This Law provides for business investment activities in Vietnam and outward business investment activities. Article 2. Regulated entities This Law applies to investors, and agencies, organizations and individuals (hereinafter referred to as “entities”) involved in business investment activities. Article 3. Definitions For the purposes of this Law, the terms below are construed as follows: 1. “approval for investment guidelines” means a competent authority approving the objectives, location, scale, schedule and duration of a project; investor or form of selection of investor and special mechanisms or special policies (if any) to execute an investment project. 2. “investment registration authority” means a regulatory agency that issues, adjusts and revokes investment registration certificates. 3. “national investment database” means a collection of data on investment projects nationwide that is connected to databases of relevant agencies. 4. “investment project” means a collection of proposals for the expenditure of mid-term or long-term capital to carry out investment activities in a particular administrative division over a certain period of time. 5. “expansion project” means an investment project on development of a running project by expanding the scale, improving the capacity, applying new technologies, reducing pollution or improving the environment. 6. “new investment project” means a project that is executed for the first time or a project independent from any other running project. 7. “start-up project” means an investment project that implements ideas on the basis of exploiting intellectual property, technologies and new business models and is able to grow quickly. 8. “business investment” means an investor investing capital to do business. 9. “business investment conditions” mean those which must be satisfied by an individual or organization upon making business investment in conditional business lines. 10. “market access conditions applied to foreign investors” mean those which must be satisfied by foreign investors to make investment in the List of business lines with prohibited and restricted market access (hereinafter referred to as “the Negative List for Market Access”) specified in Clause 2 Article 9 of this Law. 11. “investment registration certificate” means a physical or electronic document bearing information registered by an investor about an investment project. 12. “National Investment Information System” means a system of professional information meant for monitoring, assessment, and analysis of nationwide investment in order to serve state management tasks and assist investors in carrying out investment activities. 13. “outward investment activity” means an investor transferring investment capital from Vietnam to a foreign country and using profit obtained from such investment capital to carry out outward investment activities in the foreign country. 14. “business cooperation contract” means a contract between investors for business cooperation and distribution of profits or products without establishment of a business organization. 15. “export-processing zone” means an industrial park specialized in manufacturing of exported products or provision of services for manufacturing of exported products and export. 16. “industrial park” means an area with a defined geographical boundary specialized in production of industrial goods and provision of services for industrial production. 17. “economic zone” means an area with a defined geographical boundary which consists of multiple dedicated areas and is meant to achieve the objectives of investment attraction, socio-economic development and protection of national defense and security. 18. “investor” means an organization or individual that carries out business investment activities. Investors include domestic investors, foreign investors and foreign-invested business organizations. 19. “foreign investor” means an individual holding a foreign nationality or an organization established under foreign laws and carrying our business investment activities in Vietnam. 20. “domestic investor” means an individual holding Vietnamese nationality or a business organization whose members or shareholders are not foreign investors. 21. “business organization” means an organization established and operating in accordance with Vietnam’s laws. Business organizations include enterprises, cooperatives, cooperative unions and other organizations that carry out business investment activities. 22. “foreign-invested business organization” means an organization whose members or shareholders are foreign investors. 23. “investment capital” means money and other assets prescribed by the civil law and international treaties to which the Socialist Republic of Vietnam is a signatory for the purpose of carrying out business investment activities.. Article 4. Application of the Law on Investment and relevant laws 1. Business investment activities made within Vietnam’s territory must comply with this Law and relevant laws. 2. Where regulations on banned business lines or conditional business lines in this Law are different from those laid down in other laws promulgated before the effective date of this Law, regulations of this Law shall apply. Regulations on names of banned business lines and conditional business lines in other laws must be consistent with those set out in Article 6 and Appendices to the Law on Investment. 3. Where regulations on procedures for making business investment or on investment assurance in this Law are different from those laid down in other laws promulgated before the effective date of this Law, regulations of this Law shall apply, except for the following cases:
dd) Power, procedures and conditions for making business investment, which are prescribed in the Law on Credit Institutions, Law on Insurance Business and Law on Petroleum;
4. Where a law promulgated after the effective date of this Law contains regulations on investment contradicting regulations of this Law, the former is required to specify the cases to which its regulations apply and the cases to which this Law applies. 5. 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 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 carry out business investment activities in the business lines that are not banned by this Law. Regarding conditional business lines, investors must satisfy business investment conditions as prescribed by law. 2. Investors may decide their business investment activities on their own and take responsibility therefor 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. Any business investment activity of an investor shall be suspended, stopped or terminated if such activity harms or potentially harms national defense and security. 4. The ownership of assets, capital, income, other lawful rights and interests of investors are recognized and protected by the State. 5. The State shall treat investors equitably; introduce policies to encourage and enable investors to carry out business investment activities and to ensure sustainable development of economic sectors. 6. International investment-related treaties to which Socialist Republic of Vietnam is a signatory are upheld and implemented by the State. Article 6. Banned business lines 1. The business investment activities below are banned:
dd) Human trafficking; trade in human tissues, corpses, human organs and human fetuses;
2. The Government’s regulations shall apply to production and use of the 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 business investment must satisfy certain conditions for reasons of national defense and security, social order and security, social ethics, or public health. 2. A List of conditional business lines is provided in Appendix IV hereof. 3. Conditions for making business investment in the business lines mentioned in Clause 2 of this Article are specified in the Laws and Resolutions of the National Assembly, Ordinances and Resolutions of the Standing Committee of the National Assembly, Decrees of the Government and international treaties to which the Socialist Republic of Vietnam is a signatory. Ministries, ministerial agencies, People’s Councils, People’s Committees at all levels, and other entities must not issue regulations on conditions for making business investment. 4. Conditions for making business investment must be appropriate for the reasons in Clause 1 of this Article and be public, transparent, objective and economic in terms of time and costs of compliance by investors. 5. Regulations on business investment conditions shall contain the following:
dd) Regulatory agencies and agencies that have the power to handle administrative procedures regarding business investment conditions;
6. Business investment conditions to be fulfilled are those specified in:
dd) Other requirements that must be satisfied by individuals and business organizations to conduct business investment activities without obtaining written confirmation from a competent authority. 7. The conditional business lines and the corresponding conditions shall be posted on the National Business Registration Portal. 8. The Government shall elaborate the announcement and control of business investment conditions. Article 8. Amendment and addition of the List of banned business lines, the List of conditional business lines and the business investment conditions 1. Depending on the socio-economic conditions and state management requirements in each period, the Government shall review the banned business lines, the List of conditional business lines and submit amendments and additions to Article 6, Article 7 and Appendices attached hereto to the National Assembly in accordance with the simplified procedures. 2. The amendment and addition of conditional business lines or investment business conditions must comply with Clauses 1, 3, 4, 5 and 6 Article 7 of this Law. Article 9. Business lines with prohibited and restricted market access and market access conditions applied to foreign investors 1. Market access conditions applied to foreign investors are the same as those applied to domestic investors, except for the case specified in Clause 2 of this Article. 2. Pursuant to Laws and Resolutions of the National Assembly, Ordinances and Resolutions of the Standing Committee of the National Assembly, Decrees of the Government and international treaties to which the Socialist Republic of Vietnam is a signatory, the Government shall promulgate a Negative List for Market Access, including:
3. Market access conditions applied to foreign investors specified in the Negative List for Market Access include:
dd) Other conditions specified in the Laws and Resolutions of the National Assembly, Ordinances and Resolutions of the Standing Committee of the National Assembly, Decrees of the Government and international treaties to which the Socialist Republic of Vietnam is a signatory. 4. The Government shall elaborate this Article. Chapter II INVESTMENT GUARANTEES Article 10. Guarantees for asset ownership 1. Lawful assets of investors shall not be nationalized or confiscated by administrative measures. 2. Where an asset is bought or requisitioned by the State for reasons of national defense and security, national interests, state of emergency or natural disaster management, the investor shall be reimbursed or compensated in accordance with regulations of law on asset requisition and relevant regulations of law. Article 11. Guarantees for business investment activities 1. Investors are not required by the State to satisfy the following requirements:
dd) Reach a certain level/value of domestic research and development;
2. Depending on the socio-economic conditions and demands for investment attraction in each period, the Prime Minister shall decide to apply forms of guarantee of the State to execute investment projects subject to approval for their investment guidelines by the National Assembly, the Prime Minister, and other important investment projects on infrastructural development. The Government shall elaborate this Clause. Article 12. Guarantees for transfer of foreign investors’ assets overseas After all financial obligations to Vietnamese government are fulfilled, foreign investors are permitted to transfer the following assets overseas: 1. Investment capital and proceeds from liquidation of its investment; 2. Their income obtained from business investment activities; 3. Money and other assets under the lawful ownership of the investors. Article 13. Guarantees for business investment upon changes of laws 1. Where a new law provides more favorable investment incentives, investors are entitled to enjoy the new incentives for the remaining period of the incentive enjoyment of the project, except for special investment incentives for the investment projects in the case specified in Point a Clause 5 Article 20 of this Law. 2. Where a new law that provides less favorable investment incentives than those previously 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 a legal document 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 more of the following solutions shall be adopted:
5. With regard to the investment guarantee measure in Clause 4 of this Article, the investor shall make a written request within 03 years from the effective date of the new legal document. Article 14. Settlement of disputes over business investment activities 1. Disputes over business investment activities in Vietnam shall be settled through negotiation and conciliation. If the negotiation or conciliation fails, the dispute shall be settled by an arbitration body or by a 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 domestic investor or a foreign-invested business organization and a regulatory agency over business investment activities within Vietnam’s territory shall be settled by a Vietnam's arbitration body or Vietnam’s 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 Points a, b and c Clause 1 Article 23 of this Law, shall be settled by one of the following agencies/organizations:
