business
lines, conditional business lines and propose amendments to Article 6 and
Article 7 to the National Assembly.
Chapter II
INVESTMENT ASSURANCE
Article 9. Assurance of asset
ownership
1. Lawful assets of investors shall not be nationalized or
confiscated by administrative measures.
2. Where an asset is bought or commandeered by the State of
reasons of national defense and security, national interests, state of
emergency, prevention or recovery of natural disaster, the investor shall be
reimbursed or compensated in accordance with regulations of law on property
commandeering and relevant regulations of law.
Article 10. Assurance of business
investment
1. Investors are not required by the State to satisfy the
following requirements:
a) Give priority to buying, using domestic goods/services;
or only buy, use goods/services provided by Vietnamese producers/service
providers;
b) Achieve a certain export target; restrict the quantity,
value, types of goods/services that are exported or produced/provided in
Vietnam;
c) Import a quantity/value of goods that is equivalent to
the quantity/value of goods exported; or balance foreign currencies earned from
export to meet import demands;
d) Reach a certain rate of import substitution;
dd) Reach a certain level/value of domestic research and
development;
e) Provide goods/service at a particular location in
Vietnam or overseas;
g) Have the headquarter situated at a location requested by
a competent authority.
2. Depending on the orientation of socio-economic
development, foreign exchange management policies, and the ability to balance
foreign exchange in each period, the Prime Minister shall decide the assurance
of fulfillment of demands for foreign currencies of investment projects the
investment policies subject to issuance of decisions on investment policies by
the National Assembly, the Prime Minister, and other important projects of
investment in infrastructural development.
Article 11. Assurance of transfer
of foreign investors’ assets to abroad
After all financial obligations to Vietnamese government
are fulfilled, foreign investors are permitted to transfer the following assets
to abroad:
1. Capital and liquidations;
2. Income from business investment;
3. Money and other assets under the lawful ownership of the
investors.
Article 12. The Government’s
guarantee for some important projects
1. The Prime Minister shall decide the provision of
guarantees for contract execution by competent authorities or state-owned
companies participating in investment projects subject to issuance of decisions
on investment policies by the National Assembly, the Prime Minister, and other
important projects of investment in infrastructural development.
2. The Government shall elaborate this Article.
Article 13. Assurance of business
investment upon changes of laws
1. Where a new law that provides more favorable investment
incentives that those currently enjoyed by investor is promulgated, investors
shall enjoy the new incentives for the remaining period of the incentive
enjoyment of the project.
2. Where a new law that provides less favorable investment
incentives that those currently enjoyed by investor is promulgated, investors
shall keep enjoying the current incentives for the remaining period of the
incentive enjoyment of the project.
3. The regulations in Clause 2 of this Article do not apply
if regulations of law are changed for reasons of national defense and security,
social order and security, social ethics, public health, or environmental
protection.
4. Where an investor is no longer eligible for investment
incentives prescribed in Clause 3 of this Article, one or some of the following
solutions shall be adopted:
a) Deduct the damage actually suffered by the investor from
the investor's taxable income;
b) Adjust the objectives of the investment project;
c) Assist the investor in recovery from damage.
5. With regard to the investment assurance measure in
Clause 4 of this Article, the investor shall make a written request within 03
years from the effective date of the new law.
Article 14. Settlement of disputes
over business investment
1. Disputes over business investments in Vietnam shall be
settled through negotiation and conciliation. If the dispute settlement cannot
be reached through negotiation and conciliation, the dispute shall be resolved
by arbitration or by the court in accordance with Clauses 2, 3, and 4 of this
Article.
2. Every dispute between a Vietnamese investor and a
foreign-invested business organization, or between a Vietnamese investor, a
foreign-invested business organization and a regulatory body over business
investments within Vietnam’s territory shall be settled by Vietnam’s
arbitration or court, except for the cases in Clause 3 of this Article.
3. Every dispute between investors, one of which is a
foreign investor or a business organization defined in Clause 1 Article 23 of
this Law, shall be settled by one of the following agencies/organizations:
a) Vietnam’s court;
b) Vietnam’s arbitration;
c) Foreign arbitration;
d) International arbitration;
dd) An arbitral tribunal established by the parties in
dispute.
4. Every dispute between a foreign investor and a
regulatory body over business investments within Vietnam’s territory shall be settled
by Vietnam’s arbitral tribunal or Vietnam’s court, unless otherwise agreed or
prescribed by an international agreement to which the Socialist Republic of
Vietnam is a signatory.
Chapter III
INCENTIVES AND SUPPORT FOR
INVESTMENT
Section 1: INVESTMENT INCENTIVES
Article 15. Forms and beneficiaries
of investment incentives
1. Forms of incentives:
a) Application of a lower rate of corporate income tax for
a certain period of time or throughout the project execution; exemption,
reduction of corporate income tax;
b) Exemption or reduction of import tax on goods imported
as fixed assets; raw materials, supplies, and parts used for the project;
c) Exemption, reduction of land rents, land levy.
2. Beneficiaries of investment incentives:
a) Projects of investment in the business lines given
investment incentives specified in Clause 1 Article 16 of this Article;
b) Investment projects in the administrative divisions
given investment incentives specified in Clause 2 Article 16 of this Article;
c) Any project in which the capital investment is at least
VND 6,000 billion, or at least VND 6,000 billion is disbursed within 03 years
from the day on which the Certificate of investment registration or decision on
investment policies is issued;
d) Any investment project in a rural area that employ at
least 500 workers;
dd) High-tech companies, science and technology companies,
and science and technology organizations.
3. Investment incentives shall be given to new investment
projects and expansion projects. The level of each type of incentives shall be
specified by regulations of law on taxation and land.
4. Regulations in Points b, c, and d Clause 2 of this
Article do not apply to mineral extraction projects; projects to
manufacture/sale of goods/services subject to special excise tax according to
the Law on special excise tax, except for car manufacturing.
Article 16. Business lines and
administrative divisions given investment incentives
1. Business lines given investment incentives:
a) High-tech activities, high-tech ancillary products;
research and development;
b) Production of new materials, new energy, clean energy,
renewable energy; productions of products with at least 30% value added;
energy-saving products;
c) Production of key electronic, mechanical products, agricultural
machinery, cars, car parts; shipbuilding;
d) Production of ancillary products serving textile and
garment industry, leather and footwear industry, and the products in Point c of
this Clause;
dd) Production of IT products, software products, digital
contents;
e) Cultivation, processing of agriculture products,
forestry products, aquaculture products; afforestation and forest protection;
salt production; fishing and ancillary fishing services; production of plant
varieties, animal breads, and biotechnology products;
g) Collection, treatment, recycling of waste;
h) Investment in development, operation, management of
infrastructural works; development of public passenger transportation in urban
areas;
i) Preschool education, compulsory education, vocational
education;
k) Medical examination and treatment; production of
medicines, medicine ingredients, essential medicines, medicines for prevention
and treatment of sexually transmitted diseases, vaccines, biologicals, herbal
medicines, orient medicines; scientific research into preparation technology
and/or biotechnology serving creation of new medicines;
l) Investment in sport facilities for the disabled or
professional athletes; protection and development of cultural heritage;
m) Investment in geriatric centers, mental health centers,
treatment for agent orange patients; care centers for the elderly, the
disabled, orphans, street children;
n) People's credit funds, microfinance institutions
2. Administrative divisions given investment incentives:
a) Administrative divisions in disadvantaged area or
extremely disadvantaged areas;
b) Industrial parks, export-processing zones, hi-tech
zones, economic zones.
3. According to regulations of Clause 1 and Clause 2 of
this Article, the Government shall compile and adjust the List of business
lines given investment incentives and the List of administrative divisions
given investment incentives.
Article 17. Procedures for
investment incentives
1. If the project has been granted a Certificate of
investment registration, the registry office shall write the investment
incentives, bases, and conditions for provision of investment incentives on the
Certificate of investment registration.
2. If a Certificate of investment registration is not
required, the investor shall be given investment incentives if the conditions
for investment incentives are satisfied without having to apply for a
certificate of investment. In this case, the investor shall determine the
investment incentives and follow procedures for investment incentives at the
tax authority, finance authority, or customs authority according to the
conditions for investment incentives in Article 15 and Article 16 of this Law.
Article 18. Expansion of investment
incentives
The government shall request the National Assembly to
decide provision of investment incentives other than those in this Law and
other laws when the development of some especially important field or
administrative - economic units is necessary.
Section 2: INVESTMENT SUPPORT
Article 19. Forms of investment
support
1. Forms of investment support:
a) Support for development of technical infrastructure,
social infrastructure, and beyond the perimeter of the project;
b) Support for training and development of human resources;
c) Credit support;
d) Support for access to business premises; support for
relocation of manufacturing facilities from urban areas;
dd) Support for scientific & technological research,
technology transfers;
e) Support for market development, information provision;
g) Support for research and development.
2. The Government shall specify the form investment support
in Clause 1 of this Article which is provided for medium and small companies,
high-tech companies, science and technology companies, and science and
technology organizations, companies investing in agriculture and rural areas,
companies investing in education, dissemination of laws, and other
beneficiaries in conformity with socio-economic development in each period.
Article 20. Support for development
of infrastructure of industrial parks, export-processing zones, hi-tech zones,
economic zones
1. Pursuant to the approved master plan for development of
industrial parks, export-processing zones, hi-tech zones, economic zones,
ministers, ministerial agencies, the People’s Committees of provinces shall
make development investment plans and organize the construction of technical
infrastructure, social infrastructure beyond industrial parks,
export-processing zones, hi-tech zones, and specialized sectors of economic
zones.
2. The State shall provide support for part of the capital
investment in development from the state budget and concessional loan capital
in order to synchronously develop the technical infrastructure, social
infrastructure within and beyond the perimeter of industrial parks in
disadvantaged areas or extremely disadvantaged areas.
3. The State shall provide support for part of the capital
investment in development from the state budget, concessional loan capital, and
employ other capital mobilization methods to develop the technical
infrastructure, social infrastructure in economic zone and hi-tech zones.
Article 21. Development of housing,
public facilities and amenities for workers in industrial parks, hi-tech zones,
and economic zones
1. Pursuant to the master plan for development of
industrial parks, hi-tech zones, and economic zones approved by competent
authorities, the People’s Committees of provinces shall make planning and
prepare land for development of housing, public facilities and amenities for
workers in industrial parks, hi-tech zones, and economic zones.
2. If there are difficulties in provision of land for
development of housing, public facilities and amenities for workers in
industrial parks, hi-tech zones, and economic zones, competent authorities
shall adjust industrial park planning in order to use part of the land area for
development of housing, public facilities and amenities.
Chapter IV
INVESTMENT IN VIETNAM
Section 1: FORMS OF INVESTMENT
Article 22. Investment in
establishment of a business organization
1. Investors may establish business organizations in
accordance with law. Before establishing a business organization, the foreign
investor must have an investment project and apply for a Certificate of
investment registration following the procedures in Article 37 of this Law, and
satisfy the following conditions:
a) The investor’s charter capital satisfies the
requirements in Clause 3 of this Article;
b) The form of investment, operating scope, Vietnamese
partners, and other aspects are conformable with the international agreements
to which the Socialist Republic of Vietnam is a signatory.
2. Every foreign investor shall execute the investment
project via a business organization established in accordance with Clause 1 of
this Article, except for the case in which investment is made by contributing
capital, buying shares, buying capital contributions, or making investments
under contracts.
3. Foreign investors may own an indefinite amount of
charter capital invested in business organizations, except for the following
cases:
a) The holdings of the foreign investors at listed
companies, public companies, securities-trading organizations, and securities
investment funds are conformable with regulations of law on securities;
b) The holdings of the foreign investors at state-owned
companies that have been equitized or converted are conformable with
regulations of law on equitization and conversion of state-owned companies;
c) With regard to holdings of the foreign investors in
other cases than those mentioned in Point a and Point b of this Clause,
relevant regulations of law and the international agreements to which the
Socialist Republic of Vietnam is a signatory shall apply.
Article 23. Investments made by
foreign-invested business organizations
1. When establishing business organizations, contributing
capital, buying shares or capital contributions of business organizations;
making investments under business cooperation contracts in one of the following
cases, the foreign investor must satisfy the conditions and follow investment
procedures applied to foreign investors:
a) 51% of charter capital or more is held by foreign
investors, or the majority of the general partners are foreigners if the
business organization is a partnership;
b) 51% of charter capital or more is held by the business
organizations mentioned in Point a of this Clause;
c) 51% of charter capital or more is held foreign investors
and the business organizations mentioned in Point a of this Clause.
2. Foreign-invested business organizations in other cases
than those mentioned in Points a, b, and c of this Clause shall satisfy
conditions and follow investment procedures applied to Vietnamese investors
when establishing business organization, when making investment by contributing
capital, buying shares, buying capital contribution of business organizations,
when making investments under business cooperation contracts.
3. If a foreign-invested business organization that is
established in Vietnam has a new investment project, procedures for such investment
project shall be followed without having to establish a new business
organization.
4. The government shall specify the procedures for
establishing business organizations to execute investment projects of foreign
investors and foreign-invested business organizations.
Article 24. Making investment by
contributing capital, buying shares, or buying capital contributions of
business organizations
1. Investors are entitled to contribute capital, buy
shares, or buy capital contributions of business organizations.
2. Foreign investors making investment by contributing
capital, buying shares, buying capital contribution of business organizations
shall comply with regulations in Article 25 and Article 26 of this Law.
