Decree 31/2021/ND-CP detailing and guiding the implementation of the Investment Law 2020

DECREE

DETAILED PROVISIONS AND GUIDANCES FOR IMPLEMENTATION OF SOME ARTICLES OF THE INVESTMENT LAW

Pursuant to the June 19, 6 Law on Government Organization; The Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Organization of Local Government dated November 2015, 22;

Pursuant to the November 17, 6 Investment Law;

Pursuant to the Enterprise Law dated November 17, 6;

At the proposal of the Minister of Planning and Investment;

The Government promulgates a Decree detailing and guiding the implementation of a number of articles of the Investment Law.

Chapter I

GENERAL RULES

Article 1. Scope of adjustment and subject of application

1. This Decree details and guides the implementation of a number of articles of the Investment Law regarding business investment conditions; industries, trades and market access conditions for foreign investors; business investment guarantee; investment incentives and support; Investment procedures; offshore investment activities; investment Promotion; State management over business investment activities in Vietnam and investment abroad.

2. Offshore investment activities in the forms specified at Point d, Clause 1, Article 52 of the Law on Investment; offshore investment activities in the oil and gas field; procedures for approving investment policies by the National Assembly and for monitoring and evaluating investment are specified in separate Government decrees.

3. This Decree applies to investors and competent state agencies; organizations and individuals related to business investment activities in Vietnam and overseas investment activities.

Article 2. Explain words

In this Decree, the terms below are construed as follows:

1. A valid copy is a copy issued from the master register or a certified copy from the original by a competent agency or organization or from a national database in case the original information is stored. on the national database of population, business registration and investment.

2. Original dossier is a set of dossiers for carrying out investment procedures as prescribed in Clause 7 of this Article, including papers that are originals, originals or valid copies, except foreign-language documents and their English translations. Vietnamese attached.

3. The National Investment Portal is a part of the National Investment Information System, which is used to carry out the procedures for granting and adjusting the Investment Registration Certificate and the Registration Certificate. investment abroad; post and update legal documents, policies and market access conditions for foreign investors; update and exploit information on investment promotion activities, foreign investment in Vietnam, investment abroad, development of industrial parks, economic zones and state management of investment activities.

4. Agencies applying investment incentives are tax offices, financial agencies, customs offices and other competent agencies corresponding to each type of investment incentives.

5. International treaty on investment means an international treaty in force for Vietnam to which the State or the Government of the Socialist Republic of Vietnam is a contracting party, which stipulates the rights and obligations of the State. or the Government of the Socialist Republic of Vietnam with respect to investment activities of investors in a country or territory that is a party to such treaty, including:

a) Bilateral and multilateral agreements on investment promotion and protection;

b) Free trade agreements and other regional economic integration agreements;

c) The Protocol of Accession to the Agreement Establishing the World Trade Organization (WTO) by the State of the Socialist Republic of Vietnam signed on November 07, 11;

d) Other international treaties defining the rights and obligations of the State or the Government of the Socialist Republic of Vietnam related to investment activities.

6. A valid application is one that has all the documents specified in the Law on Investment and this Decree and the contents of those papers are fully declared in accordance with law.

7. Dossier for implementation of investment procedures means a dossier made by an investor or a competent state agency to carry out the procedures for granting and adjusting the decision on approval of investment policies or the investment registration certificate. investment, outward investment registration certificate and other relevant procedures to carry out investment activities in accordance with the provisions of the Law on Investment and this Decree.

8. Other areas affecting national defense and security are areas defined in accordance with the law on national defense and security, including:

a) Areas with national defense and security works, military zones, prohibited areas, protected areas, safety belts of defense works and military zones according to the law on protection of defense works and military zones. military zone;

b) Areas bordering important political, economic, diplomatic, scientific - technical, cultural and social objectives are guarded and protected by the armed forces of the People's Police in accordance with the law. law on bodyguards;

c) Important works related to national security and protection corridors of important works related to national security according to the law on protection of important works related to national security;

d) Economic - defense zones according to the Government's regulations on combining national defense with socio-economic and socio-economic with national defense;

dd) Areas of military and national defense value under the Prime Minister's decision approving the master plan on arrangement of defense in combination with socio-economic development;

e) Areas where foreign organizations and individuals are not allowed to own houses to ensure national defense and security in accordance with the law on housing.

9. Law on Enterprises is Law No. 59/2020/QH14 approved by the National Assembly of the Socialist Republic of Vietnam, term XIV, at its 9th session on June 17, 6.

10. Enterprise Law 2014 is Law No. 68/2014/QH13 passed by the National Assembly of the Socialist Republic of Vietnam, term XIII, 8th session, on November 26, 11.

11. Investment Law is Law No. 61/2020/QH14 approved by the National Assembly of the Socialist Republic of Vietnam, term XIV, at its 9th session on June 17, 6.

12. Investment Law 2014 is Law No. 67/2014/QH13 passed by the National Assembly of the Socialist Republic of Vietnam, term XIII, 8th session, on November 26, 11, as amended and supplemented. a number of articles under Law No. 2014/90/QH2015, Law No. 13/03/QH2016, Law No. 14/04/QH2017, Law No. 14/28/QH2018 and Law No. 14/42/QH2019.

13. Industry and trade that Vietnam has not yet committed to market access is an industry or trade in which, according to international treaties on investment in Vietnam, there are no commitments, no commitments or reserves the right to issue inappropriate measures. consistent with market access obligations, national treatment obligations or other non-discrimination obligations between domestic and foreign investors as provided for in international treaties on investment. that fourth.