dd) An arbitral tribunal established by the parties in dispute. 4. Every dispute between a foreign investor and a regulatory agency over business investment activities within Vietnam’s territory shall be settled by Vietnam’s arbitral tribunal or Vietnam’s court, unless otherwise agreed under a contract or prescribed by an international treaty to which the Socialist Republic of Vietnam is a signatory. Chapter III INVESTMENT INCENTIVES AND ASSISTANCE Article 15. Forms and objects for application of investment incentives 1. Forms of investment incentives:
2. Entities eligible for investment incentives:
dd) Hi-tech enterprises, science and technology enterprises and science and technology organizations; projects involving transfer of technologies on the List of technologies the transfer of which is encouraged in accordance with regulations of the Law on Technology Transfer, science and technology enterprise incubators prescribed by the Law on High Technologies and Law on Science and Technology; enterprises manufacturing and providing technologies, equipment, products and services with a view to satisfaction of environment protection requirements prescribed by the Law on Environment Protection;
3. Investment incentives shall be given to new investment projects and expansion projects. 4. The level of each type of incentives shall be specified by regulations of the Law on Taxation, the Law on Accounting and the Law on Land. 5. The investment incentives applied to the objects mentioned in Points b, c and d Clause 2 of this Article do not apply to:
6. Investment incentives applied for a fixed term and on the basis of results of project execution. Every investor must satisfy conditions for investment incentives in accordance with regulations of law during the period of enjoying investment incentives. 7. An investment project that is eligible for various levels of investment incentive, including investment incentive specified in Article 20 of this Law may apply the highest level. 8. The Government shall elaborate this Article. Article 16. Business lines and areas eligible for investment incentives 1. Business lines eligible for investment incentives:
dd) Manufacturing of IT products, software products, digital contents;
2. Areas eligible for investment incentives:
3. According to the business lines and areas eligible for investment incentives mentioned in Clause 1 and Clause 2 of this Article, the Government shall compile and amend the List of business lines eligible for investment incentives and the List of areas eligible for investment incentives; determine business lines eligible for special investment incentives to be included in the List of business lines eligible for investment incentives. Article 17. Procedures for applying investment incentives Based on the objects specified in Clause 2 Article 15 of this Law, the written approval for investment guidelines (if any), the investment registration certificate (if any) and other relevant regulations of law, investors shall determine investment incentives themselves and follow procedures for enjoying investment incentives at the tax authority, finance authority, customs authority or other competent authority corresponding to each type of investment incentive. Article 18. Forms of investment assistance 1. Forms of investment assistance:
dd) Assistance in science, technology and technology transfer;
2. The Government shall, according to the orientation for socio-economic development and the ability to balance the state budget in each period, specify the forms of investment assistance in Clause 1 of this Article which is provided for hi-tech enterprises, science and technology enterprises, science and technology organizations, enterprises investing in agriculture and rural areas, enterprises investing in education, dissemination of laws and other entities. Article 19. Assistance in development of infrastructure of industrial parks, export-processing zones, hi-tech zones and economic zones 1. Pursuant to the planning decided or approved in accordance with regulations of the Law on Planning, Ministries, ministerial agencies and provincial People’s Committees shall formulate plans for investment and development and organize construction of technical infrastructure and social infrastructure beyond industrial parks, export-processing zones, hi-tech zones and dedicated areas of economic zones. 2. The State shall provide assistance for part of the capital investment in development from the state budget and concessional loan capital in order to synchronously develop the technical infrastructure and social infrastructure inside and outside the perimeter of industrial parks in disadvantaged areas or extremely disadvantaged areas. 3 . The State shall provide assistance for part of the capital investment in development from the state budget, concessional loan capital, and employ other capital raising methods to develop the technical infrastructure and social infrastructure in economic zones and hi-tech zones. Article 20. Special investment incentives and assistance 1. The Government shall decide to apply special investment incentives and assistance with a view to encouraging the development of some investment projects that exert significant socio-economic effects. 2. Objects eligible for special investment incentives and assistance specified in Clause 1 of this Article include:
3. Level and duration of application of special investment incentives are prescribed by the Law on Corporate Income Tax and the Law on Land. 4. Forms of special investment assistance are the same as those mentioned in Clause 1 Article 18 of this Law. 5. Special investment incentives and assistance set out in this Article do not apply to:
6. The Government shall request the National Assembly to decide to apply investment incentives other than those specified in this Law and other laws if it is necessary to encourage the development of a project of special importance or a special administrative - economic unit. 7. The Government shall elaborate this Article. Chapter IV INVESTMENT ACTIVITIES IN VIETNAM Section 1. FORMS OF INVESTMENT Article 21. Forms of investment 1. Investment in establishment of a business organization. 2. Investment in the form of capital contribution or purchase of shares or stakes. 3. Execution of an investment project. 4. Investment in the form of a business cooperation contract. 5. New forms of investment and types of business organizations prescribed by the Government's regulations. Article 22. Investment in establishment of a business organization 1. Every investor shall establish a business organization in accordance with the following regulations:
2. From the date on which the enterprise registration certificate or an equivalent document is issued, the business organization established by a foreign investor shall be the investor that executes the investment project set out in the investment registration certificate. Article 23. Conduct of investment activities by foreign-invested business organizations 1. When establishing a new business organization, making investment by contributing capital, purchasing shares or stakes of a business organization, or making investment under a BCC contract, a business organization must satisfy the same conditions and follow the same investment procedures as foreign investors if:
2. Business organizations other than those mentioned in Points a, b and c Clause 1 of this Article shall satisfy conditions and follow investment procedures applied to domestic investors when establishing a business organization, when making investment by contributing capital, purchasing shares or purchasing stakes of a business organization or when making investment under a business cooperation contract. 3. If a foreign-invested business organization that is established in Vietnam has a new investment project, procedures for executing such investment project shall be followed without having to establish a new business organization. 4. The Government shall elaborate procedures for establishing business organizations, and conduct of investment activities by foreign investors and foreign-invested business organizations. Article 24. Investment in form of capital contribution or purchase of shares or stakes 1. Investors are entitled to contribute capital, purchase shares or purchase stakes of business organizations. 2. Foreign investors making investment by contributing capital, purchasing shares and purchasing stakes of business organizations must:
Article 25. Forms of capital contribution or purchase of shares or stakes 1. A foreign investor may contribute capital to a business organization in the following forms:
2. A foreign investor may purchase shares or stakes of a business organization in the following forms:
Article 26. Procedures for making investment by contributing capital, purchasing shares or purchasing stakes 1. Upon contributing capital, purchasing shares or purchasing stakes of a business organization, the investor shall satisfy conditions and follow procedures for change of members or shareholders in accordance with regulations of law applicable to each type of business organization. 2. A foreign investor shall follow procedures for registration of capital contribution or purchase of shares or stakes of a business organization prior to change of members or shareholders in one of the following cases:
3. Investors other than those mentioned in Clause 2 of this Article shall follow procedures for changing shareholders/members as prescribed by law when contributing capital, purchasing shares or stakes of business organizations. If such investors wish to register their capital contribution or purchase of shares or stakes of business organizations, regulations in Clause 2 of this Article shall be complied with. 4. The Government shall provide specific regulations on applications and procedures for capital contribution and purchase of shares and stakes of business organizations specified in this Article. Article 27. Investment under business cooperation contracts 1. Business cooperation contracts signed between domestic investors shall be executed in accordance with the civil law. 2. Procedures for issuance of investment registration certificates in Article 38 of this Law shall apply to business cooperation contracts signed between a domestic investor and a foreign investor, or between foreign investors. 3. Parties to a business cooperation contract shall establish a coordinating board to execute the BCC. Functions, tasks and powers of the coordinating board shall be agreed upon by the parties. Article 28. Contents of a business cooperation contract 1. A business cooperation contract shall contain at least:
dd) Rights and obligations of parties to the contract;
2. During the execution of a business cooperation contract, parties may reach an agreement on using assets derived from the business cooperation to establish an enterprise in accordance with regulations of law on enterprises. 3. The parties to a business cooperation contract are entitled to agree upon other items which are not contrary to law. Section 2. APPROVAL FOR INVESTMENT GUIDELINES AND INVESTOR SELECTION Article 29. Selecting investors to execute investment projects 1. The investor selection shall be carried out by:
2. The method of investor selection mentioned in Points a and b Clause 1 of this Article shall be adopted after the approval for investment guidelines is granted, except for the investment projects not subject to approval for investment guidelines. 3. If a land use right auction is held but only one person registers for participation in the auction or the auction is unsuccessful in accordance with regulations of law on land or if bidding is conducted to select investors but only one investor registers for participation in the bidding in accordance with regulations of law on bidding, the competent authority shall carry out the procedures for approving an investor if the investor satisfies the conditions prescribed by relevant law. 4. For an investment project subject to approval for its investment guidelines, the competent authority shall grant approval for both investment guidelines and investor without holding a land use right auction or bidding to select investor in the following cases:
5. The Government shall elaborate this Article. Article 30. The National Assembly’s power to approve investment guidelines The National Assembly shall grant approval for investment guidelines of the following investment projects: 1. Investment projects that exert great effects or potentially serious effects on the environment, including:
2. Investment projects that require repurposing of land meant for wet rice cultivation during with 02 or more crops of at least 500 hectares; 3. Investment projects that require relocation of 20,000 people or more in mountainous areas or 50,000 people or more in other areas; 4. Investment projects that require application of a special mechanism or policy that needs to be decided by the National Assembly. Article 31. The Prime Minister’s power to approve investment guidelines Except for the investment projects mentioned in Article 30 of this Law, the Prime Minister shall grant approval for investment guidelines of the following investment projects: 1. Investment projects regardless of capital sources in any one of the following cases:
dd) Investment projects on petroleum processing;
2. Foreign investors’ investment projects in the following fields: provision of telecommunications services with network infrastructure; afforestation; publication, press; 3. Investment projects which at the same time fall within the power of at least two provincial People's Committees to grant approval for investment guidelines; 4. Other investment projects subject to approval for their investment guidelines or subject to investment decision by the Prime Minister as prescribed by law. Article 32. The power of provincial People’s Committees to approve investment guidelines 1. Except for the investment projects set out in Articles 30 and 31 of this Law, the provincial People’s Committees shall grant approval for investment guidelines of the following investment projects:
2. The investment guidelines of the investment projects in Points a, b and d Clause 1 of this Article executed in industrial parks, export-processing zones, hi-tech zones and economic zones in conformity with planning approved by competent authorities shall be approved by management boards of such industrial parks, export-processing zones, hi-tech zones and economic zones. 3. The Government shall elaborate this Article. Article 33. Applications for and contents of appraisal of requests for investment guideline approval 1. An application for approval for investment guidelines of an investment project proposed by an investor includes:
If the law on construction requires formulation of a pre-feasibility study report, the investor is entitled to submit the pre-feasibility study report instead of a proposal for the investment project; dd) If the project does not require the State to allocate or lease out land or to permit land repurposing, a copy of the document regarding the land use rights or other document identifying the right to use the location for execution of the investment project is required to be submitted;
2. An application for approval for investment guidelines of an investment project prepared by a competent authority includes:
If the law on construction requires formulation of a pre-feasibility study report, the competent authority is entitled to submit the pre-feasibility study report instead of a proposal for the investment project. 3. Contents of appraisal of the request for investment guideline approval include:
dd) Assessment of the technology to be used in the investment project if the project requires appraisal and collection of opinions on the technology in accordance with the Law on Technology Transfer;
4. Contents of appraisal of the request for both investment guideline approval and investor approval:
5. The Government shall elaborate this Article. Article 34. Procedures for investment guideline approval by the National Assembly 1. The application specified in Clauses 1 and 2 Article 33 of this Law shall be submitted to the Ministry of Planning and Investment. 2. Within 15 days from the date on which the sufficient application is received, the Ministry of Planning and Investment shall submit a report to the Prime Minister and request establishment of a State Appraisal Council. 3. Within 90 days from the date of its establishment, the State Appraisal Council shall organize appraisal of the application and prepare an appraisal report including the contents set out in Article 33 of this Law, then submit it to the Government. 4. At least 60 days before the opening of the meeting of the National Assembly, the Government shall prepare an application for investment guideline approval and submit it to the National Assembly’s agency presiding over validation. 5. The application for investment guideline approval includes:
6. Contents of validation of the request for investment guideline approval include:
dd) Capital investment and capital sources;
7. The Government and relevant organizations or individuals shall provide sufficient information and documents serving validation; provide explanation for the project contents at the request of the National Assembly’s agency in charge of validation. 8. The National Assembly shall consider passing a Resolution on approval for investment guidelines, which consists of the contents prescribed in Clause 1 Article 3 of this Law. 9. The Government shall elaborate on the procedures for appraisal by the State Appraisal Council. Article 35. Procedures for investment guideline approval by the Prime Minister 1. The application specified in Clauses 1 and 2 Article 33 of this Law shall be submitted to the Ministry of Planning and Investment. 2. Within 03 working days from the date on which the sufficient application is received, the Ministry of Planning and Investment shall send relevant documents to relevant regulatory agencies to seek their opinions about the contents specified in Article 33 of this Law. 3. Within 15 days from receipt of the written request for opinions, the requested agencies shall send their appraisal opinions on the contents under their management to the Ministry of Planning and Investment. 4. Within 40 days from the receipt of the application, the Ministry of Planning and Investment shall appraise it and prepare an appraisal report including the contents specified in Article 33 of this Law, and then submit it to the Prime Minister for investment guidelines approval. 5. The Prime Minister shall consider granting investment guideline approval comprising the contents set out in Clause 1 Article 3 of this Law. 6. Regarding the investment project specified in Clause 3 Article 31 of this Law, the Prime Minister shall appoint an investment registration authority of a province or central-affiliated city to issue an investment registration certificate to the entire project. 7. The Government shall elaborate procedures for appraising the investment projects whose investment guidelines are approved by the Prime Minister. Article 36. Procedures for investment guideline approval by provincial People’s Committees 1. The application specified in Clauses 1 and 2 Article 33 of this Law shall be submitted to the investment registration authority. Within 35 days from the receipt of the application, the investment registration authority shall notify results to the investor. 2. Within 03 working days from the date on which the sufficient application is received, the investment registration authority shall send relevant documents to relevant regulatory agencies to seek their opinions about the contents specified in Article 33 of this Law. 3. Within 15 days from receipt of the written request for opinions, the requested agencies shall send their appraisal opinions on the contents under their management to the investment registration authority. 4. Within 25 days from the receipt of the application, the investment registration authority shall prepare an appraisal report with the contents prescribed in Article 33 of this Law and submit it to the provincial People's Committee. 5. Within 07 working days from the receipt of the application and the appraisal report, the provincial People’s Committee shall grant the investment guideline approval, or provide a written explanation in the case of refusal. 6. The provincial People’s Committee shall consider granting investment guideline approval comprising the contents set out in Clause 1 Article 3 of this Law. Section 3. PROCEDURES FOR ISSUANCE, ADJUSTMENT AND REVOCATION OF INVESTMENT REGISTRATION CERTIFICATE Article 37. Cases in which the investment registration certificate is required 1. The investment registration certificate is required in the following cases:
2. Cases in which the investment registration certificate is not required:
3. Domestic investors and the business organizations mentioned in Clause 2 Article 23 of this Law shall execute the investment projects mentioned in Article 30, Article 31 and Article 32 of this Law after their investment guidelines are approved. 4. Any investor that wishes to obtain an investment registration certificate for an investment project prescribed in Point a or Point b Clause 2 of this Article shall follow the procedures in Article 38 of this Law. Article 38. Procedures for issuance of the investment registration certificate 1. If the investment project is subject to approval for its investment guidelines as prescribed in Article 30, Article 31 and Article 32 of this Law, the investment registration authority shall issue the investment registration certificate to the investor within:
2. If the investment project is not subject to approval for its investment guidelines as prescribed in Article 30, Article 31 and Article 32 of this Law, the investor shall be issued with the investment registration certificate if the following conditions are met:
dd) Market access conditions applied to foreign investors are satisfied. 3. The Government shall elaborate conditions, applications and procedures for issuance of the investment registration certificate. Article 39. The power to issue, adjust and revoke investment registration certificates 1. Management boards of industrial parks, export-processing zones, hi-tech zones and economic zone shall issue, adjust and revoke investment registration certificates with regard to the investment projects located therein, except for the case specified in Clause 3 of this Article. 2. Provincial Departments of Planning and Investment shall issue, adjust and revoke investment registration certificates with respect to the investment projects outside industrial parks, export-processing zones, hi-tech zones and economic zones, except for the case in Clause 3 of this Article. 3. The investment registration authority of the administrative division where the investor executes the investment project, places or intends to place the head office or operating office to execute the investment project shall issue, adjust and revoke investment registration certificates with respect to the following investment projects:
4. The authority that receives investment project dossiers is the one that has the power to issue investment registration certificates, except for the cases specified in Articles 34 and 35 of this Law. Article 40. Contents of investment registration certificate 1. Name of the investment project. 2. The investor. 3. Investment project code. 4. Location and land area of the investment project. 5. Objectives and scale of the project. 6. Capital investment in the investment project (including the investor's contributed capital and raised capital). 7. Duration of the investment project. 8. Project execution schedule, including:
9. Investment incentives or investment assistance, and bases or conditions for application thereof (if any). 10. Conditions applied to the investor executing the investment project (if any). Article 41. Adjusting the investment project 1. During execution of an investment project, the investor is entitled to adjust its objectives, transfer the project in part or in full, merge projects or fully divide or partially divide a project into multiple projects or exercise the rights to use land and property on land which is part of the investment project to contribute capital to establish an enterprise, carry out business cooperation or carry out other activities, and the aforementioned activities shall comply with regulations of law. 2. The investor shall follow procedures for adjusting the investment registration certificate if the adjustment to the investment project changes any content of the investment registration certificate. 3. The investor that has an investment project whose investment guidelines have been approved shall follow procedures for approving the adjustment to the investment guidelines in one of the following cases:
dd) The duration of the investment project is adjusted;
4. With respect to the investment project whose investment guidelines are approved, the investor is not allowed to extend the investment execution schedule by more than 24 months compared to that stated in the first written approval for investment guidelines, except for one of the following cases:
dd) Any objective specified in the written approval for investment guidelines is changed; any objective that is subject to approval for investment guidelines is added;
5. The regulatory agency that has the power to approve investment guidelines also has the power to approve the adjustment to investment guidelines. If a request for adjustment of an investment project results in the project being subject to approval for its investment guidelines by an authority at a higher level, such authority will have the power to approve the adjustment to investment guidelines as prescribed in this Article. 6. Procedures for adjusting investment guidelines are specified in Articles 34, 35 and 36 of this Law. 7. If a request for adjustment of an investment project results in the project being subject to approval for its investment guidelines, the investor has to apply for approval for investment guidelines before adjusting the investment project. 8. The Government shall elaborate this Article. Section 4. EXECUTION OF INVESTMENT PROJECTS Article 42. Rules for execution of investment projects 1. For a project subject to approval for its investment guidelines, the approval for investment guidelines shall be granted before the investor executes the investment project. 2. For a project subject to issuance of an investment registration certificate, the investor shall follow the procedures for issuance of the investment registration certificate before executing the investment project. 3. Investors shall comply with regulations of this Law and the laws on planning, land, environment, construction, labor and fire prevention and fighting; other relevant regulations of law, written approval for investment guidelines (if any) and the investment registration certificate (if any) during execution of their investment projects. Article 43. Guarantee for execution of investment projects 1. The investor shall pay a deposit or have a bank guarantee for investment project execution if the project uses land allocated or leased out by the State or is permitted by the State to repurpose land, except for the following cases:
2. Based on the scale, nature and execution schedule of each investment project, the deposit for assurance of project execution is 01% - 03% of the investment capital of the project. If a project comprises multiple investment phases, the amount of deposit shall be paid and returned in each phase of execution of the investment project, except for the case in which the deposit is not returned. 3. The Government shall elaborate this Article. Article 44. Duration of investment projects 1. The duration of an investment project inside an economic zone shall not exceed 70 years. 2. The duration of an investment project outside an economic zone shall not exceed 50 years. The duration of an investment project in a disadvantaged area or extremely disadvantaged area or a project with large investment capital but with slow rate of capital recovery may be longer but shall not exceed 70 years. 3. If an investment project uses land allocated or leased out by the State, but the transfer of land is delayed, the delay shall not be included in the project duration or execution schedule. 4. Upon expiry of the duration of an investment project, if the investor wishes to keep executing the investment project and satisfies the conditions as prescribed by law, the duration of the investment project may be extended but shall not exceed the maximum prescribed in Clauses 1 and 2 of this Article, except for the following investment projects:
5. The Government shall elaborate this Article. Article 45. Determination of value of investment capital; assessment of value of investment capital; assessment of machinery, equipment and technological lines 1. Every investor shall ensure the quality of machinery, equipment and technological lines for execution of investment projects in accordance with regulations of law. 2. The investor shall self-determine the value of the investment capital of the investment project after the project is put into operation. 3. Where necessary, to ensure state management of science and technology or to form a basis for tax calculation, the competent authority has the power to require independent assessment of the value of the investment capital, quality and value of machinery, equipment and technological lines after the investment project is put into operation. 4. The investor must bear any expenses for assessment if the assessment results lead to an increase in the tax obligations discharged to the State. 5. The Government shall elaborate this Article. Article 46. Transfer of investment projects 1. An investor is entitled to transfer part or whole of the investment project to another investor when the following conditions are satisfied:
dd) The conditions set forth in the written approval for investment guidelines or the investment registration certificate or in relevant laws (if any) are complied with;
2. If the conditions for transfer set forth in Clause 1 of this Article are satisfied, the investor shall follow the procedures for transferring the investment project in part or in full as follows:
Article 47. Suspension of investment projects 1. When suspending an investment project, the investor must notify the investment registration authority in writing. If the project has to be suspended in a force majeure event, the State shall allow the investor to be exempt from paying land rents or reduce land levies for the suspension period with a view to remedying consequences caused by the force majeure event. 2. The investment authority shall decide to suspend an investment project in part or in full in the following cases:
dd) The investor fails to adhere to the written approval for investment guidelines or the investment registration certificate and recommits administrative violations after incurring penalties. 3. The Prime Minister shall decide to suspend a project in part or in full if the project execution is detrimental or potentially detrimental to national defense and security at the request of the Ministry of Planning and Investment. 4. The Government shall elaborate conditions, procedures and time limit for suspending investment projects in accordance with this Article. Article 48. Termination of investment projects 1. An investor shall terminate their investment activities and/or investment project in the following cases:
2. The investment registration authority shall terminate an investment project in part or in full in the following cases:
dd) The investor fails to pay the deposit or obtain a bank guarantee as prescribed by law if project execution security is required;
3. Regarding a project subject to approval for its investment guidelines, the investment registration authority shall terminate the investment project after obtaining the opinion of the authority granting approval for investment guidelines. 4. The investor shall themself liquidate the investment project in accordance with the law on liquidation of assets upon termination of the investment project, except for the case specified in Clause 5 of this Article. 5. The settlement of the rights to use land and property on land upon termination of the investment project shall comply with the law on land and other relevant regulations of law. 6. The investment registration authority shall decide to revoke the investment registration certificate if the investment project is terminated in accordance with Clause 2 of this Article, except for the case of termination of part of the investment project. 7. The Government shall elaborate procedures for terminating investment projects in accordance with this Article. Article 49. Establishment of operating office of foreign investor to business cooperation contract 1. A foreign investor to 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 investor depending on the requirements for contract execution. 2. The operating office of a foreign investor to a business cooperation contract has its own seal; the foreign investor may open an account, hire employees, sign contracts and carry out business activities under the business cooperation contract and Certificate of registration of operating office. 3. The foreign investor to the business cooperation contract shall submit the application for registration of operating office to the investment registration authority of the area where the operating office is intended to be located. 4. An application for establishment of an operating office consists of:
5. Within 15 days from the receipt of the application prescribed in Clause 4 of this Article, the investment registration authority shall issue the Certificate of registration of operating office to the foreign investor to the business cooperation contract. Article 50. Shutdown of operating office of foreign investor to business cooperation contract 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 investment registration authority of the area where the operating office is located. 2. The folder consists of:
dd) A social security authority’s certification of fulfillment of social insurance obligations;
3. Within 15 days from the receipt of the application prescribed in Clause 2 of this Article, the investment registration authority shall issue the decision to shut down the operating office. Chapter V OUTWARD INVESTMENT ACTIVITIES Section 1. GENERAL PROVISIONS Article 51. Rules for carrying out outward investment activities 1. The State encourages outward investment in order to exploit, develop and expand the market; improve the export of goods and services, earn foreign currencies; access modern technologies, raise the managerial capability and develop resources for socio-economic development. 2. Investors carrying out outward investment activities shall comply with this Law, other relevant regulations of law, laws of the countries or territories that receive investment (hereinafter referred to as “host countries”) and relevant international treaties, and themselves take responsibility for the efficiency in outward investment activities. Article 52. Forms of outward investment 1. Investors shall carry out outward investment activities in the following forms:
dd) Other forms of investment prescribed by law of the host country. 2. The Government shall elaborate the forms of investment mentioned in Point d Clause 1 of this Article. Article 53. Business lines banned from outward investment 1. Business lines specified in Article 6 of this Law and relevant international treaties. 2. Business lines with technologies and products banned from export in accordance with the law on foreign trade management. 3. Business lines banned from business investment in accordance with regulations of laws of the host countries. Article 54. Business lines subject to conditional outward investment 1. Business lines subject to conditional outward investment include:
dd) Real estate business. 2. The conditions for making outward investment in the business lines mentioned in Clause 1 of this Article are specified in the Laws and Resolutions of the National Assembly, Ordinances and Resolutions of the Standing Committee of the National Assembly, Decrees of the Government and international investment-related treaties to which the Socialist Republic of Vietnam is a signatory. Article 55. Sources of capital for outward investment 1. Investors shall contribute capital and raise capital to carry out outward investment activities. 2. Borrowing foreign currency loans and transferring foreign currency investment capital must comply with the conditions and procedures prescribed in the laws on banking, credit institutions and foreign exchange management. 3. According to objectives of monetary policies and foreign currency management policies in each period, the State Bank of Vietnam shall promulgate regulations on grant of foreign currency loans by credit institutions and branches of foreign banks in Vietnam to investors as prescribed in Clause 2 of this Article to carry out outward investment activities. Section 2. PROCEDURES FOR GRANTING APPROVAL FOR OUTWARD INVESTMENT GUIDELINES AND MAKING OUTWARD INVESTMENT DECISIONS Article 56. The power to approve outward investment guidelines 1. The National Assembly shall grant approval for outward investment guidelines of the following investment projects:
2. Except for the investment projects mentioned in Clause 1 of this Article, the Prime Minister shall grant approval for outward investment guidelines of the following investment projects:
3. Investment projects not mentioned in Clauses 1 and 2 of this article are not subject outward investment guideline approval. Article 57. Dossiers and procedures for outward investment guideline approval by the National Assembly 1. The investor shall submit an outward investment project dossier to the Ministry of Planning and Investment. The dossier consists of:
dd) A commitment to themself balance sources of foreign currency or a commitment of an authorized credit institution to provide foreign currency for the investor;
2. Within 05 working days from the date on which the sufficient dossier is received, the Ministry of Planning and Investment shall submit it to the Prime Minister for establishment of a State Appraisal Council. 3. Within 90 days from the date of its establishment, the State Appraisal Council shall organize appraisal and prepare an appraisal report for submission to the Government. An appraisal report shall contain:
dd) Form, scale, location and execution schedule of the investment project, outward investment capital and sources of capital;
4. At least 60 days before the opening of the meeting of the National Assembly, the Government shall prepare an application for outward investment guideline approval and submit it to the National Assembly’s agency presiding over validation. 5. An application for outward investment guideline approval includes:
6. Contents of validation of the request for outward investment guideline approval include:
dd) Assessment of level of risks in the host country;
7. The Government and relevant organizations or individuals shall provide sufficient information and documents serving validation; provide explanation for the project contents at the request of the National Assembly’s agency in charge of validation. 8. The National Assembly shall consider passing a resolution on the outward investment guideline approval containing the following contents:
9. The Government shall elaborate on the conditions and procedures for appraisal of outward investment project dossiers by the State Appraisal Council. Article 58. Dossiers and procedures for outward investment guideline approval by the Prime Minister 1. Investment project dossiers shall be prepared as prescribed in Clause 1 Article 57 of this Law. 2. The investor shall submit an outward investment project dossier to the Ministry of Planning and Investment. Within 03 working days from the date on which the sufficient dossier is received, the Ministry of Planning and Investment shall send relevant documents to relevant regulatory agencies to seek their opinions. 3. Within 15 days from receipt of the written request for opinions, the requested agencies shall give their written opinions about the contents under their management. 4. Within 30 days from the date on which the application is received, the Ministry of Planning and Investment shall organize appraisal and prepare an appraisal report for submission to the Prime Minister. The appraisal report includes the contents specified in Clause 3 Article 57 of this Law. 5. The Prime Minister shall consider granting outward investment guideline approval comprising the contents set out in Clause 8 Article 57 of this Law. Article 59. Outward investment decision 1. A decision on outward investment by a state-owned enterprise shall be made in accordance with the law on management and use of state capital invested in manufacturing and business activities of enterprises and other relevant regulations of law. 2. Outward investment activities not mentioned in Clause 1 of this Article shall be decided by investors in accordance with the Law on Enterprises. 3. Investors and authorities making decisions on the outward investment as prescribed in Clauses 1 and 2 of this Article shall take responsibility for their decisions on outward investment. Section 3. PROCEDURES FOR ISSUANCE, ADJUSTMENT AND INVALIDATION OF OUTWARD INVESTMENT REGISTRATION CERTIFICATE Article 60. Conditions for issuance of outward investment registration certificate 1. Outward investment activities shall adhere to the rules prescribed in Article 51 of this Law. 2. Outward investment activities do not involve any business line banned from outward investment as prescribed in Article 53 of this Law and conditions for outward investment applicable to business lines subject to conditional outward investment as prescribed in Article 54 of this Law are satisfied. 3. The investor makes a commitment to prepare foreign currencies themself or obtains a commitment to prepare foreign currencies from an authorized credit institution for the purposes of conducting outward investment activities. 4. There is an outward investment decision as prescribed in Article 59 of this Law. 5. There is a tax authority’s certification of the fulfillment of tax obligation by the investor. Such certification must be issued by the tax authority within the last 03 months. Article 61. Procedures for issuance of outward investment registration certificate 1. If the investment project is subject to approval for its outward investment guidelines, the Ministry of Planning and Investment shall issue the outward investment registration certificate to the investor within 05 working days from receipt of the written approval for investment guidelines and the outward investment decision prescribed in Article 59 of this Law. 2. Regarding the investment project not mentioned in Clause 1 of this article, the investor shall submit an application for issuance of an outward investment registration certificate to the Ministry of Planning and Investment. The application consists of:
dd) With regard to an outward investment project in the business lines specified in Clause 1 Article 54 of this Law, the investor shall submit a certification of the investor’s fulfillment of conditions for outward investment issued by a competent authority in accordance with the relevant regulations of law (if any). 3. In case the amount of foreign currency capital transferred abroad is VND 20 billion or more, the Ministry of Planning and Investment shall request the State Bank of Vietnam to provide opinions in writing. 4. Within 15 days from receipt of the application prescribed in Clause 2 of this Article, the Ministry of Planning and Investment shall issue an outward investment registration certificate; in case of rejection of the application, a written explanation shall be provided to the investor. 5. The Government shall elaborate procedures for appraising outward investment projects; issue, adjust and invalidate outward investment registration certificates. Article 62. Contents of outward investment registration certificate 1. Investment project code. 2. The investor. 3. Name of the investment project and name of the foreign business organization (if any). 4. Investment objectives and location. 5. Investment form, investment capital and sources of such capital, investment capital form, outward investment schedule. 6. Rights and obligations of the investor. 7. Investment incentives and assistance (if any). Article 63. Adjustment of outward investment registration certificate 1. An investor shall follow procedures for adjusting the outward investment registration certificate in the following cases:
dd) Change of main objective of the outward investment activity;
2. The investor must update changes other than those prescribed in Clause 1 of this Article on the National Investment Information System. 3. An application for adjustment of the outward investment registration certificate includes:
dd) A copy of the outward investment registration certificate;
4. The Ministry of Planning and Investment shall adjust the outward investment registration certificate within 15 days from receipt of the application specified in Clause 3 of this Article. 5. If the investment project is subject to approval for its outward investment guidelines, the Ministry of Planning and Investment shall follow procedures for approving the adjustment to the outward investment guidelines before adjusting the outward investment registration certificate as prescribed in Clause 1 of this Article and Clause 8 Article 57 of this Law. 6. If the adjustment to the outward investment registration certificate results in the investment project being subject to approval for its outward investment guidelines, the investor has to apply for approval for outward investment guidelines before adjusting the outward investment registration certificate. 7. The agency or person that has the power to approve outward investment guidelines also has the power to approve the adjustment to outward investment guidelines. The agency or person that has the power to make the outward investment decision also has power to make a decision on adjustment to contents of the outward investment decision. 8. If a request for adjustment of an investment project results in the project being subject to approval for its investment guidelines by an authority at a higher level, such authority will have the power to approve the adjustment to outward investment guidelines. Article 64. Invalidation of outward investment registration certificate 1. The outward investment registration certificate shall be invalidated in the following cases:
dd) The investor fails to execute or is unable to execute the investment project in line with the schedule registered with the regulatory agency within 24 months from the date of issuance of the outward investment registration certificate and fails to follow the procedures for adjusting the execution schedule of the investment project;
2. The investor shall follow the procedures for termination of the outward investment project in accordance with the law of the host country and the procedures for invalidation of the outward investment registration certificate. 3. The Ministry of Planning and Investment shall invalidate outward investment registration certificates. Section 4. CONDUCT OF OUTWARD INVESTMENT ACTIVITIES Article 65. Opening of outward investment capital accounts 1. Investors shall open an outward investment capital account at an authorized credit institution in Vietnam in accordance with regulations of law on foreign exchange management. 2. Transfer of money from and to Vietnam pertaining to outward investment activities must be made via the investment capital account specified in Clause 1 of this Article in accordance with regulations of law on foreign exchange management. Article 66. Transfer of investment capital overseas 1. An investor is allowed to transfer investment capital overseas in order to conduct investment activities if the following conditions are met:
2. The transfer of investment capital overseas must comply with regulations of law on foreign exchange management, export and technology transfer and relevant regulations of law. 3. Investors are entitled to transfer foreign currencies, goods, machinery and equipment overseas to serve market survey, research and market exploration and to carry out investment preparatory activities as prescribed by the Government. Article 67. Use of profit overseas 1. The investor is entitled to retain profit derived from outward investment for reinvestment in the following cases:
2. Investors shall follow the procedures for adjusting the outward investment registration certificate as prescribed in Article 63 of this Law in the cases specified in Points a and b Clause 1 of this Article; and follow the procedures for issuance of the outward investment registration certificate as prescribed in Article 61 of this Law in the case specified in Point c Clause 1 of this Article. Article 68. Repatriation of profit 1. Within 06 months from the date on which the tax declaration or an equivalent document is available as prescribed by the host country’s law, the investor shall repatriate the entire profit and other incomes derived from outward investment unless the profit is retained as prescribed in Article 67 of this Law. 2. If the profit and other incomes are not repatriated within the time limit prescribed in Clause 1 of this Article, the investor shall send a written notification to the Ministry of Planning and Investment and the State Bank of Vietnam. The time limit for repatriation of profit may be extended by no more than 12 months from the expiry of the time limit specified in Clause 1 of this Article. 3. If the investor, within the time limit specified in Clause 1 of this Article, has failed to repatriate profit or send the notification or if the investor, within the extended time limit specified in Clause 2 of this Article, has failed to repatriate profit, such investor shall incur penalties in accordance with regulations of law. Chapter VI STATE MANAGEMENT OF INVESTMENT Article 69. Responsibility for state management of investment 1. The Government shall perform uniform state management of investment in Vietnam and outward investment. 2. The Ministry of Planning and Investment shall assist the Government in performing uniform state management of investment in Vietnam and outward investment, and has the following tasks and rights:
dd) Formulate and submit to competent authorities mechanisms for resolving difficulties facing investors and for preventing disputes between the State and investors;
3. Ministries, ministerial agencies shall, within their jurisdiction, cooperate with the Ministry of Planning and Investment in performing the task of state management of investment in Vietnam and outward investment. To be specific:
dd) Participate in appraisal of projects subject to approval for their investment guidelines as prescribed in this Law and take responsibility for the contents of the appraisal within their jurisdiction;
4. Provincial People’s Committees and investment registration authorities shall, within their jurisdiction, perform the task of state management of investment in Vietnam and outward investment. To be specific:
dd) Carry out periodic assessments of efficiency of investment activities and submit reports thereon to the Ministry of Planning and Investment;
5. Vietnam’s overseas representative missions shall monitor and support investment activities, and protect the lawful rights and interests of Vietnamese investors in the host countries. Article 70. Supervision and assessment of investment 1. Supervision and assessment of investment activities include:
2. Responsibility for investment supervision and assessment:
3. Contents of supervision and assessment of investment projects:
4. Contents of overall supervision and assessment of investment:
5. Organizations and agencies shall carry out investment assessment themselves or hire capable experts or consultancies to do so. 6. The Government shall elaborate this Article. Article 71. National Investment Information System 1. The National Investment Information System consists of:
dd) National information system for industrial parks and economic zones. 2. The Ministry of Planning and Investment shall preside over and cooperate with relevant agencies in developing and operating the National Investment Information System; establish the national investment database; assess the operation of such system by central and local investment authorities. 3. Investment authorities and investors shall sufficiently, promptly and accurately update information on the National Investment Information System. 4. Information about investment projects in the National Investment Information System is considered original and lawful information. Article 72. Reports on investment activities in Vietnam 1. Reporting entities:
2. Periodic reporting:
dd) The Ministry of Planning and Investment shall submit an annual report to the Prime Minister on investment nationwide and adherence to regulations on investment reporting by the entities mentioned in Clause 1 of this Article. 3. Agencies, investors and business organizations shall make reports in writing via the National Investment Information System. 4. Agencies, investors and business organizations mentioned in Clause 1 of this Article shall make ad hoc reports at the request of competent authorities. 5. If a project is exempt from the investment registration certificate, the investor shall submit a report to the investment registration authority before commencement of the project execution. Article 73. Reporting of outward investment activities 1. Reporting entities:
2. Regulations on reporting applied to the entities specified in Point a Clause 1 of this Article:
3. Reporting regulations applied to investors:
4. The reports mentioned in Clause 2 and Clause 3 of this Article shall be made in writing and via the National Investment Information System. 5. The agencies and investors in Clause 1 of this Article shall make ad hoc reports at the request of competent authorities to meet state management requirements or settle issues arising in relation to investment projects. Article 74. Investment promotion activities 1. The Government shall direct the formulation and organize the implementation of policies and orientations for investment promotion with a view to promoting and facilitating investment activities by sectors and regions and partners in conformity with strategies, planning, plans and objectives for socio-economic development in each period; and ensure implementation of inter-regional and cross-sectoral investment promotion programs and activities in association with trade promotion and tourism promotion. 2. The Ministry of Planning and Investment shall formulate and organize the implementation of a national investment promotion plan or program; coordinate inter-regional and inter-provincial investment promotion activities; monitor, supervise and assesses the efficiency of investment promotion nationwide. 3. Ministries, ministerial agencies and provincial People's Committees shall, within their jurisdiction, formulate and organize implementation of investment promotion plans and programs in fields and areas under their management in conformity with strategies, planning and plans for socio-economic development and the national investment promotion program. 4. Funding for formulating and organizing the implementation of the investment promotion program shall be covered by the state budget and other lawful sources. 5. The Government shall elaborate this Article. Chapter VII IMPLEMENTATION CLAUSE Article 75. Amendments to some Articles of laws related to business investment 1. The Law on Housing No. 65/2014/QH13 amended by the Law No. 40/2019/QH14 is amended as follows:
“2. Having a capital deposit or a bank guarantee to execute each project in accordance with the law on investment.”;
“c) Approving an investor in accordance with the Law on Investment. If multiple investors are approved, the investor shall be determined in accordance with the Law on Construction. The Government shall elaborate this Point.”;
“1. Having the lawful right to use residential land and the other types of land which is allowed by a competent authority to be repurposed as residential land.”;
“2. Regarding other housing construction projects subject to approval for their investment guidelines in accordance with the Law on Investment, regulations of the Law on Investment shall be complied with.”; dd) Clause 7 of Article 175 is amended as follows: “7. Provide professional training in residential housing development and management; stipulate the issuance of certificates of training in management and operation of apartment buildings; stipulate and recognize the classification of apartment buildings.”;
2. The Law on Real Estate Business No. 66/2014/QH13 is amended as follows:
“1. Any organization or individual engaged in real estate business must establish an enterprise or cooperative (hereinafter referred to as “the enterprise”), except for the cases mentioned in Clause 2 of this Article.”;
“Article 50. The power to allow transfer of real estate projects in part or in full 1. In the case of a real estate project for which the investor has been approved or to which an investment registration certificate has been issued in accordance with the Law on Investment, power and procedures for transfer of real estate projects in part or in full shall comply with the Law on Investment. 2. For a real estate project other than that mentioned in Clause 1 of this Article, the power to allow transfer of real estate projects in part or in full is as follows:
“Procedures for transfer part or whole of real estate projects specified in Clause 2 Article 50 of this Law are as follows:”. 3. Some Points of Clause 2 Article 25 of the Law on Environmental Protection No. 55/2014/QH13 amended by the Law No. 40/2019/QH14 and the Law No. 39/2019/QH14 are amended as follows:
“a) Regarding the entities prescribed in Article 18 of this Law, the competent authority shall depend on the preliminary environmental impact assessment to grant approval for investment guidelines; and the investor is only allowed to execute the project after the environmental impact assessment report has been approved. Regarding the public investment project, the competent authority shall depend on the preliminary environmental impact assessment to decide policy guidelines; and depend on the environmental impact assessment to make investment decisions for the projects prescribed in Article 18 of this Law. The Government shall elaborate subjects and contents of preliminary environmental impact assessment;”;
“dd) With respect to the projects not mentioned in Points a, b, c and d of this Clause, the competent authority shall depend on the preliminary environmental impact assessment to issue the investment registration certificate, except for the case in which the investment registration certificate is issued at the request of the investor; and the investor is only allowed to execute the project after the environmental impact assessment report has been approved.”. 4. The Law on Corporate Income Tax No. 14/2008/QH12 amended by the Law No. 32/2013/QH13 and the Law No. 71/2014/QH13 is amended as follows:
“5a. With respect to the investment projects specified in Clause 2 Article 20 of the Law on Investment, the Prime Minister shall decide to apply a preferential tax rate reducing by no more than 50% the preferential tax rate specified in Clause 1 of this Article. The duration of application of the preferential tax rate shall not exceed 1.5 times the duration of application of the preferential tax rate specified in Clause 1 and may be extended for no more than 15 years and must not exceed the duration of the investment project.”;
“1a. With respect to the investment projects specified in Clause 2 Article 20 of the Law on Investment, the Prime Minister shall decide to apply tax exemption for no more than 6 years and reduce 50% of the maximum tax payable for no more than the 13 subsequent years.”; 5. The Law on the Law on Cinematography No. 62/2006/QH11 amended by the Law No. 31/2009/QH12 and the Law No. 35/2018/QH14 is amended as follows:
6. Article 10 and Point a Clause 2 Article 43 of the Law on Urban Planning No. 30/2009/QH12 amended by the Law No. 77/2015/QH13, the Law No. 35/2018/QH14 and the Law No. 40/2019/QH14 are repealed. Article 76. Implementation clause 1. This Law comes into force from January 01, 2021, except for the regulations in Clause 2 of this Article. 2. The regulations set out in Clause 3 Article 75 of this Law come into force from September 01, 2020. 3. The Law on Investment No. 67/2014/QH14 amended by the Law No. 90/2015/QH13, the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 28/2018/QH14 and the Law No. 42/2019/QH14 shall cease to have effect from the effective date of this Law, except for Article 75 of the Law on Investment No. 67/2014/QH14. 4. Individuals who are Vietnamese citizens may use their personal identification numbers instead of copies of their identity cards/citizen identity cards, passports or other personal identification documents upon following administrative procedures set out in the Law on Investment and Law on Enterprises if the national population database is connected to the national investment and enterprise registration database. 5. Any legislative document that refers to regulations on project approval decisions or investment guideline decisions in accordance with the Law on Investment shall be implemented in accordance with the regulations on investment guideline approval of this Law. Article 77. Grandfather clauses 1. Investors that were issued with investment licenses, investment incentive certificates, investment certificates or investment registration certificates before the effective date of this Law shall execute their investment projects in accordance with such investment licenses, investment incentive certificates, investment certificates or investment registration certificates. 2. Investors are not required to follow procedures for approval for investment guidelines in accordance with this Law with respect to the investment projects in one of the following cases:
3. If an investment project specified in Clause 2 of this Article is adjusted and the adjustments are subject to approval for investment guidelines in accordance with this Law, the procedures mentioned in this Law must be followed to obtain approval for investment guidelines or adjust investment guidelines. 4. Any investment project executed or approved or allowed to be executed in accordance with regulations of law before July 01, 2015 and subject to project execution security as prescribed in this Law is not required to have a deposit or a bank guarantee. If the investor adjusts the objectives or schedule for execution of the investment project or repurposes land after the effective date of this Law, the investor must pay a deposit or obtain a bank guarantee in accordance with this Law. 5. Any debt collection service contract concluded before the effective date of this Law shall cease to have effect from the effective date of this Law; and the parties to such contract may carry out activities to liquidate the contract in accordance with the civil law and other relevant regulations of law. 6. Foreign-invested business organizations to which market access conditions more favorable than those prescribed in the List promulgated under Article 9 of this Law are applied may continue to apply the conditions set out in their issued investment registration certificate. 7. The regulation in Clause 3 Article 44 of this Law applies to both investment projects to which land was allocated before the effective date of this Law and projects to which land has not yet been allocated. 8. In the event that the law stipulates that documentation serving administrative procedures must consist of an investment registration certificate or written approval for investment guidelines but the investment project is not subject to issuance of an investment registration certificate or written approval for investment guidelines as prescribed in this Law, the investor is not required to submit an investment registration certificate or written approval for investment guidelines. 9. With respect to areas which have difficulties in providing land for development of residential housing, service facilities and public utilities for employees working in industrial parks, the competent authority may adjust the planning for construction of industrial zones (for industrial parks established before July 01, 2014) to reserve part of the land area for development of residential housing, service facilities and public utilities for employees working in the industrial parks. After adjustment of the planning, the land area for development of residential housing, service facilities and public utilities for employees working in an industrial park must be outside the geographical boundary of the industrial park and must ensure an environmental safety distance in accordance with the law on construction and other relevant regulations of law. 10. Grandfather clauses on outward investment activities:
11. From the effective date of this Law, if any document has been received and the deadline for processing thereof has expired but the results have not been returned in accordance with the Law No. 67/2014/QH14 on Investment amended by the Law No. 90/2015/QH13, the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 28/2018/QH14 and the Law 42/2019/QH14, such document shall continue to be processed in accordance with regulations of law 67/2014/QH14 on Investment amended by the Law No. 90/2015/QH13, the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 28/2018/QH14 and the Law No. 42/2019/QH14. 12. The Government shall elaborate this Article. This Law is adopted by the 14th National Assembly of Socialist Republic of Vietnam on this 17th of June 2020 during its 9th session. THE PRESIDENT OF THE NATIONAL ASSEMBLY Nguyen Thi Kim Ngan APPENDIX (Enclosed with the Law on Investment No. 61/2020/QH14) Appendix I NARCOTIC SUBSTANCES BANNED FROM INVESTMENT
No. Substance name Scientific name CAS number 1 Acetorphine 3-O-acetyltetrahydro - 7 - α - (1 - hydroxyl - 1 - methylbutyl) - 6, 14 - endoetheno - 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 - peperidyl] propionanilide 79704-88-4 5 Beta-hydroxyfentanyl N- [1- (β - hydroxyphenethyl) - 4 - peperidyl] propionanilide 78995-10-5 6 Beta-hydroxymethyl-3-fentanyl N- [1 - (β - hydroxyphenethyl) - 3 - methyl - 4 - piperidyl] propinonanilide 78995-14-9 7 Desomorphine Dihydrodeoxymorphine 427-00-9 8 Etorphine Tetrahydro - 7α - (1 - hydroxy - 1 - methylbutyl) - 6,14 - endoetheno - oripavine 14521-96-1 9 Heroine Diacetylmorphine 561-27-3 10 Ketobemidone 4 - meta - hydroxyphenyl - 1 - methyl - 4 - propionylpiperidine 469-79-4 11 3-methylfentanyl N- (3 - methyl - 1 - phenethyl - 4 - piperidyl) propionanilide 42045-86-3 12 3 -methylthiofentanyl N- [3 - methyl -1 [2 - (2 - thienyl) ethyl] - 4 - piperidyl] propionanilide 86052-04-2 13 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 14 Para-fluorofentanyl 4’ - fluoro - N - (1 - phenethyl - 4 - piperidyl) propionanilide 90736-23-5 15 PEPAP 1 - phenethyl - 4 - phenyl - 4 - piperidinol acetate 64-52-8 16 Thiofentanyl N - (1 [2- (2 - thienyl) ethyl] - 4 - piperidyl] - 4 - propionanilide 1165-22-6
No. Substance name Scientific name CAS number 17 Brolamphetamine (DOB) 2,5 - dimethoxy - 4 - bromoamphetamine 64638-07-9 18 Cathinone (-) - α - aminopropiophenone 71031-15-7 19 DET N, N- diethyltryptamine 7558-72-7 20 Delta-9-tetrahydrocanabinol (6aR, 10aR) - 6a, 7, 8, 10a - tetrahydro - 6,6,9 - trimethyl - 3 - pentyl - 6H - dibenzo [b,d] pyran - 1 - ol 1972-08-3 21 DMA (±) - 2,5 - dimethoxy - α - methylphenylethylamine 2801-68-5 22 DMHP 3 - (1,2 - dimethylheptyl) - 1 - hydroxy - 7, 8, 9, 10 - tetrahydro - 6,6,9 - trimethyl - 6H- dibenzo [b,d] pyran 32904-22-6 23 DMT N, N - dimethyltryptamine 61-50-7 24 DOET (±) - 4 - ethyl - 2,5 - dimethoxy - α - phenethylamine 22004-32-6 25 Eticyclidine N- ethyl - 1 - phenylcylohexylamine 2201-15-2 26 Etryptamine 3 - (2 - aminobuty) indole 2235-90-7 27 MDMA (±) - N - α - dimethyl - 3,4 - (methylenedioxy) phenethylamine 42542-10-9 28 Mescalin 3,4,5 - trimethoxyphenethylamine 54-04-6 29 Methcathinone 2 - (methylamino) - 1 - phenylpropan - 1 - one 5650-44-2 30 4-methylaminorex (±) - cis - 2 - amino - 4 - methyl - 5 - phenyl - 2 - oxazoline 3568-94-3 31 MMDA (±) - 5 - methoxy - 3,4 - methylenedioxy - α - methylphenylethylamine 13674-05-0 32 (+)-Lysergide (LSD) 9,10 - didehydro - N, N - diethyl - 6 - methylergoline - 8β carboxamide 50-37-3 33 N-hydroxy MDA (MDOH) (±) - N - hydroxy - [α - methyl - 3,4 - (methylenedyoxy) phenethyl] hydroxylamine 74698-47-8 34 N-ethyl MDA (±) N - ethyl - methyl - 3,4 - (methylenedioxy) phenethylamine 82801-81-8 35 Parahexyl 3 - hexyl - 7, 8, 9, 10 - tetrahydro - 6, 6, 9 - trimethyl - 6H - dibenzo [b,d] pyran - 1 - ol 117-51-1 36 PMA p - methoxy - α - methylphenethylamine 64-13-1 37 Psilocine, Psilotsin 3 - [2 - (dimetylamino) ethyl] indol - 4 - ol 520-53-6 38 Psilocybine 3 - [2 - dimetylaminoethyl] indol - 4 - yl dihydrogen phosphate 520-52-5 39 Rolicyclidine 1 - (1 - phenylcyclohexy) pyrrolidine 2201-39-0 40 STP, DOM 2,5 - dimethoxy - 4,α - dimethylphenethylamine 15588-95-1 41 Tenamfetamine (MDA) α - methyl - 3,4 - (methylendioxy) phenethylamine 4764-17-4 42 Tenocyclidine (TCP) 1 - [1 - (2 - thienyl) cyclohexyl] piperidine 21500-98-1 43 TMA (+) - 3,4,5 - trimethoxy - α - methylphenylethylamine 1082-88-8
No. Substance name Scientific name CAS number 44 MPPP 1 - methyl - 4 - phenyl - 4 - piperidinol propionate (ester) 13147-09-6