Article 25. Methods and conditions
for making capital contributions to business organizations, buying shares or
capital contributions of business organizations
1. Foreign investors may contribute capital to business
organizations in the following manners:
a) Buy shares of joint-stock companies through IPOs or
additional issuance;
b) Contribute capitals to limited liability companies and
partnerships;
c) Contribute capital to other business organizations not
mentioned in Point a and Point b of this Clause.
2. Foreign investors shall buy shares or capital
contributions of business organization in the following manners:
a) Buy shares of joint-stock companies from the companies
or their shareholders;
b) Buy capital contributions to limited liability companies
by their members and become members of limited liability companies;
c) Buy capital contributions to partnerships by partners
and become partners;
d) Buy capital contributions to business organizations
other than those mentioned in Points a, b, and c of this Clause from their
members.
3. The contribution of capital, purchase of shares or
capital contributions of foreign investors in the manners in Clause 1 and
Clause 2 of this Article must satisfy the conditions in Point a and Point b
Clause 1 Article 22 of this Law.
Article 26. Procedures for making
investment by contributing capital, buying shares, or buying capital
contributions
1. An investor shall follow the register the capital
contribution, purchase of shares, or capital contributions in the following
cases:
a) The investor contributes capital, buy shares or capital
contributions of business organizations engaged in business lines subject to
conditions applied to foreign investors.
b) 51% of charter capital of the business organization or
more is held by foreign investors and/or business organizations mentioned in
Clause 1 Article 23 of this Law after the capital is contributed, or
shares/capital contributions are purchased.
2. An application for registration of capital contribution
or purchase of shares/capital contribution:
a) A written for registration of capital contribution or
purchase of shares/capital contributions, which specify information about the
business organization to which investment is made; the holding of the foreign
investor after making investment;
b) A copy of the ID card or passport (if the investor is an
individual); a copy of the Certificate of establishment or an equivalent paper
that certifies the legal status of the investor (if the investor is an
organization).
3. Procedures for registration of capital contribution or
purchase of shares/capital contributions:
a) The investor shall submit the application prescribed in
Clause 2 of this Article at the Service of Planning and Investment of the
province where the headquarter of the business organization is situated;
b) If the contribution of capital, purchase of
shares/capital contributions satisfies the conditions in Point a and Point b
Clause 1 Article 22 of this Law, the Service of Planning and Investment shall
send a written notification to the investor within 15 days from the day on
which the satisfactory application is received in order for the investor to
follow procedures for changing shareholders/members as prescribed by law. If
conditions are not satisfied, the Service of Planning and Investment shall
notify the investor in writing and provide explanation.
4. Investors other than those mentioned in Clause 1 of this
Article shall follow procedures for changing shareholders/members as prescribed
by law when contributing capital, buying shares/capital contributions of
business organizations. If such investors wish to register the capital
contribution or purchase of shares/capital contributions, regulations in Clause
3 of this Article shall be followed.
Article 27. Investment under PPP
contracts
1. Investors and project management companies shall sign
PPP contracts with competent authorities to execute an investment project to
build new infrastructural works, to improve, upgrade, expand, manage, and
operate infrastructural works, or to provide public services.
2. The Government shall specify the fields, conditions, and
procedures for executing investment projects under PPP contracts.
Article 28. Investment under
business cooperation contracts
1. Business cooperation contracts signed between Vietnamese
inventors are executed in accordance with civil laws.
2. Procedures for issuance of Certificates of investment
registration in Article 37 of this Law shall apply to business cooperation
contracts signed between a Vietnamese investor with a foreign investor, or
between foreign investors.
3. Parties to a business cooperation contract shall
establish a steering board to execute BBC. Functions, tasks, powers of the
steering board shall be agreed by the parties.
Article 29. Contents of a business
cooperation contract
1. A business cooperation contract shall contain:
a) Names, addresses, authorized representatives of parties
to the contract; business address or project address;
b) Objectives and scope of business;
c) Contributions by parties to the contract and
distribution of profits;
d) Schedule and duration of the contract;
d) Rights and obligations of parties to the contract;
e) Adjustment, transfer, termination of contracts;
g) Responsibilities for breaches of contract; method of
dispute settlement.
2. During the execution of a business cooperation contract,
parties may reach an agreement on using assets derived from the business
cooperation to establish a company in accordance with regulations of law on
companies.
3. Parties to a business cooperation contract may reach
other agreements that do not contravene law.
Section 2: PROCEDURES FOR DECISION ON
INVESTMENT POLICIES
Article 30. The National Assembly’s
authority to issue decisions on investment policies
Except for the projects subject to issuance of decisions on
investment policies by the National Assembly according to regulations of law on
public investment, the National Assembly shall issue decisions on investment
policies of the following projects:
1. Projects that have significant effects on the
environment or potentially have seriously affect the environment, including:
a) Nuclear power plants;
b) Projects that change purposes of land in national parks,
wildlife sanctuaries, landscape sanctuaries, experimental forests of 50
hectares or larger; headwaters protective forests of 50 hectares or larger;
protection forests meant for protection against wind, sand, waves, land
reclamation, environmental protection of 500 hectares or larger, production
forests of 1,000 hectares or above;
2. Projects that change purposes of land meant for rice
cultivation with two or more crops of 500 hectares or larger;
3. Projects that require relocation of 20,000 people or
more in highlands; 50,000 people or more in other areas;
4. Projects that require special policies decided by the
National Assembly.
Article 31. The Prime Minister’s
authority to issue decisions on investment policies
Except for the projects subject to issuance of decisions on
investment policies by the Prime Minister according to regulations of law on
public investment and the projects mentioned in Article 30 of this Law, the
Prime Minister shall issue decisions on investment policies of the following
projects:
1. The following projects regardless of capital sources:
a) Projects that require relocation of 10,000 people or
more in highlands; 20,000 people or more in other areas;
b) Construction and operation of airports; air transport;
c) Construction and operation of national seaports;
d) Petroleum exploration, extraction, and refinery;
dd) Betting and casino services;
e) Cigarette production;
g) Development of infrastructure of industrial parks,
export-processing zones, and specialized sectors in economic zone;
h) Construction and operation of golf courses;
2. Projects not mentioned in Clause 1 of this Article in
which investment is VND 5,000 billion or above;
3. Projects of investment of foreign investors in sea
transport, provision of telecommunications services with network
infrastructure; afforestation, publishing, journalism, establishment of wholly
foreign-invested science and technology organizations or science and technology
companies;
4. Other projects subject to issuance of decisions on
investment policies by the Prime Minister as prescribed by law.
Article 32. Authority to issue
decisions on investment policies of the People’s Committees of provinces
1. Except for the projects subject to issuance of decisions
on investment policies by the People’s Committee of the provinces according to
regulations of law on public investment and the projects mentioned in Article
30 and Article 31 of this Law, the People’s Committees of provinces shall issue
decisions on investment policies of the following projects:
a) Projects that use land allocated or leased out by the
State without auction or bidding or transfer; projects that require changes of
land purposes;
b) Projects that use technologies on the List of
technologies restricted from transfer prescribed by regulations of law on
technology transfers.
2. The investment policies of investment projects in Point
a Clause 1 of this Article executed at industrial parks, export-processing
zones, hi-tech zones, and economic zones in conformity with planning approved
by competent authorities are not subject to approval of the People’s Committees
of provinces.
Article 33. Documents and procedures
for decision on investment policies by the People’s Committees of provinces
1. A project dossier consists of:
a) A written request for permission for execution of the
investment project;
b) A copy of the ID card or passport (if the investor is an
individual); a copy of the Certificate of establishment or an equivalent paper
that certifies the legal status of the investor (if the investor is an
organization).
c) An investment proposal that specifies: investor(s) in
the project, investment objectives, investment scale, investment capital,
method of capital rising, location and duration of investment, labor demand,
requests for investment incentives, assessment of socio-economic effects of the
project;
d) Copies of any of the following documents: financial
statements of the last two years of the investor; commitment of the parent
company to provide financial support; commitment of a financial institutions to
provide financial support; guarantee for investor’s financial capacity;
description of investor’s financial capacity;
dd) Demand for land use; if the project does not use land
allocated, leased out by the State, or is not permitted by the State to change
land purposes, then a copy of the lease agreement or other documents certifying
that the investor has the right to use the premises to execute the project
shall be submitted;
e) Explanation for application of technologies to the
project mentioned in Point b Clause 1 Article 32 of this Law, which specifies:
names of technologies, origins, technology process diagram, primary
specifications, conditions of machinery, equipment and primary technological
line;
g) The business cooperation contract (if the project is
executed under a business cooperation contract).
2. 7. The investor shall submit the dossier specified in
Clause 1 of this Article to the registry office.
Within 35 days from the day on which the project dossier is
received, the registry office shall notify the investor of the result.
3. Within 03 working days from the day on which the
satisfactory dossier is received, the registry office shall send written
requests for opinions from the regulatory agencies as prescribed in Clause 6 of
this Article.
4. Within 15 days from the receipt of the project dossier,
the inquired agencies shall send written responses to the registry office.
5. The land authority shall provide copies of maps, the
planning authority shall provide information about planning as the basis for
making appraisal as prescribed in this Article within 05 working days from the
receipt of the registry office’s request.
6. Within 25 days from the day on which the investment
project dossier is received, the registry office shall make and submit an
appraisal report to the People’s Committee of the province. The report shall
contain:
a) Information about the project: information about the
investor, objectives, scale, location, and duration of the project;
b) Assessment of the foreign investor’s fulfillment of
investment conditions (if any);
c) Assessment of conformity of the investment project with
the master socio-economic development planning, industrial planning, and land
planning; assessment of socio-economic effects of the project;
d) Assessment of investment incentives and fulfillment of
conditions for investment incentives (if any);
dd) Assessment of legal basis of investor’s rights to use
investment premises If a request for allocation of land, lease of land, or
change of land purposes is made, the investor’s fulfillment of conditions for
using land, land allocation, land lease, and change of land purposes shall be
assessed in accordance with regulations of law on land;
e) Assessment of technologies applied to the investment
project (if the project is one of those mentioned in Point b Clause 1 Article
32 of this Law).
7. Within 07 working days from the receipt of the project
dossier and appraisal report, the People’s Committee of the province shall
issue the decision on investment policies. In case of rejection, a written
response providing explanation shall be made.
8. The decision on investment policies made by the People’s
Committee of the province shall specify:
a) Name of the investor in the project;
b) Name, objectives, scale, investment capital, and
duration of the project;
c) Location of the project;
d) Schedule for project execution: schedule for capital
contribution and capital raising; schedule for infrastructural development and
inauguration (if any); schedule of each stage (if the project is divided into
multiple stages);
dd) Applied technologies;
e) Investment incentives, support, and conditions (if any);
g) Effective period of the decision on investment policies.
9. The government shall specify the documents and
procedures for appraising investment projects of which investment policies are
decided by the People’s Committees of provinces.
Article 34. Documents and
procedures for decision of investment policies by the Prime Minister
1. The investor shall submit the project dossier to the
local registry office. The dossier consists of:
a) The documents mentioned in Clause 1 Article 33 of this
Law;
b) Land clearance and relocation plan (if any);
c) Preliminary assessment of environmental impacts and
environmental protection measures;
d) Assessment of socio-economic effects of the project.
2. Within 03 working days from the day on which the
satisfactory dossier is received, the registry office shall send it to the
Ministry of Planning and Investment and send written requests for opinions from
the regulatory agencies as prescribed in Clause 6 of this Article.
3. Within 15 days from the receipt of the request, the
inquired agencies shall send written responses to the registry office and the
Ministry of Planning and Investment.
4. Within 25 days from the day on which the project dossier
is received, the registry office request the People’s Committee of the province
to appraise the project dossier and send it to the Ministry of Planning and
Investment.
5. Within 15 days from the receipt of the documents
mentioned in Clause 4 of this Article, the Ministry of Planning and Investment
shall appraise the project dossier and make an appraisal reports as prescribed
in Clause 6 Article 33 of this Article, the request the Prime Minister to issue
decisions on investment policies.
6. The Prime Minister shall consider deciding investment
policies as prescribed in Clause 8 Article 33 of this Law.
7. The government shall specify the documents and
procedures for appraising investment projects of which investment policies are
decided by the Prime Minister.
Article 35. Documents and
procedures for issuance of decision on investment policies by the National
Assembly
1. The investor shall submit the dossier to the local
registry office. The dossier consists of:
a) The documents mentioned in Clause 1 Article 33 of this
Law;
b) Land clearance and relocation plan (if any);
c) Preliminary assessment of environmental impacts and
environmental protection measures;
d) Assessment of socio-economic effects of the project;
dd) Proposed special policies (if any).
2. Within 03 working days from the day on which the
satisfactory dossier is received, the registry office shall send the project
dossier to the Ministry of Planning and Investment, and then the Ministry of
Planning and Investment shall send a report to the Prime Minister and request
an establishment of an Appraisal Council.
3. Within 90 days from its establishment, the Appraisal
Council shall appraise the project dossier and make a report in accordance with
Clause 5 Article 33 of this Law, then submit it to the Prime Minister.
4. At least 60 days before the opening of the General
Meeting of the National Assembly, the Government shall submit the decision on
investment policies to the agency in charge of appraisal of the National
Assembly.
5. The decision on investment policies shall be enclosed
with:
a) The Government’s report
b) The project dossier prescribed in Clause 1 of this
Article;
c) The appraisal report made by the Appraisal Council;
d) Relevant documents.