14. Overseas economic organizations specified in Chapter VI of this Decree are economic organizations established in accordance with the laws of the country or territory where Vietnamese investors conduct investment activities. , investment projects in which Vietnamese investors have contributed capital or other capital sources in accordance with the laws of that country and territory.

15. Documents on investor's legal status are valid copies of personal identification papers or papers certifying the establishment and operation of economic organizations, including:

a) Personal identification number, for individuals who are Vietnamese citizens, or a valid copy of one of the following papers: Identity card, citizen identification card, valid passport, other documents other personal food for individuals;

b) A valid copy of one of the following papers: Certificate of enterprise registration, Certificate of establishment, Decision on establishment or other documents of equivalent legal validity to the organization.

16. Rural area is an administrative boundary area excluding the area of ​​wards of towns, cities and urban districts.

Article 3. State guarantees for the implementation of investment projects

1. Based on socio-economic development conditions and investment attraction needs in each period, objectives, scale and nature of investment projects, the Prime Minister shall consider and decide on the form , contents guaranteed by the State for the implementation of investment projects falling under the authority to approve investment policies of the National Assembly, the Prime Minister and other important infrastructure development investment projects at the request of the Government. Ministries, ministerial-level agencies, People's Committees of provinces and centrally run cities.

2. State guarantees for the implementation of investment projects as prescribed in Clause 1 of this Article shall be considered and applied in the following forms:

a) Partial support for foreign currency balance on the basis of foreign exchange management policies and foreign currency balance capability in each period;

b) Other forms of State guarantee decided by the Prime Minister.

3. Investors, project enterprises investing in the form of public-private partnership shall be considered for application of forms of investment security as prescribed in Chapter II of the Law on Investment and the law on investment in accordance with the provisions of Chapter II of the Law on Investment. public-private partnership.

Article 4. Guarantee of investment incentives in case of change of law

1. In case the promulgated legal document contains provisions that change the investment incentives currently applied to investors before the effective date of such document, the investor is guaranteed to implement investment incentives as prescribed in Article 13 of the Law on Investment.

2. Guaranteed investment incentives specified in Clause 1 of this Article include:

a) Investment incentives are specified in the Investment License, Business License, Investment Incentive Certificate, Investment Certificate, Investment Registration Certificate, investment policy decision document. , Decision on approval of investment policy or other document issued and applied by a competent person or a competent state agency in accordance with law;

b) Investment incentives that investors are entitled to according to the provisions of law do not fall into the case specified at Point a of this Clause.

3. When requesting the application of investment security measures as prescribed in Clause 4, Article 13 of the Law on Investment, the investor shall send a written request to the investment registration agency enclosed with one of the following documents: : Investment license, business license, investment incentive certificate, investment certificate, investment registration certificate, investment policy decision document, investment policy approval decision or another document issued by a competent state agency or a competent person with regulations on investment incentives (if any). The proposal document includes the following contents:

a) Name and address of the investor;

b) Investment incentives prescribed in legal documents prior to the effective date of the new legal document include: types of incentives, conditions for enjoying incentives, and levels of incentives (if any);

c) The content of the promulgated or amended or supplemented legal document contains provisions that change the investment incentives already applied to investors as prescribed at Point b of this Clause;

d) The investor's proposal on the application of investment security measures specified in Clause 4, Article 13 of the Law on Investment.

4. The investment registration authority shall consider and decide to apply an investment security measure as proposed by the investor within 30 days from the date of receipt of a valid dossier as prescribed in Clause 3 of this Article. . In case of exceeding its competence, the investment registration agency shall submit it to a competent state agency for consideration and decision.

Article 5. Languages ​​used in investment procedures

1. Dossiers of implementation of investment procedures, documents and reports sent to competent state agencies shall be made in Vietnamese.

2. If the application for implementation of investment procedures contains documents in a foreign language, the investor must have a Vietnamese translation attached to the document in the foreign language.

3. In case the papers and documents in the application for implementation of investment procedures are made in Vietnamese and a foreign language, the Vietnamese version shall be used to carry out investment procedures.

4. The investor is responsible in case there is a difference between the translated content or the copy and the original and in case there is a difference between the Vietnamese version and the foreign language version.

Article 6. Receipt of dossiers and settlement of procedures related to investment activities

1. The receipt of dossiers and handling of procedures related to investor's investment activities shall be carried out as follows:

a) The investor is responsible before law for the legality, accuracy and truthfulness of the application's contents and documents sent to the competent state agency;

b) The application-receiving agency is responsible for checking the validity of the application, and may not require the investor to submit additional documents other than those in the dossier as prescribed in the Investment Law and this Decree. ;

c) In case there is a request to amend or supplement the dossier, the dossier-receiving agency shall notify the investor once in writing of all contents that need to be amended and supplemented for each set of dossiers. profile. The notice must clearly state the grounds, contents and time limit for amending and supplementing the dossier. The investor is responsible for amending and supplementing the dossier within the time limit specified in the written notice of the dossier-receiving agency. If the investor fails to amend or supplement the dossier within the notified time limit, the Ministry of Planning and Investment and the investment registration authority shall consider stopping the processing of the dossier and notify the investor in writing. private;

d) When requesting the investor to explain the contents of the dossier, the Ministry of Planning and Investment and the investment registration authority shall notify in writing the investor and specify the time limit for explanation. If the investor fails to give an explanation as requested, the Ministry of Planning and Investment and the investment registration authority shall consider and notify in writing the investor of the termination of the application;

dd) Time for amending, supplementing dossiers or giving explanations of investors about relevant contents in dossiers as prescribed at Points c and d of this Clause and time for handling administrative violations in the field of investment (if any) is not included in the time for processing procedures as prescribed by the Law on Investment and this Decree;

e) In case of refusal to issue or amend the Decision on approval of investment policies, the Decision on approval of investors, the Certificate of investment registration, the Certificate of outward investment registration and other administrative documents; other major investment regulations as prescribed in the Law on Investment and this Decree, the Ministry of Planning and Investment and the investment registration agency are responsible for notifying the investor in writing and clearly stating the reason.