No. Substance name Scientific name CAS number 45 Cannabis and derivatives 8063-14-7 46 Khat leaves Catha edulis leaves 47 Opium and opium preparations (excluding ethyl esters of iodized fatty acids of poppy seed oil that do not contain opium) Appendix II LIST OF BANNED CHEMICALS AND MINERALS No. Chemical name in Vietnamese Chemical name in English HS code CAS number 1 Các hợp chất O-Alkyl (<C10, gồm cả cycloalkyl) alkyl (Me, Et, n-Pr hoặc i-Pr)- phosphonofloridat O-Alkyl (<=C10, incl. cycloalkyl) alkyl (Me, Et, n- Pr or i-Pr)- phosphonofluoridates 2931.00 Ví dụ: Example: • Sarin: O-Isopropylmetyl phosphonofloridat • Sarin: O-Isopropyl methylphosphonofluoridate 2931.9080 107-44-8 • Soman: O-Pinacolyl metylphosphonofloridat • Soman: O-Pinacolyl metylphosphonofloridat 2931.9080 96-64-0 2 Các hợp chất O-Alkyl (<C10, gồm cả cycloalkyl) N,N- dialkyl(Me, Et, n-Pr hoặc i-Pr)-phosphoramidocyanidat O-Alkyl (<=C10, incl. cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidocyanidates 2931.00 Ví dụ: Example: Tabun:O-Ethyl N,N-dimetyl phosphoramidocyanidat Tabun:O-Ethyl N,N-dimethyl phosphoramidocyanidate 2931.9080 77-81-6 3 Các hợp chất O-Alkyl (H hoặc <C10, gồm cả cycloalkyl) S-2- dialkyl (Me, Et, n-Pr hoặc i-Pr)- aminoetyl alkyl (Me, Et, n-Pr hoặc i-Pr) phosphonothiolat và các muối alkyl hóa hoặc proton hóa tương ứng O-Alkyl (H or <=C10, incl. cycloalkyl) S-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or protonated salts 2930.90 Ví dụ: Example: O-Etyl S-2- diisopropylaminoetyl metyl phosphonothiolat O-Ethyl S-2- diisopropylaminoethyl methyl phosphonothiolate 2930.9099 50782-69-9 4 Các chất khí gây bỏng chứa Lưu huỳnh: Sulfur mustards: • 2-Cloroetylchlorometylsulfit • 2-Chloroethyl chloromethylsulfide 2930.9099 2625-76-5 • Khí gây bỏng: Bis (2- cloroetyl) sulfit • Mustard gas: Bis(2- chloroethyl) sulfide 2930.9099 505-60-2 • Bis (2-cloroetylthio) metan • Bis(2-chloroethylthio) methane 2930.9099 63869-13-6 • Sesquimustard: 1,2-Bis (2- cloroetylthio) etan • Sesquimustard: 1,2- Bis(2-chloroethylthio)ethane 2930.9099 3563-36-8 • 1,3-Bis(2- cloroetylthio) -n-propan • 1,3-Bis(2-chloroethylthio)-n-propane 2930.9099 63905-10-2 • 1,4-Bis (2- cloroetylthio) -n-butan • 1,4-Bis(2-chloroethylthio)-n-butane 2930.9099 142868-93-7 • 1,5-Bis (2- cloroetylthio) -n-pentan • 1,5-Bis(2-chloroethylthio)-n-pentane 2930.9099 142868-94-8 • Bis (2-cloroetylthiometyl) ete • Bis(2-chloroethylthiomethyl)ether 2930.9099 63918-90-1 • Khí gây bỏng chứa Lưu huỳnh và Oxy: Bis (2-cloroetylthioetyl) ete • O-Mustard: Bis(2- chloroethylthioethyl) ether 2930.9099 63918-89-8 5 Các hợp chất Lewisit: Lewisites: • Lewisit 1: 2-Clorovinyldicloroarsin • Lewisite 1: 2- Chlorovinyldichloroarsine 2931.9080 541-25-3 • Lewisit 2: Bis (2- chlorovinyl) cloroarsin • Lewisite 2: Bis(2- chlorovinyl)chloroarsine 2931.9080 40334-69-8 • Lewisit 3: Tris (2-chlorovinyl) arsin • Lewisite 3: Tris(2-chlorovinyl)arsine 2931.9080 40334-70-1 6 Hơi cay Nitơ: Nitrogen mustards: • HN1: Bis (2-chloroethyl) etylamin • HN1: Bis(2-chloroethyl)ethylamine 2921.1999 538-07-8 • HN2: Bis(2-chloroetyl) metylamin • HN2: Bis(2-chloroethyl) methylamine 2921.1999 51-75-2 • HN3: Tris(2-cloroetyl)amin • HN3: Tris(2-chloroethyl)amine 2921.1999 555-77-1 7 Saxitoxin Saxitoxin 3002.90 35523-89-8 8 Ricin Ricin 3002.90 9009-86-3 9 Các hợp chất Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldiflorit Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides Ví dụ: Example: DF: Metylphosphonyldiflorit DF: Mefhylphosphonyldifluoride 2931.9020 676-99-3 10 Các hợp chất O-Alkyl (H hoặc <C10, gồm cả cycloalkyl) O-2- dialkyl(Me, Et, n-Pr hoặc i-Pr)- aminoetyl alkyl(Me, Et, n-Pr hoặc i-Pr) phosphonit và các muối alkyl hóa hoặc proton hóa tương ứng O-Alkyl (H or <=C10, incl. cycloalkyl) O-2-dalkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr or i-Pr) phosphonites and corresponding alkylated or protonated salts 2931.00 Ví dụ: Example: QL: O-Ethyl O-2-diisopropylaminoetyl metylphosphonit QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite 2931.9080 57856-11-8 11 Chlorosarin: O-Isopropyl metylphosphonocloridat Chlorosarin: O-Isopropyl methylphosphonochloridate 2931.9080 1445-76-7 12 Chlorosoman: O-Pinacolyl metylphosphonocloridat Chlorosoman: O-Pinacolyl methylphosphonochloridate 2931.9080 7040-57-5 13 Axit dodecyl benzen sunfonic (DBSA) Dodecyl benzene sulfonic acid (DBSA) 29041000 27176-87-0 14 Amiăng crocidolit Asbestos crocidolite 2524.10.00 12001-28-4 15 Amiăng amosit Asbestos amosite 2524.90.00 12172-73-5 16 Amiăng anthophyllit Asbestos anthophyllite 2524.90.00 17068-78-9 77536-67-5 17 Amiăng actinolit Asbestos actinolite 2524.90.00 77536-66-4 18 Amiăng tremolit Asbestos tremolite 2524.90.00 77536-68-6 Appendix III LIST OF GROUP I ENDANGERED, PRECIOUS AND RARE FOREST PLANT AND FOREST ANIMAL SPECIES AND AQUATIC SPECIES LIST OF ENDANGERED, PRECIOUS AND RARE FOREST PLANT AND FOREST ANIMAL SPECIES IA No. Vietnamese name Scientific name LỚP THÔNG PINOSIDA Họ Hoàng đàn Cupressaceae 1 Bách vàng Xanthocyparis vietnamensis 2 Bách đài loan Taiwania cryptomerioides 3 Hoàng đàn hữu liên Cupressus tonkinensis 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 subsp. fansipanensis Họ Hoàng liên gai Berberidaceae 8 Các loài Hoàng liên gai thuộc chi Berberis Berberis spp. Họ Mao lương Ranunculaceae 9 Hoàng liên chân gà Coptis quinquesecta 10 Hoàng liên bắc Coptis chinensis Họ Ngũ gia bì Araliaceae 11 Sâm vũ diệp (Vũ diệp tam thất) Panax bipinnatifidus 12 Tam thất hoang Panax stipuleanatus LỚP HÀNH LILIOPSIDA Họ lan Orchidaceae 13 Lan kim tuyến Anoectochilus setaceus 14 Lan kim tuyến Anoectochilus acalcaratus 15 Lan kim tuyến Anoectochilus calcareus 16 Lan hài bóng Paphiopedilum vietnamense 17 Lan hài vàng Paphiopedilum villosum 18 Lan hài đài cuộn Paphiopedilum appletonianum 19 Lan hài chai Paphiopedilum callosum 20 Lan hài râu Paphiopedilum dianthum 21 Lan hài hê len Paphiopedilum helenae 22 Lan hài henry Paphiopedilum henryanum 23 Lan hài xanh Paphiopedilum malipoense 24 Lan hài chân tím Paphiopedilum tranlienianum 25 Lan hài lông Paphiopedilum hirsutissimum 26 Lan hài hằng Paphiopedilum hangianum 27 Lan hài đỏ Paphiopedilum delenatii 28 Lan hài trân châu Paphiopedilum emersonii 29 Lan hài hồng Paphiopedilum micranthum 30 Lan hài xuân cảnh Paphiopedilum canhii 31 Lan hài tía Paphiopedilum purpuratum 32 Lan hài trần tuấn Paphiopedilum trantuanhii 33 Lan hài đốm Paphiopedilum concolor 34 Lan hài tam đảo Paphiopedilum gratrixianum LỚP NGỌC LAN MAGNOLIOPSIDA Họ Dầu Dipterocarpaceae 35 Chai lá cong Shorea falcata 36 Kiền kiền phú quốc Hopea pierrei 37 Sao hình tim Hopea cordata 38 Sao mạng cà ná Hopea reticulata Họ Ngũ gia bì Araliaceae 39 Sâm ngọc linh Panax vietnamensis IB No. Vietnamese name Scientific name LỚP THÚ MAMMALIA BỘ LINH TRƯỞNG PRIMATES 1 Cu li lớn Nycticebus bengalensis 2 Cu li nhỏ Nycticebus pygmaeus 3 Chà vá chân đen Pygathrix nigripes 4 Chà vá chân nâu Pygathrix nemaeus 5 Chà vá chân xám Pygathrix cinerea 6 Voọc bạc đông dương Trachypithecus germaini 7 Voọc bạc trường sơn Trachypithecus margarita 8 Voọc cát bà Trachypithecus poliocephalus 9 Voọc đen má trắng Trachypithecus francoisi 10 Voọc hà tĩnh Trachypithecus hatinhensis 11 Voọc mông trắng Trachypithecus delacouri 12 Voọc mũi hếch Rhinopithecus avunculus 13 Voọc xám Trachypithecus crepusculus 14 Vượn cao vít Nomascus nasutus 15 Vượn đen tuyền Nomascus concolor 16 Vượn má hung Nomascus gabriellae 17 Vượn má trắng Nomascus leucogenys 18 Vượn má vàng trung bộ Nomascus annamensis 19 Vượn siki Nomascus siki BỘ THÚ ĂN THỊT CARNIVORA 20 Sói đỏ (Chó sói lửa) Cuon alpinus 21 Gấu chó Helarctos malayanus 22 Gấu ngựa Ursus thibetanus 23 Rái cá lông mượt Lutrogale perspicillata 24 Rái cá thường Lutra lutra 25 Rái cá vuốt bé Aonyx cinereus 26 Rái cá lông mũi Lutra sumatrana 27 Cầy mực Arctictis binturong 28 Cầy gấm Prionodon pardicolor 29 Báo gấm Neofelis nebulosa 30 Báo hoa mai Panthera pardus 31 Beo lửa Catopuma temminckii 32 Hổ đông dương Panthera tigris corbetti 33 Mèo cá Prionailurus viverrinus 34 Mèo gấm Pardofelis marmorata BỘ CÓ VÒI PROBOSCIDEA 35 Voi châu á Elephas maximus BỘ MÓNG GUỐC LẺ PERISSODACTYLA 36 Tê giác một sừng Rhinoceros sondaicus BỘ MÓNG GUỐC CHẴN ARTIODACTYLA 37 Bò rừng Bos javanicus 38 Bò tót Bos gaurus 39 Hươu vàng Axis porcinus annamiticus 40 Hươu xạ Moschus berezovskii 41 Mang lớn Megamuntiacus vuquangensis 42 Mang trường sơn Muntiacus truongsonensis 43 Nai cà tong Rucervus eldii 44 Sao la Pseudoryx nghetinhensis 45 Sơn dương Naemorhedus milneedwardsii BỘ TÊ TÊ PHOLIDOTA 46 Tê tê java Manis javanica 47 Tê tê vàng Manis pentadactyla BỘ THỎ RỪNG LAGOMORPHA 48 Thỏ vằn Nesolagus timminsi LỚP CHIM AVES BỘ BỒ NÔNG PELECANIFORMES 49 Bồ nông chân xám Pelecanus philippensis 50 Cò thìa Platalea minor 51 Quắm cánh xanh Pseudibis davisoni 52 Quắm lớn (Cò quắm lớn) Thaumatibis gigantea 53 Vạc hoa Gorsachius magnificus BỘ CỔ RẮN SULIFORMES 54 Cổ rắn Anhinga melanogaster BỘ BỒ NÔNG PELECANIFORMES 55 Cò trắng trung quốc Egretta eulophotes BỘ HẠC CICONIFORMES 56 Già đẫy nhỏ Leptoptilos javanicus 57 Hạc cổ trắng Ciconia episcopus 58 Hac xám Mycteria cinerea BỘ ƯNG ACCIPITRIFORMES 59 Đại bàng đầu nâu Aquila heliaca 60 Kền kền ấn độ Gyps indicus 61 Kền kền ben gan Gyps bengalensis BỘ CẮT FALCONIFORMES 62 Cắt lớn Falco peregrinus BỘ CHOẮT CHARADRIIFORMES 63 Choắt lớn mỏ vàng Tringa guttifer BỘ NGỖNG ANSERIFORMES 64 Ngan cánh trắng Asarcornis scutulata BỘ GÀ GALLIFORMES 65 Gà lôi lam mào trắng Lophura edwardsi 66 Gà lôi tía Tragopan temminckii 67 Gà lôi trắng Lophura nycthemera 68 Gà so cổ hung Arborophila davidi 69 Gà tiền mặt đỏ Polyplectron germaini 70 Gà tiền mặt vàng Polyplectron bicalcaratum 71 Trĩ sao Rheinardia ocellata BỘ SẾU GRUIFORMES 72 Sếu đầu đỏ (Sếu cổ trụi) Grus antigone BỘ Ô TÁC OTIDIFORMES 73 Ô tác Honbaropsis bengalensis BỘ BỒ CÂU COLUMBIFORMES 74 Bồ câu ni cô ba Caloenas nicobarica BỘ HỒNG HOÀNG Bucerotiformes 75 Hồng hoàng Buceros bicornis 76 Niệc cổ hung Aceros nipalensis 77 Niệc mỏ vằn Rhyticeros undulatus 78 Niệc nâu Anorrhinus austeni BỘ SẺ PASSERRIFORMES 79 Khướu ngọc linh Trochalopteron ngoclinhense LỚP BÒ SÁT REPTILIA BỘ CÓ VẢY SQUAMATA 80 Tắc kè đuôi vàng Cnemaspis psychedelica 81 Thằn lằn cá sấu Shinisaurus crocodilurus 82 Kỳ đà vân Varanus nebulosus (Varanus bengalensis) 83 Rắn hổ chúa Ophiophagus hannah BỘ RÙA TESTUDINES 84 Rùa ba-ta-gua miền nam Batagur affinis 85 Rùa hộp trán vàng miền trung (Cuora bourreti) Cuora bourreti 86 Rùa hộp trán vàng miền nam (Cuora picturata) Cuora picturata 87 Rùa hộp trán vàng miền bắc Cuora galbinifrons 88 Rùa trung bộ Mauremys annamensis 89 Rùa đầu to Platysternon megacephalum 90 Giải sin-hoe Rafetus swinhoei 91 Giải Pelochelys cantorii BỘ CÁ SẤU CROCODILIA 92 Cá sấu nước lợ (Cá sấu hoa cà) Crocodylus porosus 93 Cá sấu nước ngọt (Cá sấu xiêm) Crocodylus siamensis LIST OF ENDANGERED, PRECIOUS AND RARE AQUATIC SPECIES GROUP I No. Vietnamese name Scientific name I LỚP ĐỘNG VẬT CÓ VÚ MAMMALIAS 1 Họ cá heo biển (tất cả các loài, trừ cá heo trắng trung hoa - Sousa chinensis) Delphinidae 2 Họ cá heo chuột (tất cả các loài) Phocoenidae 3 Họ cá heo nước ngọt (tất cả các loài) Platanistidae 4 Họ cá voi lưng gù (tất cả các loài) Balaenopteridae 5 Họ cá voi mõm khoằm (tất cả các loài) Ziphiidae 6 Họ cá voi nhỏ (tất cả các loài) Physeteridae II LỚP CÁ XƯƠNG OSTEICHTHYES 7 Cá chình mun Anguilla bicolor 8 Cá chình nhật Anguilla japonica 9 Cá cháy bắc Tenualosareevesii 10 Cá mòi đường Albulavulpes 11 Cá đé Ilishaelongata 12 Cá thát lát khổng lồ Chitalalopis 13 Cá anh vũ Semilabeo obscurus 14 Cá chép gốc Procyprismerus 15 Cá hô Catlocarpiosiamensis 16 Cá học trò Balantiocheilosambusticauda 17 Cá lợ thân cao (Cá lợ) Cyprinus hyperdorsalis 18 Cá lợ thân thấp Cyprinus muititaeniata 19 Cá măng giả Luciocyprinuslangsoni 20 Cá may Gyrinocheilusaymonieri 21 Cá mè huế Chanodichthysflavpinnis 22 Cá mom (Cá rồng) Scleropagesformosus 23 Cá pạo (Cá mị) Sinilabeograffeuilli 24 Cá rai Neolisochilusbenasi 25 Cá trốc Acrossocheilusannamensis 26 Cá trữ Cyprinus dai 27 Cá thơm Plecoglossusaltivelis 28 Cá niết cúc phương Pterocryptiscucphuongensis 29 Cá tra đầu Pangasianodongigas 30 Cá chen bầu Ompokbimaculatus 31 Cá vồ cờ Pangasius sanitwongsei 32 Cá sơn đài Ompokmiostoma 33 Cá bám đá Gyrinocheiluspennocki 34 Cá trê tối Clariasmeladerma 35 Cá trê trắng Clariasbatrachus 36 Cá trèo đồi Chana asiatica 37 Cá bàng chài vân sóng Cheilinusundulatus 38 Cá dao cạo Solenostomus paradoxus 39 Cá dây lưng gù Cyttopsiscypho 40 Cá kèn trung quốc Aulostomuschinensis 41 Cá mặt quỷ Scorpaenopsisdiabolus 42 Cá mặt trăng Molamola 43 Cá mặt trăng đuôi nhọn Masturuslanceolatus 44 Cá nòng nọc nhật bản Ateleopus japonicus 45 Cá ngựa nhật Hippocampus japonicus 46 Cá đường (Cá sủ giấy) Otolithoidesbiauratus 47 Cá kẽm chấm vàng Plectorhynchusflavomaculatus 48 Cá kẽm mép vẩy đen Plectorhynchusgibbosus 49 Cá song vân giun Epinephelusundulatostriatus 50 Cá mó đầu u Bolbometoponmuricatum 51 Cá mú dẹt Cromileptesaltivelis 52 Cá mú chấm bé Plectropomusleopardus 53 Cá mú sọc trắng Anyperodonleucogrammicus 54 Cá hoàng đế Pomacanthus imperator III LỚP CÁ SỤN CHONDRICHTHYES 55 Các loài cá đuối nạng Mobula sp. 56 Các loài cá đuối ó mặt quỷ Manta sp. 57 Cá đuối quạt Okamejeikenojei 58 Cá giống mõm tròn Rhinaancylostoma 59 Cá mập đầu bạc Carcharhinus albimarginatus 60 Cá mập đầu búa hình vỏ sò Sphyrna lewini 61 Cá mập đầu búa lớn Sphyrna mokarran 62 Cá mập đầu búa trơn Sphyrna zygaena 63 Cá mập đầu vây trắng Carcharhinus longimanus 64 Cá mập đốm đen đỉnh đuôi Carcharhinus melanopterus 65 Cá mập hiền Carcharhinus amblyrhynchoides 66 Cá mập lơ cát Carcharhinus leucas 67 Cá mập lụa Carcharhinus falciformis 68 Cá mập trắng lớn Carcharodon carcharias 69 Cá nhám lông nhung Cephaloscyllium umbratile 70 Cá nhám nâu Etmopterus lucifer 71 Cá nhám nhu mì Stegostomafasciatum 72 Cá nhám rang Rhinzoprionodonacutus 73 Cá nhám thu Lamna nasus 74 Cá nhám thu/cá mập sâu Pseudocarchariaskamoharai 75 Cá nhám voi Rhincodon typus 76 Các loài cá đao Pristidae spp. 77 Các loài cá mập đuôi dài Alopias spp. IV LỚP HAI MẢNH VỎ BIVALVIA 78 Trai bầu dục cánh cung Margaritanopsislaosensis 79 Trai cóc dày Gibbosulacrassa 80 Trai cóc hình lá Lamprotulablaisei 81 Trai cóc nhẵn Cuneopsisdemangei 82 Trai cóc vuông Protuniomessageri 83 Trai mẫu sơn Contradensfultoni 84 Trai sông bằng Pseudobaphiabanggiangensis V LỚP CHÂN BỤNG GASTROPODA 85 