6. Appraisal contents:
a) Fulfillment of the criteria for identification of a
project subject to issuance of decisions on investment policies by the National
Assembly;
b) Necessity of the project;
c) Conformity of the project with the master socio-economic
development planning, industrial planning, and land and other resources
planning;
d) Objectives, scale, location, time, schedule for project
execution; demand for land use, land clearance and relocation plan, selection
of primary technologies, environmental protection solutions;
dd) Capital investment and capital raising plan;
e) Assessment of socio-economic effects;
g) Special policies; Investment incentives, support, and
conditions (if any).
7. The Government and relevant entities are responsible for
providing sufficient information and documents serving the appraisal; provide
explanation for the project contents at the request of the agency in charge of
appraisal of the National Assembly.
8. The National Assembly shall consider passing a
Resolution on investment policies, which consists of:
a) Name of the investor in the project;
b) Name, objectives, scale, investment capital, duration of
the project, capital contribution and capital raising schedule;
c) Location of the project;
d) Schedule of the project: schedule of infrastructural
development and inauguration (if any); schedule of achievements of primary targets
and items; targets, duration, and operations of each stage (if the project is
divided into multiple stages);
dd) Applied technologies;
e) Special policies; Investment incentives, support, and
conditions (if any);
g) Effective period of the Resolution on investment
policies.
9. The Government shall specify documents and procedures
for appraisal of project dossiers by Appraisal Council.
Section 3: PROCEDURES FOR ISSUANCE,
ADJUSTMENT, AND REVOCATION OF CERTIFICATE OF INVESTMENT REGISTRATION
Article 36. Cases in which the
Certificate of investment registration is required
1. The Certificate of investment registration is required
in the following cases:
a) Investment projects of foreign investors;
b) Investment projects of the business organizations mentioned
in Clause 1 Article 23 of this Article.
2. Cases in which the Certificate of investment
registration is not required:
a) Investment projects of Vietnamese investors;
b) Investment projects of the business organizations
mentioned in Clause 2 Article 23 of this Article;
c) Investment is made by contributing capital, buying
shares, or buying capital contributions of business organizations.
3. Vietnamese investors and the business organizations
mentioned in Clause 2 Article 23 of this Article shall execute the projects
mentioned in Article 30, Article 31, and Article 32 of this Law after their
investment policies are decided.
4. Any investor that wishes to obtain a Certificate of
investment registration for a project prescribed in Point a or Point b Clause 2
of this Article shall follow the procedures in Article 37 of this Article.
Article 37. Procedures for issuance
of Certificate of investment registration
1. If the project is subject to issuance of a decision on
investment policies as prescribed in Article 30, Article 31, and Article 32 of
this Law, the registry office shall issue the Certificate of investment
registration to the investor within 05 working days from the receipt of the
decision on investment policies.
2. If the project it not subject to issuance of a decision
on investment policies as prescribed in Article 30, Article 31, and Article 32
of this Law, the investor shall follow the procedures below:
a) The investor shall submit the documents mentioned in
Clause 1 Article 33 of this Law to the registry office;
b) Within 15 days from the receipt of sufficient documents,
the registry office shall issue the Certificate of investment registration. In
case of rejection, the investor must be notified in writing and provided with
explanation.
Article 38. Competence to issue,
adjust, and revoke Certificates of investment registration
1. Management boards of industrial parks, export-processing
zones, hi-tech zones, economic zones shall receive, issue, adjust, and revoke
Certificates of investment registration of the investment projects located
therein.
2. The Services of Planning and Investment shall zones
shall receive, issue, adjust, and revoke Certificates of investment
registration of the investment projects outside industrial parks,
export-processing zones, hi-tech zones, economic zones, except for the case in
Clause 3 of this Article.
3. The Service of Planning and Investment of the province
where the investor intends to place the head office or operating office to
execute the investment project shall receive, issue, adjust, and revoke
Certificates of investment registration of:
a) Any investment project that spreads over multiple
provinces;
b) Any investment project executed both inside and outside
industrial parks, export-processing zones, hi-tech zones, and economic zones;
Article 39. Contents of Certificate
of investment registration
1. Code of the project.
2. Name and address of the investor.
3. Name of the project.
4. Location and area of the project.
5. Objectives and scale of the project.
6. Capital investment in the project (including the
investor's capital and raised capital), capital contribution and capital
raising schedule.
7. Duration of the project.
8. Project execution schedule: schedule of infrastructural
development and inauguration (if any); schedule of achievements of primary
targets and items; targets, duration, and operations of each stage (if the
project is divided into multiple stages);
9. Investment incentives, support, and conditions (if any).
10. Conditions applied to the investor (if any).
Article 40. Adjusting the
Certificate of investment registration
1. When the Certificate of investment registration has to
be adjusted, the investor shall follow the procedures for adjusting the
Certificate of investment registration.
2. An application for adjustment to the Certificate of
investment registration consists of:
a) A written request for adjustment to the Certificate of
investment registration;
b) A report on project execution up to the date of project
adjustment;
c) A decision on adjustments to the investment project;
d) Documents mentioned in Points b, c, d, dd and e Clause 1
Article 33 of this Article relevant to the adjustments.
3. Within 10 working days from the day on which the
satisfactory application is received as prescribed in Clause 1 of this Article,
the registry office shall adjust the Certificate of investment registration. In
case of rejection, the investor must be notified in writing and provided with
explanation.
4. If the project is subject to issuance of a decision on
investment policies, the registry office shall follow the procedures for
issuance of a decision on investment policies before adjusting the Certificate
of investment registration if the adjustments are pertaining to the objectives,
targets, primary technologies of the project, increase or decrease of capital
investment by more than 10%, project duration, changes of investors or
conditions applied to investors (if any).
5. If the adjustment to the Certificate of investment
registration makes the project subject to issuance of a decision on investment
policies, the registry office shall follow the procedures for issuance of a
decision on investment policies before adjusting the Certificate of investment
registration.
Article 41. Revoking the
Certificate of investment registration
1. The registry office shall revoke the Certificate of
investment registration in case a project is terminated as prescribed in Clause
1 Article 48 of this Law.
2. The Government shall specify the procedures for revoking
the Certificate of investment registration.
Section 4: PROJECT EXECUTION
Article 42. Assurance of project
execution
1. The investor shall pay a deposit for assurance of
project execution if his/her project uses land allocated or leased out by the
State, or is permitted by the State to change land purposes.
2. The deposit is equal to 1% - 3% of the capital
investment, depending on the scale, characteristics, and execution schedule of
the project.
3. The deposit shall be returned to the investor according
to the project schedule, except for the case in which it is not returned.
4. The Government shall elaborate this Article.
Article 43. Durations of investment
projects
1. The duration of an investment project inside an economic
zone shall not be longer than 70 years.
2. The duration of an investment project in outside an
economic zone shall not be longer than 50 years. The duration of a project in
an disadvantaged area or extremely disadvantaged area or a project with slow
rate of capital recovery may be longer but not extending 70 years.
3. If a project uses land allocated or leased by the State,
but the transfer of land is delayed, the delay shall not be included in the
project duration.
Article 44. Assessment of
machinery, equipment and technological line
1. The investor is responsible for quality of machinery,
equipment and technological line used for the project as prescribed by law.
2. Where it is necessary for state management of science
and technology or determination of tax basis, competent regulatory bodies shall
request independent assessment of quality and value of machinery, equipment and
technological line.
Article 45. Project transfer
1. The investor is entitled to transfer part or all of the
project to another investor when the following conditions are satisfied:
a) The project is not terminated in the cases as prescribed
in Clause 1 Article 48 of this Law;
b) Investment conditions applied to foreign investors are
satisfied in case the foreign investor receives a project of investment in
conditional business lines;
c) Regulations of law on law, real estate trading is
complied with if the project transfer is associated with transfer of land;
d) Conditions in the Certificate of investment registration
or relevant regulations of law are complied with.
2. Where transferring a project subject to issuance of the
Certificate of investment registration, the investor shall submit the documents
mentioned in Clause 1 Article 33 of this Law and the project transfer contract
in order to change the investor.
Article 46. Extension of project
schedule
1. If the Certificate of investment registration or
decision on investment policies has been issued, the investor shall submit
written proposals to the registry office when extending the capital
contribution schedule, construction schedule, and inauguration schedule (if
any); schedule for target achievements.
2. Contents of the proposal:
a) The progress of the project and fulfillment of financial
obligation to the State since the issuance of the Certificate of investment
registration or decision on investment policies up to the extension date;
b) Explanation and length of extension;
c) Plan for carrying on the project, including capital
contribution plan, infrastructural development schedule, and inauguration
schedule;
d) The investor’s commitment to carry on the project.
3. The extension shall not exceed 24 months. In force
majeure events, the time for recovery shall not be included in the extension.
4. Within 15 days from the receipt of the proposal, the
registry office shall offer its opinions in writing.
Article 47. Project suspension and
termination
1. When suspending the project, the investor must notify
the registry office in writing. If the project has to be suspended in a force
majeure event, the investor shall be exempt from paying land rents for the
suspension period, which is necessary for recovery from the event.
2. The investment authority shall decide to suspend part or
all of the project in the following cases:
a) For protection of historical remains, relics, antiques,
national treasures according to the Law on Cultural heritage;
b) For environmental recovery at the request of a
environment authority;
c) For implementation of occupational safety measures at
the request of an labor authority;
d) The project is suspended under the decision or judgment
of the court or arbitral tribunal;
dd) The investor fails to adhere to the Certificate of
investment registration and recommits administrative violations after incurring
penalties.
3. The Prime Minister shall decide to suspend part or all
of a project if the project execution threatens to affect national security at
the request of the Ministry of Planning and Investment.
Article 48. Project termination
1. A project shall be terminated in the following cases:
a) The investor decides to terminate the project;
b) The project has to be terminated according to the
regulations of the contract or company’s charter;
c) The project duration is over;
d) The investor fails to overcome the difficulties that
lead to project suspension in the cases mentioned in Clause 2 and Clause 3
Article 47 of this Law;
dd) The land of the project is withdrawn by the State, or
the investor is not permitted to keep using the premises and fails to
complete procedures for change of project location within 06 months from the
day on which the decision on land/premises withdrawal is issued;
e) The registry office cannot contact the investor or the
investor’s legal representative after 12 months from the date of suspension of
the project;
g) The investor fails to execute or is not able to execute
the project after 12 months according to the schedule registered with the
registry office and is not permitted to extend the project execution schedule
as prescribed in Article 46 of this Law;
h) The project is terminated under a decision of the Court
or arbitral tribunal.
2. The registry office shall decide project termination in
the cases mentioned in Points d, dd, e, g, and h Clause 1 of this Article.
3. The investor shall liquidate the project in accordance
with regulations of law on asset liquidation when terminating the project.
4. In case the project land is withdrawn by the State but
the investor fails to liquidate assets on land within 12 months from the
withdrawal date, the agency that issues the decision on land withdrawal shall
liquidate such assets.
Article 49. Establishment of
foreign investor’s operating office under business cooperation contract
1. Foreign investors under a business cooperation contract
may establish an operating office in Vietnam to execute the contract. The
location of the operating office shall be decided by the foreign investors.
2. The operating office of a foreign investor in a business
cooperation contract has its own seal; the foreign investor may open an
account, hire employees, sign contracts, and do business under the business
cooperation contract and Certificate of registration of operating office.
3. The foreign investor shall submit the application for
registration of operating office to the registry office where the operating office
is intended to be located.
4. An application consists of:
a) An application form which specifies the name and address
of the representative office in Vietnam (if any) of the foreign investor; name,
address of the operating office; contents, duration, and operating scope of the
operating office; full name, residence, ID number or passport number of the
head of the operating office;
b) The foreign investor’s decision to establish an
operating office;
c) A copy of the decision to appoint the head of the operating
office;
d) A copy of the business cooperation contract.
5. Within 15 working days from the receipt of the
application prescribed in Clause 4 of this Article, the registry office shall
issue the Certificate of registration of operating office to the foreign
investor.
Article 50. Shutdown of foreign
investor’s operating office under business cooperation contracts
1. Within 07 working days from the day on which the
decision to shut down the operating office is issued, the foreign investor
shall send a folder to the registry office where the operating office is
located.
2. The folder consists of:
a) A decision to shut down the operating office ahead of
schedule;
b) A list of creditors and settled debts;
c) A list or employers and employers’ benefits provided;
d) A tax authority’s certification of fulfillment of tax
liability;
dd) A social insurance authority’s certification of
fulfillment of social insurance obligations;
e) A police authority’s certification of seal destruction;
g) The certificate of operating office registration;
h) A copy of the Certificate of investment registration;
i) A copy of the business cooperation contract.
3. Within 15 working days from the day on which sufficient
documents, the registry office shall issue the decision to shut down the
operating office.
Chapter V
OUTWARD INVESTMENT
Section 1: GENERAL PROVISIONS
Article 51. Rules for making
outward investments
1. Investors are encouraged by the State to make outward
investment in order to expand the market, improve the export of goods/services,
and receipt of foreign currencies; improve access to modern technologies, raise
the managerial capability and develop resources for socio-economic development.
2. Investors making overseas investments shall comply with
this Law, other regulations of law, laws of the countries or territories in
which investments are made (hereinafter referred to as host countries), and the
international agreements to which the Socialist Republic of Vietnam is a
signatory, and take responsibility for overseas investments they make.
Article 52. Forms of outward
investment
1. Outward investments in the following forms:
a) Establishing a business organization in accordance with
the law of the host country;
b) Execute a business cooperation contract overseas;
c) Purchase part or all of charter capital of an overseas
business organization to participate in the management and business investment
overseas;
d) Trading in securities, valuable papers, or making
investments via securities investment funds and other intermediate financial
institutions overseas;
dd) Other forms of investments prescribed by law of the
host country.