2. The collection of opinions between state agencies in the process of processing investment procedures dossiers shall be carried out as follows:

a) The opinion-gathering agency must determine the contents of the request for opinions in accordance with the functions and tasks of the agency receiving opinions and the time limit for replying according to the provisions of the Investment Law and this Decree;

b) Within the time limit specified at Point a of this Clause, the agency to be consulted shall reply and take responsibility for the content of the opinion within its functions and tasks; Past the prescribed time limit, without giving any opinion, it is considered to have agreed with the contents under the management of that agency.

3. Competent agencies and persons are only responsible for the contents assigned to approve, appraise, approve or settle other procedures related to investment activities as prescribed in the Investment Law and Decree No. this provision; is not responsible for the contents that have been previously approved, appraised, approved or resolved by other competent agencies or persons.

4. The Ministry of Planning and Investment, the investment registration agency and other state management agencies do not settle disputes between investors and disputes between investors and related organizations and individuals. during investment activities.

5. Investors are responsible according to the provisions of law and for all damages incurred in case of failure to perform or improper implementation of procedures specified in the Law on Investment, this Decree and relevant laws.

Article 7. Handling of forged dossiers

1. When it is determined by a competent agency, organization or person as prescribed by law that there are fake contents in the application for implementation of investment procedures, the investment registration agency shall carry out the following procedures:

a) Notify the investor in writing of the violation;

b) Cancel or report to a competent agency or person for consideration and cancellation of the decision on approval of investment policies, decision on investor approval, investment registration certificate, investment registration certificate abroad and other relevant documents (hereinafter collectively referred to as documents and papers) which have been issued for the first time, or whose contents of documents and papers are recorded on the basis of forged information;

c) Restore documents and papers issued on the basis of the most recent valid dossier, and at the same time handle or report to a competent agency or person for handling in accordance with law.

2. Investors are responsible according to the provisions of law and all damages incurred for acts of forging the contents of dossiers and documents.

Article 8. Responsibility to disclose and provide information on investment projects

1. Investment registration agencies, state management agencies in charge of planning, natural resources and environment, construction and other state management agencies shall have to fully and publicly announce plannings and lists investment project items as prescribed by law.

2. In case the investor requests to provide information on the planning, investment project list and other information related to the investment project, the agencies specified in Clause 1 of this Article are responsible for provide information according to its competence to investors within 05 working days from the date of receiving the investor's written request.

3. Investors have the right to use information as prescribed in Clauses 1 and 2 of this Article to compile dossiers and implement investment projects.

Article 9. Mechanism for resolving investor problems and preventing disputes between the State and investors

1. During the course of investment and business activities, investors are entitled to report problems and recommendations related to the application and enforcement of laws to competent state agencies.

2. Competent state agencies are responsible for settling investors' problems and recommendations in accordance with law.

3. Investors have the right to complain, denounce and initiate lawsuits in accordance with the law on complaints and denunciations; initiate an administrative lawsuit in accordance with the administrative procedure law when there are grounds to believe that an administrative decision or act is illegal and infringes upon their legitimate rights and interests.

4. In case of problems, petitions, complaints, denunciations or lawsuits that are likely to arise into international investment disputes, the competent state agencies must promptly notify in writing the Ministry of Planning and Investment. and Investment, Ministry of Justice, Ministry of Foreign Affairs, to coordinate handling and prevention of disputes.

5. In case an international investment dispute arises, the coordination in dispute settlement shall comply with the Prime Minister's Decision on the regulation on cooperation in the settlement of international investment disputes.

6. The Ministry of Planning and Investment shall guide the implementation of the regime for handling, updating information and reporting on the reporting of problems and recommendations specified in Clause 1 of this Article.

Chapter II

INVESTMENT BUSINESS INDUSTRY AND BUSINESS

Section 1. INVESTMENT PROHIBITED BUSINESS LINES AND BUSINESS INVESTMENT LINES AND LINES CONDITIONS

Article 10. Sectors and trades banned from business investment

1. Investors are not allowed to conduct business investment activities in the industries and trades specified in Article 6 of the Law on Investment.

2. The production and use of products specified at Points a, b and c, Clause 1, Article 6 of the Law on Investment in analysis, testing, scientific research, healthcare, pharmaceutical production, investigation crime, defense and security protection shall do the following:

a) Narcotic substances permitted to be produced and used by a competent state agency in accordance with the Government's regulations on the list of narcotic substances and precursors and the 1961 Unified Anti-drug Convention and the Convention. United Nations 1988 on Combating Illicit Trafficking in Narcotics and Psychotropic Substances;

b) Chemicals and minerals banned under the Investment Law are allowed to be produced and used by competent state agencies according to the Government's regulations on management of chemicals under the Company's control. Convention prohibiting the development, production, stockpiling, use and destruction of chemical weapons and the Rotterdam Convention guidelines on the procedure for prior informed consent for certain hazardous chemicals and protective drugs. plants in international trade;

c) Samples of wild plants and animals banned under the Investment Law are allowed to be exploited by competent state agencies in accordance with the Government's regulations on management of endangered forest plants and animals. and the Convention on International Trade in Endangered and Endangered Species of Wild Fauna and Flora (CITES).