Các loài trai tai tượng Tridacna spp. 86 Họ ốc anh vũ (tất cả các loài) Nautilidae 87 Ốc đụn cái Tectusniloticus 88 Ốc đụn đực Tectuspyramis 89 Ốc mút vệt nâu Cremnoconchusmessageri 90 Ốc sứ mắt trĩ Cypraeaargus 91 Ốc tù và Charoniatritonis 92 Ốc xà cừ Turbo marmoratus VI LỚP SAN HÔ ANTHOZOA 93 Bộ san hô đá (tất cả các loài) Scleractinia 94 Bộ san hô cứng (tất cả các loài) Stolonifera 95 Bộ san hô đen (tất cả các loài) Antipatharia 96 Bộ san hô sừng (tất cả các loài) Gorgonacea 97 Bộ san hô xanh (tất cả các loài) Helioporacea VII NGÀNH DA GAI ECHINODERMATA 98 Cầu gai đá Heterocentrotusmammillatus 99 Hải sâm hổ phách Thelenotaanax 100 Hải sâm lựu Thelenotaananas 101 Hải sâm mít hoa (Hải sâm dừa) Actinopygamauritiana 102 Hải sâm trắng (Hải sâm cát) Holothuria (Metriatyla) scabra 103 Hải sâm vú Microthelenobilis VIII GIỚI THỰC VẬT PLANTAE 104 Cỏ nàn Halophila beccarii 105 Cỏ xoan đơn Halophila decipiens 106 Cỏ lăn biển Syringodiumizoetifolium 107 Rong bắp sú Kappaphycus striatum 108 Rong bong bóng đỏ Scinaiaboergesenii 109 Rong câu chân vịt Hydropuntiaeucheumoides 110 Rong câu cong Gracilariaarcuata 111 Rong câu dẹp Gracilariatextorii 112 Rong câu đỏ Gracilaria rubra 113 Rong câu gậy Gracilariablodgettii 114 Rong chân vịt nhăn Cryptonemiaundulata 115 Rong đông gai dày Hypneaboergesenii 116 Rong đông sao Hypneacornuta 117 Rong hồng mạc nhăn Halymeniadilatata 118 Rong hồng mạc trơn Halymeniamaculata 119 Rong hồng vân Betaphycusgelatinum 120 Rong hồng vân thỏi Eucheuma arnoldii 121 Rong kỳ lân Kappaphycuscottonii 122 Rong mơ Sargassum quinhonensis 123 Rong mơ mềm Sargassum tenerrimum 124 Rong nhớt Helminthodadiaaustralis 125 Rong sụn gai Eucheuma denticulatum 126 Rong tóc tiên Bangiafuscopurpurea Appendix IV LIST OF CONDITIONAL BUSINESS LINES No. BUSINESS LINES 1 Production of seals 2 Combat gear trading (including repair) 3 Trading in fireworks, excluding firecrackers 4 Trading in camouflage devices and software used for sound and video recording and positioning 5 Trading in paintball guns 6 Trading in military equipment and supplies for the people's armed forces, military weapons, technical equipment, ammunition and specialized vehicles used for the army and police; components, accessories, spare parts, supplies and specialized equipment and technology used for production thereof 7 Pawnshop services 8 Massage services 9 Trading in warning devices for emergency vehicles 10 Security guard services 11 Fire safety and firefighting services 12 Lawyer’s practice 13 Notary’s practice 14 Judicial assessment in the fields of finance, banking, construction, antiques, relics, copyright 15 Auctioneer's practice 16 Bailiff’s practice 17 Practice by asset managers and liquidators regarding assets of enterprises and co-operatives in the pending time of bankruptcy 18 Accounting services 19 Auditing services 20 Tax agency services 21 Customs agency services 22 Duty-free goods trading 23 Bonded warehouse and container freight station business 24 Premises for conducting customs procedures, customs gathering, inspection and supervision for rent 25 Securities trading 26 Securities registration, depository, clearing and settlement services rendered by Vietnam Securities Depository and Clearing Corporation (VSDC), organization of markets for trading of listed securities and other securities 27 Insurance business 28 Reinsurance business 29 Insurance brokerage and insurance auxiliary services 30 Insurance agency 31 Price valuation services 32 Lottery business 33 Prize-winning electronic games for foreigners 34 Credit rating services 35 Casino business 36 Betting business 37 Voluntary retirement fund management services 38 Petro and oil trading 39 Gas trading 40 Commercial assessment services 41 Industrial explosive trading (including destruction thereof) 42 Explosive precursor trading 43 Business operations using industrial explosives and explosive precursors 44 Blasting services 45 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 46 Spirit trading 47 Trading tobacco products, tobacco raw materials, and machinery and equipment serving tobacco industry 48 Trading in foods under the management of the Ministry of Industry and Trade 49 Commodity exchange operations 50 Electricity generation, transmission, distribution, wholesaling, retail and consultancy 51 Rice export 52 Temporary import for re-export of goods subject to special excise tax 53 Temporary import for re-export of frozen food 54 Temporary import for re-export of goods on the List of used goods 55 Mineral trading 56 Industrial precursor trading 57 Goods trading and activities directly related goods trading by foreign service providers in Vietnam 58 Multi-level marketing 59 E-commerce activities 60 Petroleum activities 61 Energy auditing 62 Vocational educational activities 63 Vocational education accreditation 64 Occupational skill assessment services 65 Occupational safety inspection services 66 Occupational safety and health training services 67 Employment agency services 68 Overseas employment agency services 69 Voluntary drug rehabilitation services, smoking cessation services, HIV/AIDS treatment service, care services for the elderly, people with disabilities and children 70 Labor outsourcing services 71 Road transport services 72 Automobile warranty and maintenance services 73 Manufacture, assembly and import of automobiles 74 Motor vehicle inspection services 75 Automobile driver training services 76 Traffic safety inspector training services 77 Driving test services 78 Traffic safety assessment services 79 Waterway transport services 80 Inland waterway ship building, modification, repair and restoration services 81 Inland waterway ship crewmember and operator training services 82 Crewmember training and coaching, and ship crewmember recruitment and supply 83 Maritime safety services 84 Sea transport services 85 Ship towing services 86 Import and dismantling of used sea-going ship 87 Ship building, modification and repair services 88 Commercial operation of seaports 89 Air transport business 90 Aircraft, aircraft engine, propeller and aircraft equipment design, manufacture and testing services in Vietnam 91 Commercial operation of airports and aerodromes 92 Aviation services at airports and aerodromes 93 Air navigation services 94 Flight crew training services 95 Rail transport business 96 Rail infrastructure business 97 Urban rail business 98 Multimodal transport services 99 Hazardous goods transport services 100 Pipeline transport services 101 Real estate business 102 Clean water (domestic water) trading 103 Architectural services 104 Construction project management consultancy services 105 Construction survey services 106 Construction design and construction design assessment services 107 Construction supervision services 108 Construction services 109 Foreign contractors’ construction activities 110 Construction cost management services 111 Construction inspection services 112 Construction experiment services 113 Apartment building operation and management services 114 Cremation facility management and operation services 115 Construction planning formulation services 116 Trading in white asbestos of the serpentine group 117 Postal services 118 Telecommunications services 119 Digital signature authentication services 120 Publishers' activities 121 Printing services excluding package printing 122 Publication release services 123 Social network services 124 Telecommunications network- and internet-based games 125 Pay radio and television services 126 General news website development services 127 Processing, recycling, repair and refurbishment of used IT products on the list of used IT products banned from import for foreign partners 128 Provision of information and IT services on mobile network or the Internet 129 Domain name registration and maintenance services 130 Data center services 131 Electronic identification and authentication services 132 Network information security products and services 133 Imported newspaper distribution services 134 Trading in civil cryptography products and services 135 Trading in mobile phone jammers 136 Operation of pre-school institutions 137 Operation of general education institutions 138 Operation of higher education institutions 139 Operation of foreign-invested educational institutions, representative offices of foreign educational institutions in Vietnam, branches of foreign-invested educational institutions 140 Operation of continuing education institutions 141 Operation of specialized schools 142 Educational cooperation with foreign partners 143 Education accreditation 144 Overseas study consultancy services 145 Fishing. 146 Trading in fishery products 147 Trading in aquaculture feeds and animal feeds 148 Aquaculture feed and animal feed testing services 149 Trading in biological preparations, microorganisms, chemicals, environmental remediation agents serving aquaculture and husbandry 150 Fishing vessel building and modification 151 Fishing vessel registration 152 Training and retraining crew members of fishing vessels 153 Breeding and cultivation of wild flora and fauna prescribed in the CITES Appendices and the List of endangered, precious and rare forest plant and animal species and aquatic species 154 Breeding and raising normal wild animals 155 Import, export, re-export, transit, and introduction from the sea of natural specimens of species prescribed in the CITES appendices and lists of endangered, precious and rare forest plant and animal species and aquatic species 156 Import, export and re-export of bred, reared or artificially propagated specimens of species prescribed in the CITES appendices and lists of endangered, precious and rare forest plant and animal species and aquatic species 157 Processing, trading, transporting, advertising displaying and storing specimens of plant and animal species prescribed in the CITES appendices and lists of endangered, precious and rare forest plant and animal species and aquatic species 158 Trading in agrochemicals 159 Processing of items required to undergo plant quarantine 160 Agrochemical testing services 161 Plant protection services 162 Trading in veterinary drugs, vaccines, biological preparations, microorganisms and chemicals serving veterinary medicine 163 Veterinary technical services 164 Animal testing and surgery services 165 Vaccination, diagnosis, prescription, treatment and healthcare services for animals 166 Veterinary drug testing and experimenting services (including veterinary drugs, aquatic veterinary drugs, vaccines, biological preparations, microorganisms and chemicals serving veterinary medicine and aquaculture veterinary medicine) 167 Farm breeding services 168 Domestic animal and poultry slaughtering services 169 Trading in foods under the management of the Ministry of Agriculture and Rural Development 170 Animals and animal product quarantine services 171 Trading in fertilizers 172 Fertilizer testing services 173 Trading in plant varieties and animal breeds 174 Trading in aquatic breeds 175 Plant variety and animal breed testing services 176 Aquatic breed testing services 177 Testing biological preparations, microorganism, chemicals, environmental remediation agents serving aquaculture and husbandry 178 Trading in genetically modified food 179 Medical examination and treatment services 180 Cosmetic surgery services 181 Pharmacy business 182 Cosmetics production 183 Trading in insecticidal and germicidal chemicals and preparations for medical use 184 Trading in medical equipment 185 Industrial property assessment services (comprising assessment of copyright and related rights, assessment of industrial property ownership and assessment of plant variety rights) 186 Radiological work services 187 Atomic energy application ancillary services 188 Conformity assessment services 189 Verification, calibration and testing of measuring instruments and measurement standards 190 Technology assessment, valuation and examination services 191 Intellectual property right representation services (comprising industrial property representation services and plant variety right representation services) 192 Film release and distribution services 193 Antiques assessment services 194 Site/monument protection, renovation and restoration project planning, execution, supervision services 195 Karaoke and dance club business 196 Travel services 197 Sports business by sports enterprises and professional sports clubs 198 Art performance, fashion show, beauty contest, model contest services 199 Trading audios and videos of dance, music and stage performances 200 Accommodation services 201 Trading in relics, antiques and national treasures 202 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 203 Museum services 204 Trading in electronic games (except for prize-winning electronic games for foreigners and online electronic prize-winning electronic games) 205 Land survey and assessment consultancy services 206 Land planning and plan formulation services 207 IT infrastructure and software infrastructure development services for land information systems 208 Land database development services 209 Land pricing services 210 Measurement and mapping services 211 Hydro-meteorological forecasting and warning services 212 Underground water drilling and survey services 213 Water resources extraction services and services of discharge of wastewater into water bodies 214 Services of baseline surveys of, and consultancy on formulation of water resources planning, schemes and reports 215 Mineral exploration services 216 Mineral mining 217 Hazardous waste transport and treatment services 218 Import of scrap 219 Environmental monitoring services 220 Business operation of commercial banks 221 Business operation of non-bank credit institutions 222 Business operation of cooperatives, people's credit funds, microfinance institutions 223 Provision of intermediary payment services and provision of payment services without payment accounts of customers 224 Credit information services 225 Business operation and foreign exchange activities by organizations which are not credit institutions |