2. The Government shall elaborate the forms of investments
mentioned in Point d Clause 1 of this Article.
Article 53. Sources of capital for
outward investment
1. The investor shall invest and raise capital to make
investments overseas. Conditions and procedures for taking foreign currency
loans and transferring foreign currency capital must comply with regulations of
law on banking, credit institutions, and foreign currency management.
2. According to targets of monetary policies, foreign
currency management polices in each period, the State bank of Vietnam shall
promulgate regulations on credit institutions and branches of foreign banks in
Vietnam that grant foreign currency loans as prescribed in Clause 1 of this
Article to make outward investment.
Section 2: PROCEDURES FOR DECISION OF
OUTWARD INVESTMENT POLICIES
Article 54. Competence to issue
decisions on outward investment policies
1. The National Assembly shall issue decisions on outward
investment policies of:
a) Projects with outward investment capital of VND 20,000
billion or above;
b) Projects that require special policies decided by the
National Assembly.
2. Except for the cases in Clause 1 of this Article, the
Prime Minister shall issue decisions on outward investment policies of:
a) Banking, insurance, securities, journalism,
broadcasting, and telecommunications projects with outward investment capital
of VND 400 billion or above;
b) Projects not mentioned in Clause a of this Article with
outward investment capital of VND 800 billion or above.
Article 55. Documents and
procedures for The Prime Minister to issue decisions on outward investment
policies
1. The investor shall submit the project dossier to the
Ministry of Planning and Investment. The dossier consists of:
a) An outward investment registration form;
b) A copy of the ID card or passport (if the investor is an
individual); a copy of the Certificate of establishment or an equivalent paper
that certifies the legal status of the investor (if the investor is an
organization).
c) Project proposals: objectives, scale, form, and location
of the project; initial capital, capital raising plan, capital structure,
project execution schedule, investment stages (if any); and preliminary
analysis of the project effectiveness;
d) Copies of any of the documents proving the investor’s
financial capacity: financial statements of the last two years of the investor;
commitment of the parent company to provide financial support; commitment of a
financial institution to provide financial support; guarantee for investor’s
financial capacity; other documents proving the investor’s financial capacity;
dd) A commitment to balance foreign currency sources, or a
commitment of a permitted credit institution to provide foreign currencies for
the investor;
e) The decision on outward investment as prescribed in
Clause 1 and Clause 2 Article 57 of this Law;
g) With regard to a project of outward investment in banking,
securities, science and technology, the investor shall submit a written
certification of the investor’s fulfillment of conditions for outward
investment issued by a competent authority in accordance with the Law on credit
institutions, the Law on Securities, the Law on science and technology, and the
Law on Insurance Business.
2. Within 03 working days from the day on which the project
dossier is received, the Ministry of Planning and Investment shall send the
dossier to relevant regulatory bodies for opinions.
3. Within 15 days from the receipt of the project dossier,
the inquired agencies shall offer their opinions.
4. Within 30 days from the day on which the project dossier
is received, the Ministry of Planning and Investment shall carry out an appraisal
and submit a report to the Prime Minister. The report shall contain:
a) Conditions for issuance of the Certificate of
registration of outward investment prescribed in Article 58 of this Law;
b) The investor’s legal status;
c) Necessity of the outward investment;
d) Conformity of the project with Clause 1 Article 51 of
this Law;
dd) Project contents: scale, form of investment, location,
duration, execution schedule, capital, and capital sources;
e) Reassessment of risks at the host country.
5. The Prime Minister shall consider deciding outward
investment policies, including:
a) The investor;
b) Objectives and location of the project;
c) Capital and capital sources; capital contribution and
capital raising schedule; overseas investment schedule;
d) Investment incentives and support (if any).
Article 56. Documents and
procedures for National Assembly to issue decisions on outward investment
policies
1. The investor shall submit the documents mentioned in
Clause 1 Article 55 of this Law to the Ministry of Planning and Investment.
2. Within 05 working days from the day on which the
satisfactory dossier is received, the Ministry of Planning and Investment shall
request the Prime Minister to establish an Appraisal Council.
3. Within 90 days from its establishment, the Appraisal
Council shall carry out an appraisal and make a report in accordance with
Clause 4 Article 55 of this Law.
4. At least 60 days before the opening of the General
Meeting of the National Assembly, the Government shall submit the decision on
outward investment policies to the agency in charge of appraisal of the
National Assembly. The dossier consists of:
a) The Government’s report;
b) The project dossier prescribed in Clause 1 Article 55 of
this Law;
c) The appraisal report made by the Appraisal Council;
d) Relevant documents.
5. The National Assembly shall consider passing a
Resolution on outward investment policies, the contents of which are specified
in Clause 5 Article 55 of this Law.
Section 3: PROCEDURES FOR ISSUANCE,
ADJUSTMENT, AND REVOCATION OF CERTIFICATE OF OUTWARD INVESTMENT REGISTRATION
Article 57. Competence to decide
outward investment
1. State-owned companies shall decide outward investments
in accordance with regulations of law on management and investment of state
capital in other businesses.
2. Outward investment in cases other than those specified
in Clause 1 of this Article shall be decided by investors in accordance with
this Law, Company law, and relevant regulations of law.
3. The investor and the agency that represents state
capital at other businesses mentioned in Clause 1 and Clause 2 of this Article
shall be responsible for the decision on outward investment.
Article 58. Requirements for
issuance of Certificate of registration of outward investment
1. The outward investment must comply with the rules in
Article 51 of this Law.
2. The outward investment is not made in the banned
business lines as prescribed in Article 6 of this Law.
3. The investor or a permitted credit institution has made
a commitment to prepare foreign currencies or outward investment; if a capital
in foreign currency of at least VND 20 billion is transferred overseas and does
not belong to the project as prescribed in Article 54 of this Law, the Ministry
of Planning and Investment shall request the State bank of Vietnam to provide
opinions in writing.
4. There is a decision on outward investment as prescribed
in Clause 1 and Clause 2 Article 57 of this Law.
5. There is a certification of the investor’s fulfillment
of tax obligation up to the date of submission of the project dossier.
Article 59. Procedures for issuance
of Certificate of registration of outward investment
1. If the project is subject to the issuance of a decision
on outward investment policies, the Ministry of Planning and Investment shall
issue the Certificate of outward investment registration to the investor within
05 working days from the day on which the decision on investment policies is
received.
2. If cases other than the case in Clause 1 of this
Article, the investor shall submit an application for Certificate of investment
registration to the Ministry of Planning and Investment. The application
consists of:
a) An outward investment registration form;
b) A copy of the ID card or passport (if the investor is an
individual); a copy of the Certificate of establishment or an equivalent paper
that certifies the legal status of the investor (if the investor is an
organization).
c) The decision on outward investment as prescribed in
Clause 1 and Clause 2 Article 57 of this Law;
d) A commitment to balance foreign currency sources, or a
commitment of a permitted credit institution to provide foreign currencies for
the investor as prescribed in Clause 3 Article 58 of this Law;
dd) With regard to a project of outward investment in
banking, securities, science and technology, the investor shall submit a
written certification of the investor’s fulfillment of conditions outward
investment issued by a competent authority in accordance with the Law on credit
institutions, the Law on Securities, the Law on science and technology, and the
Law on Insurance Business.
3. Within 15 working days from the receipt of the
application prescribed in Clause 2 of this Article, the Ministry of Planning
and Investment shall issue the Certificate of outward investment registration.
If the application is rejected, the investor must be notified in writing and
provided with explanation.
4. The government shall elaborate the procedures for
appraisal of outward investment projects; issuance, adjustment, invalidation of
the Certificate of outward investment registration.
Article 60. Contents of Certificate
of registration of outward investment
1. Code of the investment project.
2. Name and address of the investor.
3. Name of the investment project.
4. Objectives and location of the project.
5. Capital and capital sources; capital contribution and
capital raising schedule; overseas investment schedule;
6. Rights and obligations of the investor.
7. Incentives and support (if any).
Article 61. Adjusting Certificate
of registration of outward investment
1. Where it is necessary to make changes to an outward
investment project in terms of the investor, location, objectives, scale,
capital, capital sources, investment schedule, investment incentives, use of
profit for overseas project execution, the investor shall submit an application
for adjustments to the Certificate of outward investment registration to the
Ministry of Planning and Investment.
2. An application for adjustments to Certificate of
registration of outward investment consists of:
a) A written request for adjustments to the Certificate of
outward investment registration;
b) A copy of the ID card or passport (if the investor is an
individual); a copy of the Certificate of establishment or an equivalent paper
that certifies the legal status of the investor (if the investor is an
organization).
c) A report on operation of the project up to the date of
submission of the application for adjustments to Certificate of registration of
outward investment;
d) A decision on changes to the outward investment project
as prescribed in Clause 1 and Clause 2 Article 57 of this Law;
dd) A copy of the Certificate of outward investment
registration;
e) There is a certification of the investor’s fulfillment
of tax obligation up to the date of submission of the project dossier.
3. The Ministry of Planning and Investment shall adjust the
Certificate of outward investment registration within 15 working days from the
receipt of the satisfactory application prescribed in Clause 2 of this Article.
4. If the project is subject to issuance of a decision on
outward investment policies, the Ministry of Planning and Investment shall
follow procedures for issuance of a decision on outward investment policies
before adjusting the Certificate of outward investment registration as
prescribed in Clause 1 of this Article.
5. If the investor's request for adjustments to the
Certificate of outward investment registration makes the project subject to
issuance of a decision on investment policies, the Ministry of Planning and
Investment shall follow the procedures for issuance of a decision on investment
policies before adjusting the Certificate of outward investment registration.
Article 62. Termination of an
outward investment project
1. A outward investment project shall be terminated in the
following cases:
a) The investor decides to terminate the project;
b) The project duration is over;
c) The project is terminated according to the regulations
of the contract or company’s charter;
d) The investor transfers all of overseas capital to a
foreign investors;
dd) The project is not approved by the host country after
12 months from the date of issue of the Certificate of outward investment
registration, or the project is not commenced after 12 months from the day on
which it is approved by a competent authority of the host country;
e) The investor fails to execute the project or is not able
to execute the project according to the registered schedule after 12 months
from the date of issue of the Certificate of investment registration, and does
not adjust the investment schedule;
g) The investor fails to submit a written report on the
operation of the project after 12 months from the day on which the annual tax
declaration or an equivalent document is available as prescribed by the host
country’s law;
h) The overseas business organization is dissolved or goes
bankrupt as prescribed by the host country’s law;
i) The project is terminated under the decision or judgment
of the court or arbitral tribunal.
2. The Ministry of Planning and Investment shall invalidate
the Certificate of outward investment registration in the cases in Clause 1 of
this Article.
Section 4: COMMENCEMENT OF OVERSEAS
INVESTMENT
Article 63. Opening an account of
outward investment capital
Transfer of money from Vietnam to abroad and from abroad to
Vietnam pertaining to outward investment must be made via a separate account
opened at a permissible credit institution in Vietnam and registered at the
State bank of Vietnam in accordance with regulations of law on foreign exchange
management.
Article 64. Transfer of outward
investment capital
1. An investor may transfer outward investment when the
following conditions are satisfied:
a) The Certificate of outward investment registration is
granted, except for the case in Clause 3 of this Article;
b) The investment has been approved or licensed by a
competent authority of the host country. If the host country’s law does not
cover investment licensing or approval, the investor must provide documents
proving his/her right to make investment in that country;
c) There is a capital account as prescribed in Article 63
of this Law.
2. The transfer of outward investment capital Outward must
comply with regulations of law on foreign exchange, export, technology transfers,
and relevant regulations of law.
3. Investors may transfer foreign currencies, goods,
machinery and equipment to abroad to serve market survey, research, and other
investment preparation prescribed by the Government.
Article 65. Transferring profit to Vietnam
1. Within 06 months from the day on which the annual tax
declaration or an equivalent document is available as prescribed by the host
country’s law, the investor transfer the entire profit and other incomes
derived from overseas investment to Vietnam, unless profit is used for overseas
investment as prescribed in Article 66 of this Law.
2. If the profit and other incomes are not transferred to
Vietnam within the time limit prescribed in Clause 1 of this Article, the
investor shall submit a written report to the Ministry of Planning and
Investment and the State bank of Vietnam. The deadline for transferring profit
to Vietnam shall be extended not more than twice, each extension shall not
exceed 06 months and must be approved in writing by the Ministry of Planning
and Investment.
Article 66. Use of profit for
overseas investment
1. The investor that uses profit derived from overseas
investment to increase capital, expand overseas investment shall follow
procedures for adjusting the Certificate of outward investment registration and
submit a report to the State bank of Vietnam.
2. If profit derived from the overseas project is used for
another overseas project, the investor shall follow procedures for the
Certificate of outward investment registration of such project, register a
capital account and monetary capital transfer schedule with the State bank of
Vietnam.
Chapter VI
STATE MANAGEMENT OF
INVESTMENT
Article 67. Contents of state
management of investment
1. Promulgate, disseminate, and organize implementation of
legislative documents on investment.
2. Develop and organize implementation of strategies,
plannings, plans, and policies for investments in Vietnam and outward
investments.
3. Assess the developments and macroeconomic effects of
investment activities.
4. Develop, manage, and operate National Investment
Information System.
5. Issue, adjust, revoke Certificates of investment
registration, Certificates of outward investment registration, decisions on
investment policies, and decisions on outward investment policies in accordance
with this Law.