3. The review, proposal for amendments, supplements and assessment of the implementation of regulations on industries and trades banned from business investment as prescribed in Article 6 of the Law on Investment shall be carried out in the same order and procedures. applicable to conditional investment and business lines specified in Articles 13 and 14 of this Decree.

Article 11. Conditional lines of business investment and business investment conditions

1. Investors are entitled to conduct business in the conditional investment and business lines specified in Appendix IV of the Law on Investment from the time they fully meet the conditions and must ensure that they are satisfied during the process. business investment activities.

2. Investors who satisfy business investment conditions have the right to be granted documents in the forms specified at Points a, b, c, d, Clause 6, Article 7 of the Law on Investment (hereinafter collectively referred to as "investments") license) or is entitled to conduct business investment activities when the conditions specified at Point dd Clause 6 Article 7 of the Law on Investment are satisfied. In case of refusal to grant, extend, amend or supplement a license, the competent state agency must notify the investor in writing and clearly state the reason for the refusal.

Article 12. Review, collection and announcement of business investment conditions

1. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, reviewing and gathering business investment conditions for publication on the National Enterprise Registration Portal.

2. Business investment conditions announced under Clause 1 of this Article include the following contents:

a) Lines of investment and business subject to conditions as prescribed in Appendix IV of the Law on Investment;

b) Bases for application of business investment conditions to the industries and trades specified at Point a of this Clause;

c) Conditions that individuals and economic organizations must satisfy in order to conduct business investment activities as prescribed in Clause 2, Article 11 of this Decree.

3. In case of any change in business investment conditions as prescribed in laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, Government decrees and international treaties on investment, the contents specified in Clause 2 of this Article shall be updated according to the following procedures:

a) Within 05 working days from the date the laws, ordinances, decrees are promulgated or an international treaty on investment is signed, the ministry or ministerial-level agency shall send a document to the Ministry of Planning and Investment. request to update business investment conditions on the National Business Registration Portal;

b) Within 03 working days from the date of receipt of the request from the ministry, ministerial-level agency, the Ministry of Planning and Investment to update the business investment conditions or update the changes in investment conditions. doing business on the National Portal on business registration.

Article 13. Proposal to amend and supplement conditional business investment lines and business investment conditions

1. Based on socio-economic development conditions, requirements for state management in each period and international treaties on investment, ministries and ministerial-level agencies shall submit proposals to the Government for amendments and supplements to the sector. , conditional business investment profession or business investment conditions.

2. The proposal for amendment and supplementation of conditional business lines or lines of investment or business investment conditions shall be made in the request for formulation of legal documents in accordance with the Law on Promulgation of Documents. legislation, including the following:

a) Lines of business investment with conditions or conditions for business investment are expected to be amended or supplemented;

b) Analyze the necessity and purpose of amending and supplementing conditional investment and business lines or business investment conditions in accordance with the provisions of Clause 1, Article 7 of the Law on Investment;

c) Bases for amending and supplementing conditional business investment lines or trades or business investment conditions and subjects to be complied with;

d) Assess the reasonableness and feasibility of amending and supplementing conditional investment and business lines or business investment conditions and the conformity with international treaties on investment;

dd) Assess the impact of the modification or supplementation of conditional business lines or lines of business investment or business investment conditions on the state management and business investment activities of the subjects subject to the following conditions: follow.

Article 14. Review and assessment of the implementation of regulations on conditional investment and business lines

1. Annually and at the request of their management, ministries and ministerial-level agencies are responsible for reviewing and evaluating the implementation of regulations on conditional investment and business lines and investment conditions. business within the scope of its management functions.

2. Contents of review and assessment include:

a) Assessment of the implementation of the provisions of the law on conditional investment and business lines and conditions for investment and business under the management functions of ministries and ministerial-level agencies effective until the date of issuance. review and evaluation points;

b) Evaluation of the effectiveness and efficiency of implementation of regulations on conditional business investment lines and conditions and business investment conditions; problems arising in the implementation process;

c) Assessment of changes in socio-economic, technical and technological conditions, requirements for management of industries and fields and other conditions affecting the implementation of regulations on investment and business lines. conditions and conditions for business investment (if any);

d) Propose amendments and supplements to regulations on conditional business investment lines and conditions and business investment conditions (if any).

3. Ministries and ministerial-level agencies shall send proposals according to the contents specified in Clause 2 of this Article to the Ministry of Planning and Investment for summarizing and reporting to the Prime Minister.

Section 2. SECTORS, LINES AND MARKET ACCESS CONDITIONS FOR FOREIGN INVESTORS

Article 15. Sectors and trades restricted from market access for foreign investors

1. Sectors and trades with restrictions on market access for foreign investors and restrictions on market access for such industries and trades are prescribed in laws and resolutions of the National Assembly, ordinances and resolutions. of the National Assembly Standing Committee, Government decrees and international treaties on investment. The list of industries and trades with restricted market access for foreign investors is published in Appendix I of this Decree.

2. Market access conditions for foreign investors shall be applied in the forms specified in Clause 3, Article 9 of the Law on Investment and posted and updated according to the provisions of Article 18 of this Decree.

3. In addition to the market access conditions for the industries and trades specified in Clauses 1 and 2 of this Article, foreign investors and foreign-invested economic organizations when conducting business investment activities Businesses in Vietnam must satisfy the following conditions (if any):

a) Use of land and labor; natural resources, minerals;

b) Producing and supplying public goods or services or goods and services that are exclusively state-owned;

c) Owning and trading in houses and real estate;

d) Applying forms of support and subsidies of the State to a number of branches and fields or developing regions or territories;

dd) Participating in programs and plans for the equitization of state-owned enterprises;

e) Other conditions as prescribed in laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, decrees of the Government and international treaties on investment that do not allow allow or restrict market access for foreign-invested economic organizations.

Article 16. Subjects of application of the List of industries and trades restricted from market access

1. The list of industries and trades with restricted market access applies to:

a) Foreign investors as prescribed in Clause 19, Article 3 of the Law on Investment;

b) The economic organization specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment when investing in the establishment of other economic organizations; make capital contribution, purchase shares, purchase capital contribution portion of other economic organizations; investment in the form of BCC contract.

(In this Section, the subjects specified at Points a and b of this Clause, hereinafter collectively referred to as foreign investors, unless otherwise provided for by this Decree).

2. For business investment activities carried out in Vietnam, investors who are Vietnamese citizens and hold foreign citizenship are entitled to choose to apply market access conditions and investment procedures as follows: regulations applicable to domestic or foreign investors. In case of choosing to apply market access conditions and investment procedures as prescribed for domestic investors, investors who are Vietnamese citizens and have foreign nationality are not entitled to exercise their rights. and regulatory obligations for foreign investors.

Article 17. Principles of application of restrictions on market access for foreign investors

1. Except for the industries and trades on the List of industries and trades with restricted market access for foreign investors specified in Appendix I of this Decree, foreign investors are entitled to market access as prescribed. for domestic investors.

2. Foreign investors are not allowed to invest in industries and trades that have not yet been able to access the market as prescribed in Section A, Appendix I of this Decree.

3. For industries and trades with conditional market access for foreign investors as prescribed in Section B, Appendix I of this Decree, foreign investors must satisfy the conditions for market access. Schools are posted according to the provisions of Article 18 of this Decree.

4. Market access conditions for industries and trades that Vietnam has not yet committed to market access to for foreign investors are applied as follows:

a) Where laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, decrees of the Government (hereinafter referred to as Vietnamese law) do not contain provisions restricting access to market for that industry, foreign investors are entitled to access the market as prescribed for domestic investors;

b) Where the Vietnamese law already contains provisions on restricting foreign investors' market access for such industries or trades, the provisions of Vietnamese law shall apply.

5. Where laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly's Standing Committee, and decrees of the Government are promulgated (hereinafter referred to as newly promulgated documents) containing provisions on foreign investors' market access conditions for industries and trades that Vietnam has not yet committed as prescribed in Clause 4 of this Article, such conditions shall apply as follows:

a) Foreign investors that have applied the market access conditions specified in Clause 4 of this Article before the effective date of the new document are issued may continue to conduct investment activities under those conditions. In case of establishment of a new economic organization, implementation of a new investment project, receipt of an investment project transfer, capital contribution investment, purchase of shares, purchase of contributed capital of another economic organization, investment in the form of Contract forms or adjustments or supplements to targets, industries and trades that, according to the newly promulgated documents, must satisfy market access conditions for foreign investors, must satisfy such conditions. In this case, the competent state agency shall not review the market access conditions for the industries and trades that the investor has previously approved;

b) Foreign investors carrying out investment activities after the effective date of the new document must satisfy the market access conditions for foreign investors according to the provisions of that document.

6. Foreign investors conducting investment activities in different industries and trades specified in Appendix I of this Decree must satisfy all market access conditions applicable to those industries and trades.

7. Foreign investors belonging to countries or territories that are not members of the WTO and conducting investment activities in Vietnam are entitled to the same market access conditions as those applicable to national investors. a territory that is a member of the WTO, unless otherwise provided for by Vietnamese law or an international treaty between Vietnam and that country or territory.

8. Foreign investors subject to international treaties on investment that provide for more favorable market access conditions for such investors than those of Vietnam's law may apply market access conditions under that treaty.

9. Foreign investors subject to the application of international treaties on investment with different provisions on market access conditions may choose to apply market access conditions to all foreign investors. lines of business under one of those treaties. If the investor has chosen to apply market access conditions under an international treaty on investment (including a treaty newly signed or amended or supplemented after the effective date of such treaty, that investor) subject to application), foreign investors shall exercise their rights and perform their obligations in accordance with all provisions of that treaty.

10. Restrictions on the percentage of foreign investors' ownership according to the provisions of international treaties on investment shall be applied as follows:

a) Where many foreign investors contribute capital, purchase shares or purchase capital contributions to an economic organization and are subject to one or more international treaties on investment, the total ownership ratio of the foreign investors shall be determined. all foreign investors in such economic organization must not exceed the highest ratio prescribed by an international treaty that provides for the percentage of foreign investors' ownership in an industry, specific occupations;

b) Where many foreign investors belonging to the same country or territory contribute capital, purchase shares or purchase capital contributions to an economic organization, the total ownership ratio of all such investors shall not be determined. may exceed the ownership ratio specified in an international treaty on investment applicable to such investors;

c) For public companies, securities companies, securities investment fund management companies or securities investment funds, securities investment companies in accordance with the law on securities, in case the law on securities with other regulations on foreign investors' ownership ratio, the provisions of the law on securities shall apply;

d) In case an economic organization has many lines of business and the international treaty on investment contains different provisions on the foreign investor's ownership ratio, the foreign investor's ownership ratio shall be the same. at that economic organization must not exceed the limit on the foreign ownership ratio for the industry or profession with the lowest foreign ownership restriction.