6. Perform state management tasks pertaining to industrial
parks, export-processing zones, hi-tech zones, and economic zones.
7. Organize and implement investment promotion.
8. Inspect and supervise investment activities; coordinate
investment management tasks.
9. Instruct, support investors and resolve their
difficulties in making investment; resolve complaints, denunciations; decide
commendation and disciplinary actions.
10. Negotiate and conclude international agreements on
investments.
Article 68. Responsibilities of
regulatory bodies for investment management
1. The government shall promulgate uniform regulations on
management of investments in Vietnam and outward investments.
2. The Ministry of Planning and Investment shall assist the
Government in promulgating uniform regulations on management of investments in
Vietnam and outward investments.
3. The Ministry of Planning and Investment has the
following responsibilities and rights:
a) Request the Government and the Prime Minister to
consider approving strategies, plannings, plans, and policies for investments
in Vietnam and outward investments;
b) Promulgate or request competent authorities to
promulgate legislative documents on investments in Vietnam and outward
investments;
c) Provide forms of documents serving procedures for
investments in Vietnam and outward investments;
d) Provide instruction, organize, supervise, inspect, and
assess the implementation of legislative documents on investments;
dd) Assess and report the developments of investments in
Vietnam and outward investments;
e) Develop, manage, and operate National Investment
Information System;
g) Take charge and cooperate with relevant agencies in
supervising, assessing, and inspecting investments in Vietnam and outward
investments;
h) Request competent authorities to decide the suspension
of projects that are approved or adjusted ultra vires or against regulations of
law on investment;
i) Perform state management tasks pertaining to Industrial
parks, export-processing zones, economic zones;
k) Perform state management tasks pertaining to investment
promotion in Vietnam and overseas;
l) Negotiate and conclude international agreements on
investments;
m) Other responsibilities and rights pertaining to
investment management given by the Government and the Prime Minister.
4. Responsibilities, rights of other Ministries and
ministerial agencies:
a) Cooperate with the Ministry of Planning and Investment,
other Ministries and ministerial agencies in formulating laws and policies on
investments;
b) Take charge and cooperate with other Ministries and
ministerial agencies in formulating laws, policies, standards, technical
regulations, and instructions;
c) Impose and request Government to promulgate conditions
for making investment in the business lines mentioned in Article 7 of this Law;
d) Take charge and cooperate with the Ministry of Planning
and Investment in formulating planning and compiling a list of projects
attracting investments; carry out investment promotion;
dd) Participating in appraisal of projects subject to
issuance of decisions on investment policies as prescribed in this Law;
e) Carry out supervision, assessment, and inspection of the
fulfillment of investment conditions of the projects under their management;
g) Take charge and cooperate with the People’s Committees
of provinces, other Ministries and ministerial agencies in resolving
difficulties of investment projects in state management; provide guidance on
distribution of powers and authorize management boards of industrial parks,
export-processing zones, hi-tech zones, and economic zones to perform state
management tasks therein;
h) Carry out periodic assessments of socio-economic effects
of projects under their management and send reports to the Ministry of Planning
and Investment;
i) Maintain and update management information systems under
their management; integrate them into the National Investment Information
System.
5. Responsibilities and rights of the People’s Committees
of provinces, the Services of Planning and Investment, management boards of
industrial parks, export-processing zones, hi-tech zones, economic zones:
a) Cooperate with Ministries, ministerial agencies in
compiling and issuing Lists of local projects attracting investments;
b) Follow procedures issuance, adjustment, and revocation
of Certificates of investment registration;
c) Exercise the rights of regulatory bodies to projects
under their management;
d) Resolve investors' difficulties or request competent
authorities to do so;
dd) Carry out periodic assessments of effectiveness of
local projects and send reports to the Ministry of Planning and Investment;
e) Maintain, update National Investment Information System
within their competence;
g) Provide instructions on organization, supervisions, and
assessment of reporting.
6. Vietnam’s representative bodies overseas are responsible
for monitoring, providing support, protecting the lawful rights and interests
of Vietnamese investors in the host countries.
Article 69. Supervision and
assessment of investment
1. Supervision and assessment of investment include:
a) Supervision and assessment of investment project;
b) Supervision and assessment of investment on an overall
scale.
2. Responsibility for supervision and assessment of
investment:
a) The National Assembly and the People’s Councils shall
exercise their rights to supervise investment as prescribed by law;
b) Investment authorities and specialized authorities shall
carry out supervision and assessment of investment on an overall scale and each
project under their management;
c) Register offices shall supervise and assess the
investment projects to which they grant Certificates of investment
registration;
d) Vietnamese Fatherland Front shall supervise community
investments within their competence.
3. Supervision and assessment of investment projects:
a) With regard to projects funded by state capital,
investment authorities and specialized authorities shall carry out supervision
and assessment according to the contents of the decisions on investment;
b) With regard to projects funded by other sources,
investment authorities and specialized authorities shall supervise and assess
the conformity of the planning and investment policies approved by competent
authorities, the investment schedule, fulfillment of environmental protection
requirements, use of land and other resources as prescribed by law;
c) Registry offices shall assess the adherence to
Certificates of investment registration and decisions on investment policies.
4. Contents of overall supervision and assessment of
investment:
a) Promulgation of legislative documents on guidelines for
regulations of law on investment;
b) Progress of project execution;
c) Assessment of investment result nationwide, of Ministries,
ministerial agencies, local authorities, and investment projects under their
management;
d) Propose solutions for difficulties and actions against
violations to regulatory agencies at the same level and investment authorities.
5. The organizations and agencies shall carry out
assessment themselves or hire capable experts or advisory organizations to do
so.
6. The Government shall elaborate this Article.
Article 70. National Investment
Information System
1. National Investment Information System consists of:
a) National Information System for Domestic Investment;
b) National Information System for Inward and Outward
Investments.
2. The Ministry of Planning and Investment shall take
charge and cooperate with relevant agencies in developing and operating National
Investment Information System, assess the operation of such system by central
and local investment authorities.
3. Investment authorities and investors shall promptly and
accurately update information on National Investment Information System.
4. Information about investment projects in National
Investment Information System is considered original and lawful information.
Article 71. Reports on investment
in Vietnam
1. Reporting entities:
a) Ministries, ministerial agencies, the People’s
Committees of provinces;
b) Registry offices;
c) Investors and business organizations executing projects
as prescribed in this Law.
2. Periodic reports:
a) Investors and business organizations executing
investment projects shall submit monthly, quarterly, and annual reports to
registry offices and local statistical agencies on the project execution, which
specify: capital, investment results, employees, payment to government budget,
investment in R&D, environmental protection, and other professional
indicators;
b) Register offices shall submit monthly, quarterly, and
annual reports to the Ministry of Planning and Investment and the People’s
Committees of provinces on receipt of applications, issuance, adjustment, and
revocation of Certificates of investment registration, and the operation of
projects under their management;
c) The People’s Committees of provinces shall submit
quarterly and annual reports on local investments to the Ministry of Planning
and Investment;
d) Ministries and ministerial agencies shall submit quarterly
and annual reports on issuance, adjustment, and revocation of Certificates of
investment registration and equivalent papers under their management, and the
operation of projects under their management to the Ministry of Planning and
Investment. Then, the Ministry of Planning and Investment shall submit a
summary report to the Prime Minister;
dd) The Ministry of Planning and Investment shall submit
quarterly and annual reports to the Prime Minister on investments nationwide
and adherence to regulations on investment reporting of the entities mentioned
in Clause 1 of this Article.
3. Agencies, investors, and business organizations shall
make reports in writing via National Investment Information System.
4. Agencies, investors, and business organizations
mentioned in Clause 1 of this Article shall make unscheduled reports at the
request of competent authorities.
5. If a project is exempt from Certificate of investment
registration, the investor shall submit a report to the registry office before
commencement of the project execution.
Article 72. Reports on overseas
investment
1. Reporting entities:
a) Ministries, ministerial agencies, the People’s
Committees of provinces;
b) Registry offices where outward investments are
registered;
c) Investors executing projects as prescribed in this Law.
2. Regulations on reporting applied to Ministries,
ministerial agencies, the People’s Committees of provinces:
a) Ministries, ministerial agencies, the People’s
Committees of provinces shall submit biannual and annual reports on state
management of outward investments within their competence to the Ministry of
Planning and Investment and the Prime Minister;
b) The Ministry of Planning and Investment shall
submit biannual and annual reports on investments nationwide and adherence to
regulations on investment reporting of the entities mentioned in Clause 1 of
this Article to the Prime Minister.
3. Reporting regulations applied to investors:
a) Within 60 days from the day on which the project is
approved or licensed as prescribed by law of the host country, the investor
shall send a written notification of overseas investment enclosed with a copy
of the written approval for the project or a document proving the right to make
direct investment in the host country to the Ministry of Planning and
Investment, the State bank of Vietnam, and a diplomatic mission of Vietnam in
the host country;
b) The investor shall submit quarterly and annual reports
on the operation of the project to the Ministry of Planning and Investment, the
State bank of Vietnam, and a diplomatic mission of Vietnam in the host country;
c) Within 06 months from the day on which the annual tax
declaration or an equivalent document is available as prescribed by the host
country’s law, the investor shall submit a report on the operation of the
project enclosed with the financial statement, annual tax declaration, or an
equivalent document prescribed by the host country’s law to the Ministry of
Planning and Investment, the State bank of Vietnam, the Ministry of Finance, a
diplomatic mission of Vietnam in the host country, and a competent authorities
prescribed in this Law and relevant laws;
d) If the outward investment project is funded by state
capital, apart from complying with regulations in Points a, b, and c of this
Clause, the investor shall make reports in accordance with regulations of law
on management and investment of state capital in other businesses.
4. The reports mentioned in Clause 2 and Clause 3 of this
Article shall be made in writing via National Investment Information System.
5. The agencies, organizations, and investors in Clause 1
of this Article shall make unscheduled reports at the request of competent
authorities.
Chapter VII
IMPLEMENTATION
Article 73. Actions against
violations
1. Any entity that violates this Law shall face
disciplinary actions, administrative penalties, or criminal prosecution
depending on nature and severity of the violations, and pay compensation for
any damage caused.
2. Any person that misuse his/her power to obstruct investment
activities, harass investors, or fails to perform their duties as prescribed by
law shall face disciplinary actions or criminal prosecution depending on nature
and severity of the violations.
Article 74. Transition
1. Any investor granted the investment license or
Certificate of investment before this Law takes effect may keep executing their
investment project according to the investment license or Certificate of
registration granted. The registry office shall replace it with the Certificate
of investment registration if requested by the investor.
2. Any investor that has been executing a project before
this Law takes effect, which is subject to issuance of a Certificate of
investment registration or decision on investment policies as prescribed by this
Law is not required to follow procedures for the Certificate of investment
registration or decision on investment policies. Any investor that wishes to
obtain a Certificate of investment registration shall follow the procedures in
this Law.
3. Conditions for business investment in legislative
documents promulgated before the effective date of this Law that contravene
Clause 3 Article 7 of this Law are annulled form July 01, 2016.
4. The Government shall elaborate Clause 1 and Clause 2 of
this Article.
Article 75. Amendments to Clause 1
Article 18 of the Law on High technology No. 21/2008/QH12
Clause 1 Article 18 of the Law on High technology No.
21/2008/QH12 is amended as follows:
“1. A high technology must satisfy the following criteria:
a) Producing hi-tech products on the List of hi-tech
products given priority prescribed in Article 6 of this Law;
b) Applying eco-friendly, energy-saving solutions to
manufacturing and quality control in accordance with Vietnam’s technical
regulations and standards (or international standards if no Vietnam’s technical
regulations and standards are available);
c) Other criteria established by the Prime Minister.”.
Article 76. Effect
1. This Law takes effect on July 01, 2015.
2. The Law on Investment No. 59/2005/QH11 and the National
Assembly’s Resolution No. 49/2010/QH12 on projects and works of national
importance subject to decision of the National Assembly are annulled from the
effective date of this Law.
3. The Government and competent authorities shall elaborate
the Articles and Clauses assigned.