Article 18. Posting and updating market access conditions for foreign investors

1. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, reviewing and gathering market access conditions for foreign investors in the industries and trades specified in Appendix I. This Decree is to be published on the National Investment Portal.

2. Contents posted as prescribed in Clause 1 of this Article include:

a) Sectors and trades with restricted market access for foreign investors as prescribed in Appendix I of this Decree;

b) Bases for application of market access conditions to foreign investors as prescribed in Clause 1, Article 15 of this Decree;

c) Market access conditions for foreign investors as prescribed in Clause 3, Article 9 of the Law on Investment.

3. Where laws and resolutions of the National Assembly, laws, ordinances, resolutions of the National Assembly Standing Committee, Government decrees and international treaties on investment prescribe market access conditions for Foreign investors but have not been updated in the List of industries and trades with restricted market access for foreign investors and the content posted as prescribed in Clause 2 of this Article shall apply the provisions of law. , resolutions, ordinances and decrees thereof. The updating of posted contents specified in Clause 2 of this Article shall comply with the provisions of Clause 3, Article 12 of this Decree.

4. The review, collection, posting, proposal to amend, supplement and evaluate the implementation of the List of industries and trades restricted from market access for foreign investors must comply with similar regulations. corresponding to the List of conditional investment and business lines in Articles 12, 13 and 14 of this Decree.

Chapter III

INVESTMENT SUPPORT AND INVESTMENT INVESTMENT SUPPORT

Article 19. Entities entitled to investment incentives

Entities entitled to investment incentives as prescribed in Clause 2, Article 15 of the Law on Investment include:

1. Investment projects in industries or trades eligible for investment incentives or industries or trades with special investment incentives as prescribed in Appendix II of this Decree.

2. Investment projects in areas with difficult socio-economic conditions or areas with extremely difficult socio-economic conditions as prescribed in Appendix III of this Decree.

3. Investment projects with an investment capital of VND 6.000 billion or more may be eligible for investment incentives specified at Point c, Clause 2, Article 15 of the Law on Investment when fully meeting the following conditions:

a) Disburse at least VND 6.000 billion within 03 years from the date of issuance of the Investment Registration Certificate, the Decision on approval of investment policy and the investor's approval (for the investment project). not subject to the issuance of an Investment Registration Certificate) or an Investor Approval Decision (for projects not subject to the issuance of an Investment Registration Certificate);

b) Having a total turnover of at least VND 10.000 billion per year within 03 years at the latest from the year of turnover or employing 3.000 or more regular employees annually in accordance with the law on labor law. no later than 03 years from the year of revenue.

4. Investment projects eligible for investment incentives under Point d Clause 2 Article 15 of the Law on Investment include:

a) Investment projects to build social houses in accordance with the law on housing;

b) Investment projects in rural areas employing 500 or more regular employees per year on average in accordance with the labor law (excluding part-time and contract workers). labor contract under 12 months);

c) Investment projects employing 30% or more of the annual average number of regular employees who are disabled people according to the provisions of the law on people with disabilities and the law on labor.

5. High-tech enterprises, science and technology enterprises, science and technology organizations; projects with technology transfer on the list of technologies encouraged for transfer; technology incubators and science and technology business incubators; Enterprises producing and providing technology, equipment, products and services to meet the requirements of environmental protection are entitled to investment incentives under the provisions of Point dd, Clause 2, Article 15 of the Law on Investment. enterprises, organizations, establishments and investment projects that satisfy the conditions prescribed by the law on science and technology; high technology; Technology transfer; environmental Protection.

6. Entities entitled to investment incentives as prescribed at Point e, Clause 2, Article 15 of the Law on Investment include:

a) The National Innovation Center is established under the Prime Minister's decision;

b) Other innovation centers set up by agencies, organizations and individuals to support the implementation of innovative start-up investment projects, the establishment of innovative enterprises, and the implementation of activities to promote innovation. innovation, research and development at the center satisfying the conditions specified in Clause 7 of this Article;

c) Innovative start-up investment projects specified in Clause 8 of this Article;

d) Project to establish research and development center.

7. Innovation centers specified at Point b, Clause 6 of this Article are entitled to investment incentives when meeting the following conditions:

a) Having the function of supporting, developing and connecting innovative businesses with the startup and innovation ecosystem;

b) There are a number of technical infrastructure items to support, develop and connect the startup and innovation ecosystem, including: laboratories, testing production rooms and technology commercialization, supporting enterprises to develop sample products; infrastructure for installation of technical equipment to ensure the provision of one or more activities for enterprises to design, test, measure, analyze, inspect and verify products, goods and materials; having information technology infrastructure to support businesses and space for organizing events, displaying and demonstrating innovative technologies and products;

c) Having a professional management team to provide support, development and connection services for businesses operating in the center; has a network of experts and provides business support, development and networking services.