This Law is passed by the 13th National Assembly
of Socialist Republic of Vietnam on November 26, 2014 during the 8th
session.
|
|
PRESIDENT OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung
|
APPENDIX 1
LIST
OF NARCOTIC SUBSTANCES BANNED FROM INVESTMENT
|
No.
|
Name of substance
|
Scientific name
|
CAS code
|
|
1
|
Acetorphine
|
3-O-acetyltetrahydro - 7 -
α - (1 - hydroxyl -1 - methylbutyl) - 6, 14 - endoetheo - oripavine
|
25333-77-1
|
|
2
|
Acetyl-alpha-
methylfenanyl
|
N- [1 - (α -
methylphenethyl) - 4 - piperidyl] acetanilide
|
101860-00-8
|
|
3
|
Alphacetylmethadol
|
α - 3 - acetoxy - 6 -
dimethylamino - 4,4 - diphenylheptane
|
17199-58-5
|
|
4
|
Alpha-methylfentanyl
|
N- [ 1 - (α -
methylphenethyl) - 4 - piperidyl] propionanilide
|
79704-88-4
|
|
5
|
Beta-hydroxyfentanyl
|
N- [ 1 - (β -
hydroxyphenethyl) - 4 - piperidyl] propionanilide
|
78995-10-5
|
|
6
|
Beta-hydroxymethyl-3 - fentanyl
|
N- [1 - (β -
hydroxyphenethyl) - 3 - methyl - 4 - piperidyl] propinonardlide
|
78995-14-9
|
|
7
|
Brolamphetamine
(DOB)
|
2,5 - dimethoxy - 4 - bromoamphetamine
|
64638-07-9
|
|
8
|
Marijuana
And Derivatives
|
|
8063-14-7
|
|
9
|
Cathinone
|
(-) - α - aminopropiophenone
|
71031-15-7
|
|
10
|
Desomorphine
|
Dihydrodeoxymorphine
|
427-00-9
|
|
11
|
DET
|
N, N- diethyltryptamine
|
7558-72-7
|
|
12
|
Delta-9-tetrahydrocanabinol
và các đồng phân
|
(6aR, 10aR) - 6a,
7, 8, 10a- tetrahydro - 6,6,9 - trimethyl - 3 - pentyl - 6H-
dibenzo [b,d] pyran -1 - ol
|
1972-08-3
|
|
13
|
DMA
|
(±) - 2,5 - dimethoxy - α -
methylphenylethylamine
|
2801-68-5
|
|
14
|
DMHP
|
3 - (1,2 - dimethylheptyl) -1 -
hydroxy - 7, 8, 9, 10 - tetrahydro - 6,6,9 - trimethyl - 6H- dibenzo [b,d]
pyran
|
32904-22-6
|
|
15
|
DMT
|
N, N- dimethyltryptamine
|
61-50-7
|
|
16
|
DOET
|
(±) - 4 - ethyl - 2,5 - dimethoxy
-α- phenethylamine
|
22004-32-6
|
|
17
|
Eticyclidine
|
N- ethyl -1 -
phenylcylohexylamine
|
2201-15-2
|
|
18
|
Etorphine
|
Tetrahydro -7α - (1 - hydroxy - 1
- methylbutyl) - 6,14 - endoetheno - oripavine
|
14521-96-1
|
|
19
|
Etryptamine
|
3 - (2 - aminobuty) indole
|
2235-90-7
|
|
20
|
Heroine
|
Diacetylmorphine
|
561-27-3
|
|
21
|
Ketobemidone
|
4 - meta - hydroxyphenyl -
1 - methyl - 4 - propionylpiperidine
|
469-79-4
|
|
22
|
MDMA
|
(±) - N - α - dimethyl -
3,4 - (methylenedioxy) phenethylamine
|
42542-10-9
|
|
23
|
Mescalin
|
3,4,5 - trimethoxyphenethylamine
|
54-04-6
|
|
24
|
Methcathinone
|
2 - (methylamino) -1 -
phenylpropan - 1 - one
|
5650-44-2
|
|
25
|
4 -
methylaminorex
|
(±) - cis - 2 - amino - 4
- methyl - 5 - phenyl - 2 - oxazoline
|
3568-94-3
|
|
26
|
3 -
methylfentanyl
|
N- (3 - methyl - 1 -
phenethyl - 4 - piperidyl) propionanilide
|
42045-86-3
|
|
27
|
3 -
methylthiofentanyl
|
N- [3 - methyl - 1 [2 - (2
- thienyl) ethyl] - 4 - piperidyl] propionanilide
|
86052-04-2
|
|
28
|
MMDA
|
(±) - 5 - methoxy - 3,4 -
methylenedioxy - α - methylphenylethylamine
|
13674-05-0
|
|
29
|
Morphine
methobromide derivatives of other Morphine Nitrogen V
|
(5α,6α)-17 -Methyl-7,8
-didehydro-4,5 - epoxymorphinan-3,6-diol - bromomethane (1:1)
|
125-23-5
|
|
30
|
MPPP
|
1 - methyl - 4 - phenyl - 4 -
piperidinol propionate (ester)
|
13147-09-6
|
|
31
|
(+) -
Lysergide (LSD)
|
9,10 - didehydro -N,N- diethyl -
6 - methylergoline - 8β carboxamide
|
50-37-3
|
|
32
|
N - hydroxy MDA (MDOH)
|
(±) - N- hydroxy - [a -
methyl - 3,4 - (methylenedyoxy) phenethyl] hydroxylamine
|
74698-47-8
|
|
33
|
N-ethyl MDA
|
(±) N - ethyl - methyl -
3,4 - methylenedioxy) phenethylamine
|
82801-81-8
|
|
34
|
Para - fluorofentanyl
|
4’ - fluoro - N - (1 - phenethyl
- 4 - piperidyl) propionanilide
|
90736-23-5
|
|
35
|
Parahexyl
|
3 - hexyl - 7, 8, 9, 10 -
tetrahydro - 6, 6, 9 - trimethyl - 6H- dibenzo [b,d] pyran - 1
- ol
|
117-51-1
|
|
36
|
PEPAP
|
1 - phenethyl - 4 - phenyl - 4 -
piperidinol acetate
|
64-52-8
|
|
37
|
PMA
|
p - methoxy - a -
methylphenethylamme
|
64-13-1
|
|
38
|
Psilocine,
Psilotsin
|
3 - [2 - (dimetylamino) ethyl]
indol - 4 - ol
|
520-53-6
|
|
39
|
Psilocybine
|
3 - [2 - dimetylaminoethyl] indol
- 4 - yl dihydrogen phosphate
|
520-52-5
|
|
40
|
Rolicyclidine
|
1 - (1 - phenylcyclohexy)
pyrrolidine
|
2201-39-0
|
|
41
|
STP,
DOM
|
2,5 - dimethoxy - 4, α - dimethylphenethylamine
|
15588-95-1
|
|
42
|
Tenamfetamine
(MDA)
|
α - methyl - 3,4 -
(methylendioxy) phenethylamine
|
4764-17-4
|
|
43
|
Tenocyclidine
(TCP)
|
1 - [1 - (2 - thienyl)
cyclohexyl] piperidine
|
21500-98-1
|
|
44
|
Thiofentanyl
|
N - (1 [2- (2 - thienyl)
ethyl] - 4 - piperidyl] - 4 - propionanilide
|
1165-22-6
|
|
45
|
TMA
|
(+) - 3,4,5 - trimethoxy - α -
methylphenylethylamine
|
1082-88-8
|
This List covers every salt that can exist of the
substances therein.
APPENDIX 2
LIST
OF CHEMICALS AND MINERALS
|
No.
|
Chemical name
|
CAS code
|
HS code
|
|
A
|
Toxic
chemical
|
|
|
|
1
|
O-Alkyl
compounds (≤C10, including cycloalkyl) alkyl (Me, Et, n-Pr or
i-Pr)-phosphonofluoridate
|
|
2931.00
|
|
|
Example:
|
107-44-8
|
2931.00
|
|
|
Sarin:
O-Isopropylmethylphosphonofluoridate
|
96-64-0
|
2931.00
|
|
|
Soman:
O-Pinacolyl methylphosphonofluoridate
|
|
|
|
2
|
O-Alkyl
compounds (≤C10, including cycloalkyl) N,N- dialkyl(Me, Et, n-Pr or i-Pr) -
phosphoramidocyanidate
|
|
2931.00
|
|
|
Example:
|
|
|
|
|
Tabun:
O-Ethyl N,N-dimethyl phosphoramidocyanidate
|
77-81-6
|
2931.00
|
|
3
|
O-Alkyl compounds (H or ≤C10, including cycloalkyl) S-
2-dialkyl
(Me,
Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr hoặc i-Pr) phosphonothiolate
and alkylized salts or protonized salts thereof.
|
|
2930.90
|
|
|
Example:
|
|
|
|
|
VX:
O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate
|
50782-69-9
|
2930.90
|
|
4
|
sulfur-containing
mustard gases (Sulfur mustards):
|
|
|
|
ð 2-Chloroethylchloromethylsulfide
ð mustard gas: Bis(2-chloroethyl)sulfide
ð Bis(2-chloroethylthio) methane
ð Sesquimustard:
1,2-Bis(2-chloroethylthio)ethane
ð 1,3-Bis(2-chloroethylthio)-n-propane
ð 1,4-Bis(2-chloroethylthio)-n-butane
ð 1,5-Bis(2-chloroethylthio)-n-pentane
ð Bis(2-chloroethylthiomethyl)ether
ð
mustard gas containing sulfur and oxygen: Bis(2- chloroethylthioethyl) ether
|
2625-76-5
505-60-2
63869-13-6
3563-36-8
63905-10-2
142868-93-7
142868-94-8
63918-90-1
63918-89-8
|
2930.90
2930.90
2930.90
2930.90
2930.90
2930.90
2930.90
2930.90
2930.90
|
|
5
|
Lewisite
compounds (containing Arsen): Lewisite 1: 2- Chlorovinyldichloroarsine
|
541-25-3
|
2931.00
|
|
Lewisite
2: Bis(2-chlorovinyl)chloroarsine Lewisite 3: Tris(2-chlorovinyl)arsine
|
40334-69-8
40334-70-1
|
2931.00
2931.00
|
|
6
|
Nitrogen
mustards: HN1: Bis(2- chloro ethyl)ethylamine
|
538-07-8
|
2921.19
|
|
|
HN2:
Bis(2-chloroethyl)methylamme
|
51-75-2
|
2921.19
|
|
|
HN3:
Tris(2-chloroethyl)amine
|
555-77-1
|
2921.19
|
|
7
|
Saxitoxin
|
35523-89-8
|
3002.90
|
|
8
|
Ricin
|
9009-86-3
|
3002.90
|
|
B
|
Precursors
|
|
|
|
1
|
Alkyl
compounds (Me, Et, n-Pr or i-Pr) phosphonyldifluoride
|
|
|
|
|
e.g.
DF: Methylphosphonyldifluoride
|
676-99-3
|
2931.00
|
|
2
|
O-Alkyl compounds (H or ≤C10, including cycloalkyl) O-
2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonite and alkylized salts or
protonized salts thereof
Example:
|
|
2931.00
|
|
|
QL:
O-Ethyl O-2-diisopropylaminoethyl methylphosphonite
|
57856-11-8
|
2931.00
|
|
3
|
Chlorosarin:
O-Isopropyl methylphosphonochloridate
|
1445-76-7
|
2931.00
|
|
4
|
Chlorosoman:
O-Pinacolyl methylphosphonochloridate
|
7040-57-5
|
2931.00
|
|
C
|
Minerals
|
|
|
|
1
|
Color
asbestos of amphibole group
|
|
|
APPENDIX 3
LIST
OF ENDANGERED AND RARE SPECIES
GROUP I: List of endangered
and rare species banned from trading
IA. Plants
|
No.
|
Vietnamese name
|
Scientific name
|
|
|
NGÀNH THÔNG
|
PINOPHYTA
|
|
|
LỚP THÔNG
|
PEVOSIDA
|
|
|
Họ Hoàng đàn
|
Cupressaceae
|
|
1
|
Bách
Đài Loan
|
Taiwania
cryptomerioides
|
|
2
|
Bách
vàng
|
Xanthocyparis
vietnamensis
|
|
3
|
Hoàng
đàn
|
Cupressus
torulosa
|
|
4
|
Sa mộc
dầu
|
Cunninghamia
konishii
|
|
5
|
Thông
nước
|
Glyptostrobus
pensilis
|
|
|
Họ Thông
|
Pinaceae
|
|
6
|
Du sam
đá vôi
|
Keteleeria
davidiana
|
|
7
|
Vân sam
Fan si pang
|
Abies
delavayi var. nukiangensis
|
|
|
NGÀNH MỘC LAN
|
MAGNOLIOPHYTA
|
|
|
LỚP MỘC LAN
|
MAGNOLIOPSIDA
|
|
|
Họ dầu
|
Dipterocarpaceae
|
|
8
|
Chai lá
cong
|
Shorea
falcata
|
|
9
|
Kiền
kiền Phú Quốc
|
Hopea
pierrei
|
|
10
|
Sao
hình tim
|
Hopea
cordata
|
|
11
|
Sao
mạng Cà Ná
|
Hopea
reticulata
|
|
|
Họ Hoàng liên gai
|
Berberidaceae
|
|
12
|
Hoàng
liên gai
|
Berberis
julianae
|
|
|
Họ Mao lương
|
Ranunculaceae
|
|
13
|
Hoàng
liên chân gà
|
Coptis
quinquesecta
|
|
14
|
Hoàng
liên Trung Quốc
|
Coptis
chinensis
|
|
|
Họ Ngũ gia bì
|
Araliaceae
|
|
15
|
Sâm vũ
diệp (Vũ diệp tam thất)
|
Panax
bipinnatifidus
|
|
16
|
Sâm
Ngọc Linh
|
Panax
vietnamensis
|
|
17
|
Tam thất
hoang
|
Panax
stipuleamtus
|
|
|
LỚP HÀNH
|
LILIOPSIDA
|
|
|
Họ lan
|
Orchidaceae
|
|
18
|
Các
loài Lan kim tuyến
|
Anoectochilus
spp.
|
|
19
|
Các
loài Lan hài
|
Paphiopedilum
spp.
|
IB. Animals
|
No.