8. Innovative start-up investment project as prescribed at Point c, Clause 6 of this Article, one of the following projects:

a) Producing products formed from inventions, utility solutions, industrial designs, design and layout of semiconductor integrated circuits, computer software, mobile phone applications, and cloud computing; production of new livestock strains and breeds, new plant varieties, new aquatic varieties, new forestry plant varieties; technical progress has been granted a protection title in accordance with the law on intellectual property and copyright or has been recognized for international registration under the provisions of an international treaty to which Vietnam is a contracting party or has signed. recognized by a competent state agency;

b) Producing products created from pilot production projects, sample products and perfecting technology; produce products that win prizes at national startup and innovation competitions, science and technology awards in accordance with the law on science and technology awards;

c) Projects of enterprises operating in innovation centers, research and development centers;

d) Producing cultural industrial products formed from copyright or copyright-related rights that have been granted protection titles in accordance with the law on intellectual property or recognized for international registration. under the provisions of international treaties to which Vietnam is a signatory.

9. The product distribution chain of small and medium-sized enterprises entitled to investment incentives as prescribed at Point g, Clause 2, Article 15 of the Law on Investment is a network of intermediaries that distribute products of small and medium-sized enterprises. to consumers and satisfy the following conditions:

a) At least 80% of participating enterprises are small and medium enterprises;

b) There are at least 10 places to distribute goods to consumers;

c) At least 50% of the chain's revenue is generated by the small and medium enterprises participating in the chain.

10. Small and medium-sized business incubators; technical facilities to support small and medium enterprises; a co-working area to support small and medium-sized enterprises to start up and enjoy investment incentives under the provisions of Point g, Clause 2, Article 15 of the Law on Investment is a facility established in accordance with the law on business support. small and medium.

Article 20. Principles of application of investment incentives

1. Investment projects specified in Clause 3, Article 19 of this Decree are entitled to investment incentives similar to those applicable to investment projects in geographical areas with extremely difficult socio-economic conditions.

2. Investment projects in rural areas employing 500 or more employees and projects employing persons with disabilities specified at Points b and c, Clause 4, Article 19 of this Decree are entitled to investment incentives. as prescribed for investment projects in areas with difficult socio-economic conditions.

3. Investment projects in sectors and trades eligible for investment incentives implemented in areas with difficult socio-economic conditions are entitled to investment incentives as prescribed for investment projects in conditional geographical areas. especially difficult socio-economic difficulties.

4. Specific incentives for investment projects specified in Clauses 1, 2 and 3 of this Article shall be applied in accordance with the law on tax, accounting and land.

5. For an investment project that meets the conditions for enjoying different levels of investment incentives for the same period of time, the investor may choose to apply the highest incentive level.

6. Special investment incentives and support for investment projects specified in Clause 2, Article 20 of the Law on Investment shall be applied as follows:

a) Incentives and time limit for application of special incentives on corporate income tax, land rent and water surface rent comply with the provisions of the Law on Corporate Income Tax and the law on land;

b) Special investment incentives and support are applied to the National Innovation Center established by decision of the Prime Minister and all affiliated establishments located outside the Center's head office;

c) The investor who proposes to apply special investment incentives must commit to meet the conditions on the investment industry and trade, the total registered investment capital, the disbursed capital, and the time limit for disbursement specified in the relevant regulations. Points a and b, Clause 2, Article 20 of the Law on Investment and other conditions specified in the investment registration certificate, decision on approval of investment policies or a written agreement with a competent state agency under the decision. decision of the Prime Minister;

d) The Prime Minister shall decide on the level and duration of special investment incentives according to the criteria of high technology, technology transfer, Vietnamese enterprises participating in the chain, and the value of domestic production for projects in the country. investment projects specified in Clause 2, Article 20 of the Law on Investment.

7. Investment incentives in case of division, separation, consolidation, merger or transformation of economic organizations (hereinafter collectively referred to as re-organization of economic organizations); division, separation, merger and transfer of investment projects shall be applied as follows:

a) An economic organization formed on the basis of a reorganization of an economic organization or an investor receiving an investment project transfer may inherit the investment incentives applicable to the investment project (if any). before reorganizing or receiving transfer if the conditions for enjoying investment incentives are still satisfied;

b) Investment projects formed on the basis of division or separation of projects that satisfy the conditions for enjoying any level of investment incentives shall be entitled to that level of investment incentives for the remaining duration of the project's incentive enjoyment before seperate;

c) Investment projects formed on the basis of project merger may continue to apply investment incentives according to the conditions for enjoying incentives of each project before the merger if the conditions are still satisfied. In case the merged project meets different conditions for enjoying investment incentives, the investor shall be entitled to investment incentives according to each of those different conditions for the remaining period of enjoyment of incentives.

8. In case an industrial park or export processing zone has been established under the Government's regulations and is removed from the planning by a competent authority or approved for conversion to another use purpose or construction investment project. If the construction and business of infrastructure of industrial parks and export processing zones cease to operate in accordance with the law on investment, investment projects implemented in industrial parks and export processing zones may continue to enjoy incentives. investment in accordance with the provisions of the Investment License, Business License, Certificate of Investment Incentives, Investment Certificate, Certificate of Investment Registration, Decision on Investment Policy, Decision on Investment investment policy agreement or another document of a competent state agency that provides for investment incentives (if any of those documents are available) or according to the provisions of law in effect at the time of investment. investment in industrial parks, export processing zones (in case such papers are not available).