|
Vietnamese name
|
Scientific name
|
|
|
LỚP THÚ
|
MAMMALIA
|
|
|
BỘ CÁNH DA
|
DERMOPTERA
|
|
|
Họ Chồn dơi
|
Cynocephaliadea
|
|
1
|
Chồn
bay (Cầy bay)
|
Cynocephalus
variegatus
|
|
|
BỘ LINH TRƯỞNG
|
PRIMATES
|
|
|
Họ Cu li
|
Loricedea
|
|
2
|
Cu li
lớn
|
Nycticebus
bengalensis
|
|
3
|
Cu li
nhỏ
|
Nycticebus
pygmaeus
|
|
|
Họ Khỉ
|
Cercopithecidae
|
|
4
|
Voọc
bạc Đông Dương
|
Trachypithecus
villosus
|
|
5
|
Voọc
Cát Bà (Voọc đen đầu vàng)
|
Trachypithecus
poliocephalus
|
|
6
|
Voọc
chà vá chân đen
|
Pygathrix
nigripes
|
|
7
|
Voọc
chà vá chân đỏ (Voọc chà vá chân nâu)
|
Pygathrix
nemaeus
|
|
8
|
Voọc
chà vá chân xám
|
Pygathrix
cinerea
|
|
9
|
Voọc
đen Hà Tĩnh (Voọc gáy trăng)
|
Trachypithecus
hatinhensis
|
|
10
|
Voọc
đen má trắng
|
Trachypithecus
francoisi
|
|
11
|
Voọc
mông trắng
|
Trachypithecus
delacouri
|
|
Í2
|
Voọc
mũi hếch
|
Rhinopithecus
avunculus
|
|
13
|
Voọc
xám
|
Trachypithecus
barbei
|
|
|
Họ Vượn
|
Hylobatidae
|
|
14
|
Vượn
đen má hung
|
Nomascus
(Hylobates) gabriellae
|
|
15
|
Vượn
đen má trắng
|
Nomascus
(Hylobates) leucogenys
|
|
16
|
Vượn
đen tuyền Đông Bắc (Vượn Cao Vít)
|
Nomascus
(Hylobates) nasutus
|
|
17
|
Vượn
đen tuyền Tây Bắc
|
Nomascus
(Hylobates) concolor
|
|
|
BỘ THÚ ĂN THỊT
|
CARNIVORA
|
|
|
Họ Chó
|
Camidae
|
|
18
|
Sói đỏ
(Chó sói lửa)
|
Cuon
alpinus
|
|
|
Họ Gấu
|
Ursidea
|
|
19
|
Gấu chó
|
Ursus
(Helarctos) malaycmus
|
|
20
|
Gấu
ngựa
|
Ursus
(Selenarctos) thibetanus
|
|
|
Họ Chồn
|
Mustelidea
|
|
21
|
Rái cá
lông mũi
|
Lutra
sumatrana
|
|
22
|
Rái cá
lông mượt
|
Lutrogale
perspicillata
|
|
23
|
Rái cá
thường
|
Lutra
lutra
|
|
24
|
Rái cá
vuốt bé
|
Aonyx
cinereus
|
|
|
Họ Cầy
|
Viverridae
|
|
25
|
Cầy mực
(Cầy đen)
|
Arctictis
binturong
|
|
|
Họ Mèo
|
Felidea
|
|
26
|
Báo gấm
|
Neofelis
nebulosa
|
|
27
|
Báo hoa
mai
|
Panthera
pardus
|
|
28
|
Beo lửa
(Beo vàng)
|
Catopuma
temminckii
|
|
29
|
Hổ
|
Panthera
tigris
|
|
30
|
Mèo cá
|
Prionailurus
viverrinus
|
|
31
|
Mèo gấm
|
Pardofelis
marmorata
|
|
|
BỘ CÓ VÒI
|
PROBOSCIDEA
|
|
32
|
Voi
|
Elephas
maximus
|
|
|
BỘ MÓNG GUỐC LẺ
|
PERISSODACTYLA
|
|
33
|
Tê giác
một sừng
|
Rhinoceros
sondaicus
|
|
|
BỘ MÓNG GUỐC
|
ARTIODACTYLA
|
|
|
NGÓN CHẴN
|
|
|
|
Họ Hươu nai
|
Cervidea
|
|
34
|
Hươu
vàng
|
Axis
porcinus
|
|
35
|
Hươu xạ
|
Moschus
berezovskii
|
|
36
|
Mang
lớn
|
Megamuntiacus
vuquangensis
|
|
37
|
Mang
Trường Sơn
|
Muntiacus
truongsonensis
|
|
38
|
Nai cà
tong
|
Rucervus
eldi
|
|
|
Họ Trâu bò
|
Bovidea
|
|
39
|
Bò rừng
|
Bos
javanicus
|
|
40
|
Bò tót
|
Bos
gaurus
|
|
41
|
Bò xám
|
Bos
sauveli
|
|
42
|
Sao la
|
Pseudoryx
nghetinhensis
|
|
43
|
Sơn
dương
|
Naemorhedus
sumatraensis
|
|
44
|
Trâu
rừng
|
Bubalus
arnee
|
|
|
BỘ TÊ TÊ
|
PHOLIDOTA
|
|
|
Họ Tê tê
|
Manidae
|
|
45
|
Tê tê
java
|
Manis
javanica
|
|
46
|
Tê tê
vàng
|
Manis
pentadactyla
|
|
|
BỘ THỎ RỪNG
|
LAGOMORPHA
|
|
|
Họ Thỏ rừng
|
Leporidae
|
|
47
|
Thỏ vằn
|
Nesolagus
timinsi
|
|
|
BỘ CÁ VOI
|
CETACEA
|
|
|
Họ Cá heo
|
Delphinidea
|
|
48
|
Cá Heo
trắng Trung Hoa
|
Sousa
chinensis
|
|
|
BỘ HẢI NGƯU
|
SIRNIA
|
|
49
|
Bò biển
|
Dugong
dugon
|
|
|
LỚP CHIM
|
AVES
|
|
|
BỘ BỒ NÔNG
|
PELECANIFORMES
|
|
|
Họ Bồ nông
|
Pelecanidea
|
|
50
|
Bồ nông
chân xám
|
Pelecanus
philippensis
|
|
|
Họ Cổ rắn
|
Anhingidea
|
|
51
|
Cổ rắn
(Điêng điểng)
|
Anhinga
melanogaster
|
|
|
Họ Diệc
|
Ardeidea
|
|
52
|
Cò
trắng Trung Quốc
|
Egretta
eulophotes
|
|
53
|
Vạc hoa
|
Gorsachius
magnifcus
|
|
|
Họ Hạc
|
Ciconiidea
|
|
54
|
Già đẫy
nhỏ
|
Leptoptilos
javanicus
|
|
55
|
Hạc cổ
trắng
|
Ciconia
episcopus
|
|
|
Họ Cò quắm
|
Threskiomithidea
|
|
56
|
Cò thìa
|
Platalea
minor
|
|
57
|
Quắm
cánh xanh (Cò quắm cánh xanh)
|
Pseudibis
davisoni
|
|
58
|
Quắm
lớn (Cò quắm lớn)
|
Thaumatibis
gigantea
|
|
|
BỘ NGỖNG
|
ANSERIFORMES
|
|
|
Họ Vịt
|
Anatidea
|
|
59
|
Ngan
cánh trắng
|
Cairina
scutulata
|
|
|
BỘ GÀ
|
GALLIFORMES
|
|
|
Họ Trĩ
|
Phasianidea
|
|
60
|
Gà so
cổ hung
|
Arborophila
davidi
|
|
61
|
Gà lôi
lam mào trắng
|
Lophura
echvardsi
|
|
62
|
Gà lôi
tía
|
Tragopan
temminckii
|
|
63
|
Gà tiền
mặt đỏ
|
Polyplectron
germaini
|
|
64
|
Gà tiền
mặt vàng
|
Polyplectron
bicalcaratum
|
|
|
BỘ SẾU
|
GRUIFORMES
|
|
|
Họ Sếu
|
Gruidae
|
|
65
|
Sếu đầu
đỏ (Sếu cổ trụi)
|
Grus
antigone
|
|
|
Họ Ô tác
|
Otidae
|
|
66
|
Ô tác
|
Houbaropsis
bengalensis
|
|
|
BỘ SẢ
|
CORACIIFORMES
|
|
|
Họ Hông hoàng
|
Bucerotidae
|
|
67
|
Niệc
nâu
|
Ptilolaemus
tickelli
|
|
68
|
Niệc cổ
hung
|
Aceros
nipalensis
|
|
69
|
Niệc mỏ
vằn
|
Aceros
undulatus
|
|
70
|
Hồng
hoàng
|
Buceros
bicornis
|
|
|
BỘ SẺ
|
PASSERRIFORMES
|
|
|
Họ Khướu
|
Timaliidae
|
|
71
|
Khướu
Ngọc Linh
|
Garrulax
Ngoclinhensis
|
|
|
LỚP BÒ SÁT
|
REPTILIA
|
|
|
BỘ CÓ VẢY
|
SQUAMATA
|
|
|
Họ Kỳ đà
|
Varanidae
|
|
72
|
Kỳ đà
hoa
|
Varanus
salvator
|
|
73
|
Kỳ đà
vân (Kỳ đà núi)
|
Varanus
bengalensis
|
|
|
Họ Rắn hổ
|
Elapidae
|
|
74
|
Rắn hổ
chúa
|
Ophiophagus
hannah
|
|
|
BỘ RÙA
|
TESTUDINES
|
|
|
Họ Rùa da
|
Dermochelyidae
|
|
75
|
Rùa da
|
Dermochelys
coriacea
|
|
|
Họ Vích
|
Cheloniidae
|
|
76
|
Đồi mồi
|
Eretmochelys
imbricata
|
|
77
|
Đồi mồi
dứa
|
Lepidochelys
olivacea
|
|
78
|
Quản
đồng
|
Caretta
caretta
|
|
79
|
Vích
|
Chelonia
mydas
|
|
|
Họ Rùa đầm
|
Cheloniidae
|
|
80
|
Rùa hộp
ba vạch (Rùa vàng)
|
Cuora
trifasciata
|
|
81
|
Rùa hộp
trán vàng miền Bắc
|
Cuora
galbinifrons
|
|
82
|
Rùa
trung bộ
|
Mauremys
annamensis
|
|
83
|
Rùa đầu
to
|
Platysternon
megacephalum
|
|
|
Họ Ba ba
|
Trionychidae
|
|
84
|
Giải
khổng lồ
|
Pelochelys
cantorii
|
|
85
|
Giải
Sin-hoe (Giải Thượng Hải)
|
Rafetus
swinhoei
|
|
|
LỚP CÁ
|
|
|
|
BỘ CÁ CHÉP
|
CYPRINIFORMES
|
|
|
Họ Cá Chép
|
Cyprinidae
|
|
86
|
Cá lợ
thân thấp
|
Cyprinus
multitaeniata
|
|
87
|
Cá chép
gốc
|
Procypris
merus
|
|
88
|
Cá mè
Huế
|
Chanodichthys
flavpinnis
|
|
|
BỘ CÁ CHÌNH
|
ANGUILLIFORMES
|
|
|
Họ cá chình
|
Aneuillidae
|
|
89
|
Cá
chình nhật
|
Anguilla
japonica
|
|
|
BỘ CÁ ĐAO
|
PRISTIFORMES
|
|
|
Họ cá đao
|
Pristidae
|
|
90
|
Cá đao
nước ngọt
|
Pristis
microdon
|
APPENDIX 4
LIST
OF CONDITIONAL INVESTMENTS
|
No.
|
Business line
|
|
1
|
Seal
production
|
|
2
|
Combat
gear trading (including repair)
|
|
3
|
Firecracker
trading
|
|
4
|
Pawnshop
services
|
|
5
|
Massage
services
|
|
6
|
Trading
of warning devices of emergency vehicles
|
|
7
|
Security
services
|
|
8
|
Paint
gun services
|
|
9
|
Lawyer’s
practice
|
|
10
|
Notary’s
practice
|
|
11
|
Judicial
assessment in the fields of finance, banking, construction, antiques, relics,
copyrights.
|
|
12
|
Auctioneering
services
|
|
13
|
Arbitration
services
|
|
14
|
Bailiff’s
practice
|
|
15
|
Asset
liquidator’s practice
|
|
16
|
Accounting
services
|
|
17
|
Audit
services
|
|
18
|
Tax
agent services
|
|
19
|
Customs
brokerage services
|
|
20
|
Duty-free
goods trading
|
|
21
|
Bonded
warehouse services
|
|
22
|
Domestic
LCL consolidation services
|
|
23
|
Gathering
services and customs inspection services inside and outside border checkpoint
areas
|
|
24
|
Securities
trading
|
|
25
|
Securities
registration, depository, offsetting, and liquidation services by Vietnam
Securities Depository/organizations trading in listed securities and other
securities.
|
|
26
|
Insurance
|
|
27
|
Reinsurance
|
|
28
|
Insurance
brokerage
|
|
29
|
Insurance
agency
|
|
30
|
Insurance
agency training services
|
|
31
|
Price
verification services
|
|
32
|
Consulting
services serving company values for equitization
|
|
33
|
Lottery
business
|
|
34
|
Electronic
games of chance for foreigners
|
|
35
|
Debt
collection services
|
|
36
|
Debt
trading services
|
|
37
|
Credit
rating services
|
|
38
|
Casino
business
|
|
39
|
Betting
business
|
|
40
|
Voluntary
pension fund management services
|
|
41
|
Oil and
gas trading
|
|
42
|
Gas
trading
|
|
43
|
Commercial
assessment services
|
|
44
|
Industrial
explosive trading (including destruction thereof)
|
|
45
|
Explosive
precursor trading
|
|
46
|
Business
operations using industrial explosives and explosive precursor
|
|
47
|
Blasting
services
|
|
48
|
Trading
in chemicals except banned chemicals according to Convention on the
Prohibition of the Development, Production, Stockpiling and Use of Chemical
Weapons and on their Destruction
|
|
49
|
Inorganic
fertilizer trading
|
|
50
|
Alcohol
trading
|
|
51
|
Trading
in tobacco products, tobacco materials, machinery and equipment serving
tobacco industry
|
|
52
|
Commodity
exchange operation
|
|
53
|
Electricity
generation, transmission, distribution, wholesaling, retailing, import, and
consultancy
|
|
54
|
Trading
in foods under the management of the Ministry of Industry and Trade
|
|
55
|
Rice
export
|
|
56
|
Temporary
import for re-export of goods subject to special excise tax
|
|
57
|
Temporary
import for re-export of frozen food
|
|
58
|
Temporary
import for re-export of goods on the List of used goods
|
|
59
|
Franchising
|
|
60
|
Coal
trading
|
|
61
|
Logistics
services
|
|
62
|
Mineral
trading
|
|
63
|
Industrial
precursor trading
|
|
64
|
Goods
trading and activities directly related goods trading of foreign investors
|
|
65
|
Electronic
commerce activities
|
|
66
|
Petroleum
activities
|
|
67
|
Assessment
of conformity of pneumatic tools, industrial lifting devices, chemicals,
industrial explosives, equipment serving mineral and petroleum extraction;
except for equipment and instruments serving extraction at sea
|
|
68
|
Vocational
training
|
|
69
|
Association
with foreign vocational training institutions and foreign-invested vocational
training institutions in vocational training at intermediate and college
levels
|
|
70
|
Fire
safety and firefighting services
|
|
71
|
Occupational
skill assessment services
|
|
72
|
Quality
assessment of joint vocational programs with foreign vocational training
institutions and foreign-invested vocational training institutions in
Vietnam.
|
|
73
|
Occupational
safety assessment services with regard to machinery and supplies with strict
occupational safety requirements
|
|
74
|
Occupational
safety and occupational hygiene training services
|
|
75
|
Employment
agency services
|
|
76
|
Overseas
employment services
|
|
77
|
Voluntary
drug rehabilitation services
|
|
78
|
Conformity
declaration and certification services
|
|
79
|
Outsourcing
services
|
|
80
|
Road
transport services
|
|
81
|
Car
warranty and maintenance services
|
|
82
|
Motor
vehicle inspection services
|
|
83
|
Driving
school services
|
|
84
|
Traffic
safety inspector training services
|
|
85
|
Driving
test services
|
|
86
|
Traffic
safety inspection services
|
|
87
|
Waterway
transport services
|
|
88
|
Building,
modifying, repairing inland watercraft
|
|
89
|
Provision
of training for crewmembers and operators of inland watercraft
|
|
90
|
Ship
transport, shipping agency services
|
|
91
|
Multi-level
marketing business
|
|
92
|
Ship
towing services
|
|
93
|
Importing,
dismantling used sea-going ship
|
|
94
|
Sea-going
ship building, modification, repair services
|
|
95
|
Sea
port operation
|
|
96
|
Air
transport business
|
|
97
|
Design,
production, maintenance, testing of aircraft, aircraft engines, propellers,
and equipment thereof in Vietnam
|
|
98
|
Airport
operation
|
|
99
|
Aviation
services at airports
|
|
100
|
Air
navigation services
|
|
101
|
Flight
crew training services
|
|
102
|
Rail
transport business
|
|
103
|
Rail
infrastructure business
|
|
104
|
Rail
transport business
|
|
105
|
Multimodal
transport business
|
|
106
|
Transport
of dangerous goods using road or waterway vehicles
|
|
107
|
Pipeline
transport servicse
|
|
108
|
Maritime
navigation services
|
|
109
|
Real
estate trading
|
|
110
|
Provision
of training in real estate brokerage, real estate valuation, and operation of
real estate exchanges
|
|
111
|
Provision
of training in apartment building management and operation
|
|
112
|
Provision
of training in construction project management
|
|
113
|
Project
management consultancy services
|
|
114
|
Construction
survey services
|
|
115
|
Construction
design assessment services
|
|
116
|
Construction
supervision services
|
|
117
|
Construction
services
|
|
118
|
Investment
project planning and assessment services
|
|
119
|
Foreign
investors’ construction
|
|
120
|
Project
management consultancy services
|
|
121
|
Construction
work conformity assessment and certification services
|
|
122
|
Lighting
and greenery system operation services
|
|
123
|
Shared
infrastructure operation services
|
|
124
|
Construction
planning development services
|
|
125
|
Urban
planning development services provided by foreign entities
|
|
126
|
Trading
in white asbestos of Serpentine group
|
|
127
|
Postal
services
|
|
128
|
Telecommunications
services
|
|
129
|
Import
of radio transmitters and transceivers
|
|
130
|
Digital
signature authentication services
|
|
131
|
Establishment
and operation of publishers
|
|
132
|
Printing
services
|
|
133
|
Publication
release services
|
|
134
|
Social
network services
|
|
135
|
Online
games business
|
|
136
|
Pay
radio/television services
|
|
137
|
News
website development services
|
|
138
|
Processing,
recycling, repair, refurbishment of used IT products on the list of used IT
products banned from import for foreign partners
|
|
139
|
Pay-per-view
television services
|
|
140
|
Provision
of information and IT services on mobile network or the Internet
|
|
141
|
Trading
in mobile phone jammers
|
|
142
|
Provision
of information security products and services
|
|
143
|
Operation
of higher education institutions
|
|
144
|
Operation
of foreign-capitalized educational institutions, representative offices of
foreign educational institutions in Vietnam, branches of foreign-capitalized
educational institutions
|
|
145
|
Operation
of continuing education institution
|
|
146
|
Operation
of students’ education centers
|
|
147
|
Operation
of compulsory education institutions
|
|
148
|
Vocational
training
|
|
149
|
Operation
of specialized schools
|
|
150
|
Operation
of preschool education institutions
|
|
151
|
Educational
cooperation with foreign partners
|
|
152
|
Extra
classes
|
|
153
|
Fishing
|
|
154
|
Trading
in fishing instruments
|
|
155
|
Fish
trading
|
|
156
|
Trading
in aquatic feed
|
|
157
|
Trading
in biological preparations, microorganisms, chemicals, environmental
remediation agents serving aquaculture
|
|
158
|
Aquatic
breed testing services
|
|
159
|
Aquatic
feed testing services
|
|
160
|
Breeding,
raising, propagating wild animals and plans according to CITES Appendix
|
|
161
|
Breeding,
raising, propagating endangered or rare wild animals and palns according to
CITES Appendix
|
|
162
|
Breeding,
raising normal wild animals
|
|
163
|
Export,
import, re-export, transit wild specimens according to CITES Appendix
|
|
164
|
Export,
import, re-export bred, raised, propagated specimens according to CITES
Appendix
|
|
165
|
Pesticide
trading
|
|
166
|
Processing
items required to undergo plant quarantine
|
|
167
|
Pesticide
testing services
|
|
168
|
Plant
protection services
|
|
169
|
Trading
in veterinary medicines, biological preparations, vaccines, microorganisms,
chemicals serving veterinary medicine
|
|
170
|
Veterinary
services
|
|
171
|
Animal
surgery, animal testing services
|
|
172
|
Vaccination,
diagnosis, prescription, treatment, and healthcare services for animals
|
|
173
|
Trading
in veterinary medicines, biological preparations, vaccines, microorganisms,
chemicals serving veterinary medicine
|
|
174
|
Concentrated
breeding, breed production services; slaughtering; quarantine of animals and
products thereof; production of animal-derived materials for animal feed
production; preparing, processing, preserving animals and products thereof;
trading in animal products; preparing, processing, packaging, preserving
animal products
|
|
175
|
Trading
in foods under the management of the Ministry of Agriculture and Rural
Development
|
|
176
|
Trading,
testing organic fertilizers
|
|
177
|
Trading
in plant varieties, animal breeds
|
|
178
|
Manufacture
of animal feeds
|
|
179
|
Import
of animal feeds
|
|
180
|
Exporting,
importing rare, endangered terrestrial wild animals and plants according to
CITES Appendix
|
|
181
|
Trading
in forest plants, animals restricted from trading
|
|
182
|
Trading
in ornamental plants, shade trees, ancient trees from Vietnam’s natural
forests
|
|
183
|
Trading
in firewood from timber or from Vietnam’s natural forests
|
|
184
|
Trading
in sperms, embryos, eggs, and lavas
|
|
185
|
Trading
in biological preparations, microorganisms, chemicals, environmental
remediation agents serving aquaculture
|
|
186
|
Testing
biological preparations, microorganisms, chemicals, environmental remediation
agents serving aquaculture
|
|
187
|
Trading
in genetically modified food
|
|
188
|
Provision
of training in bidding
|
|
189
|
Bidding
agency services
|
|
190
|
Project
assessment consultancy services
|
|
191
|
Provision
of training in project assessment
|
|
192
|
Medical
examination and treatment services
|
|
193
|
HIV
testing services
|
|
194
|
Tissue
bank services
|
|
195
|
Childbirth
assistance, sperm preservation, embryo preservation services
|
|
196
|
Medicine
trading
|
|
197
|
Medicine
testing services
|
|
198
|
Cosmetics
production
|
|
199
|
Infectious
microorganism testing services
|
|
200
|
Vaccination
services
|
|
201
|
Trading
in medical and household anti-insect and antibacterial chemicals
|
|
202
|
Opioid
replacement therapy services
|
|
203
|
Trading
in foods under the management of the Ministry of Health
|
|
204
|
Plastic
surgery services
|
|
205
|
Surrogacy
services
|
|
206
|
Bioavailability
and bioequivalence assessment services
|
|
207
|
Clinical
trial of medicines
|
|
208
|
Trading
in medical equipment
|
|
209
|
Medical
equipment classification
|
|
210
|
Medical
equipment testing services
|
|
211
|
Industrial
property verification services
|
|
212
|
Radiological
work services
|
|
213
|
Atomic
energy application ancillary services
|
|
214
|
Export,
import, and transport of radioactive materials
|
|
215
|
Technological
conformity assessment services
|
|
216
|
Inspection,
calibration, testing of measuring instruments and measurement standards
|
|
217
|
Motorcycle
helmet trading
|
|
218
|
Technology
assessment, valuation, and examination services
|
|
219
|
Intellectual
property representation services
|
|
220
|
Film
production
|
|
221
|
Antique
examination services
|
|
222
|
Monument
protection or renovation project planning, execution, supervision services
|
|
223
|
Karaoke,
dance club business
|
|
224
|
Travel
services
|
|
225
|
Sports
business
|
|
226
|
Art
performance, fashion show, beauty contest, model contest services
|
|
227
|
Trading
in audio and video recordings of art performances
|
|
228
|
Festival
organization services
|
|
229
|
Trading
in art or photography works
|
|
230
|
Accommodation
services
|
|
231
|
Advertising
services
|
|
232
|
Trading
in relics, antiques, national treasures
|
|
233
|
Museum
services
|
|
234
|
Electronic
games business (except for electronic casino games for foreigners and online
electronic casino games)
|
|
235
|
Export
of relics, antiques other than those under the ownership of the state,
political organizations, socio-political organizations; import of cultural
commodities under the management of the Ministry of Culture, Sports and
Tourism
|
|
236
|
Verification
of copyright and relevant rights
|
|
237
|
Land
survey and assessment services
|
|
238
|
Land
planning services
|
|
239
|
IT
infrastructure and software infrastructure development services
|
|
240
|
Land
database development services
|
|
241
|
Land
pricing services
|
|
242
|
Land
use right auction services
|
|
243
|
Geodesy
and cartography services
|
|
244
|
Underground
water drilling services
|
|
245
|
Underground
water survey services
|
|
246
|
Water
supply, processing, and extraction services
|
|
247
|
Underground
water drilling services
|
|
248
|
Mineral
exploration services
|
|
249
|
Mineral
extraction
|
|
250
|
Harmful
waste management services
|
|
251
|
Scrap
material import
|
|
252
|
Environmental
monitoring services
|
|
253
|
Strategic
environment assessment, environmental impact assessment, environmental
protection scheme consultancy services
|
|
254
|
Trading
in biological preparations
|
|
255
|
Collection,
transport, processing of refuse
|
|
256
|
Business
operation of commercial banks
|
|
257
|
Business
operation of non-bank credit institutions
|
|
258
|
Business
operation of cooperatives, people's credit funds, microfinance institutions
|
|
259
|
Provision
of payment services
|
|
260
|
Credit
information service provision
|
|
261
|
Foreign
exchange activities
|
|
262
|
Trading
in gold bullion
|
|
263
|
Manufacture
of gold bullion, export raw gold and import raw gold for manufacture of gold
bullion
|
|
264
|
Manufacture
of gold jewellery
|
|
265
|
Import
of commodities under the management of the State bank (money vault door)
|
|
266
|
Money
printing, molding
|
|
267
|
Trading
in military clothing and equipment of the armed forces, military weapons,
technologies, devices, vehicles for the military and police; parts,
components, supplies, specialized equipment, and technologies for manufacture
thereof
|
CÔNG TY LUẬT TNHH QUỐC TẾ HỒNG THÁI VÀ ĐỒNG NGHIỆP
Hy vọng rằng với những tư vấn của chúng tôi sẽ giải quyết được những vướng mắc của bạn. Nếu còn bất cứ thắc mắc gì liên quan đến sự việc bạn có thể liên hệ với các Luật sư chuyên gia của Công ty Luật TNHH Quốc tế Hồng Thái và Đồng Nghiệp qua Tổng đài tư vấn pháp luật 19006248 hoặc E-mail: luathongthai@gmail.com .
Trụ sở chính: LK9-38 Tổng cục 5, Tân Triều, Hà Nội (cuối đường Chiến Thắng, Thanh Xuân).
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