Article 21. Determination of areas eligible for investment incentives in case of change of administrative boundaries

1. In case a new administrative unit is established under the Resolution of the Standing Committee of the National Assembly or the Government on adjustment of administrative boundaries (dividing, splitting, upgrading the old administrative unit which is currently in the preferential geographical area). investment) due to the arrangement and adjustment of boundaries of commune-level administrative units belonging to areas with different socio-economic conditions but not yet defined as areas eligible for investment incentives, the following shall be applied: :

a) The newly established administrative unit is determined to be an area eligible for investment incentives calculated by the majority of the number of commune-level administrative units currently enjoying;

b) In case the number of commune-level administrative units in areas with extremely difficult socio-economic conditions and areas with difficult socio-economic conditions are equal, new administrative units may be established. identified as an area with extremely difficult socio-economic conditions;

c) In case the number of commune-level administrative units in an area with difficult socio-economic conditions and an area that is not in an area eligible for investment incentives are equal, the newly established administrative unit shall be identified as the administrative division. tables with difficult socio-economic conditions;

d) In case the number of commune-level administrative units in an area with extremely difficult socio-economic conditions and an area that is not in an area eligible for investment incentives is the same, the newly established administrative unit shall be determined as follows: especially difficult socio-economic conditions

2. When adjusting the administrative boundaries, the adjusted commune-level unit is entitled to investment incentives applicable to the district-level area where such administrative unit is received.

Article 22. Adjustment of investment incentives

1. Investment projects currently enjoying investment incentives and satisfying additional conditions for enjoying higher incentives or enjoying additional incentives in the form of new incentives will enjoy higher incentives or additional benefits. incentives in the form of new incentives for the remaining promotional period.

2. Investors are not entitled to incentives as prescribed in the Investment Registration Certificate, Decision on approval of investment policies or incentives determined by the investor in case the investment project does not meet the requirements. conditions for enjoying investment incentives specified in the Certificate of Investment Registration, Decision on Approval of Investment Policy, Decision on Approval of Investment Policy concurrently with Investor Approval, Decision on Investor Approval investors or do not meet the conditions for enjoying investment incentives determined by themselves. In case the investment project satisfies the conditions for enjoying other investment incentives, the investor shall be entitled to incentives according to such conditions.

3. During the incentive period, if the investment project does not satisfy the conditions for enjoying investment incentives for a period of time, the investor is not entitled to investment incentives for the time when the conditions for enjoying incentives are not satisfied. investment.

Article 23. Procedures for application of investment incentives

1. Decision on approval of investment policy, Certificate of investment registration, Decision on approval of investor specifying the form, basis and conditions for application of investment incentives as prescribed in Articles 15 and 16. 19 of the Investment Law and Article XNUMX of this Decree.

2. Based on the content of investment incentives in the Decision approving the investment policy, the Certificate of investment registration, the decision on approval of the investor, the investor shall carry out the procedures for enjoying investment incentives at the agency. The agency applies investment incentives corresponding to each type of incentive.

3. Bases for application of investment incentives to a number of enterprises and investment projects specified in Clause 5, Article 19 of this Decree include:

a) For science and technology enterprises, it is the Certificate of science and technology enterprise;

b) For agricultural enterprises applying high technology, it is the Certificate of agricultural enterprise applying high technology;

c) For hi-tech application projects, it is the certificate of high-tech application projects;

d) For supporting industry projects, it is the Certificate of incentives for production of supporting industry products;

dd) For projects involving technology transfer on the List of technologies encouraged for transfer, it is the Certificate of technology transfer encouraged for transfer according to the Prime Minister's regulations.

4. For investment projects that do not fall into the cases specified in Clauses 2 and 3 of this Article, investors shall base themselves on the beneficiaries of investment incentives specified in Article 19 of this Decree and the provisions of law. related to self-determination of investment incentives and carry out procedures for enjoying investment incentives at agencies applying investment incentives corresponding to each type of incentives.

Article 24. Promulgating, amending and supplementing the List of industries and trades eligible for investment incentives and the List of geographical areas eligible for investment incentives

1. Based on socio-economic development conditions, investment attraction needs in each period and the proposal of ministries, ministerial-level agencies, provincial-level People's Committees, and the Ministry of Planning and Investment to submit to the Prime Minister for approval. The Government shall amend and supplement the List of industries and trades eligible for investment incentives and the List of geographical areas eligible for investment incentives according to the provisions of this Decree.

2. Ministries, ministerial-level agencies, People's Councils and People's Committees at all levels must not issue investment incentives and support policies contrary to the provisions of the Investment Law, this Decree and the law on investment. taxes, budgets, land and related laws.

Chapter IV

INVESTMENT PROJECT IMPLEMENTATION

Section 1. GENERAL PROVISIONS ON IMPLEMENTATION OF INVESTMENT PROJECTS

Article 25. Assurance of project implementation by investors

1. Except for the case specified at Points a, b, c and d, Clause 1, Article 43 of the Investment Law, the investor must deposit or have a guarantee from a credit institution or foreign bank branch authorized established under Vietnamese law (hereinafter collectively referred to as credit institutions) on the obligation to make a deposit to secure the performance of an investment project that is allocated or leased land by the State, or permitted to change the land use purpose by the State. .

2. In case of guaranteeing the escrow obligation, the credit institution is responsible for paying the deposit that the investor must pay in the case specified in Clause 10, Article 26 of this Decree.

3. The contract to guarantee the escrow obligation between the credit institution and the investor shall be signed and implemented in accordance with the provisions of the civil, credit, bank guarantee and relevant laws.

Article 26. Procedures for ensuring the implementation of projects by investors

1. The investor's obligation to secure the project implementation as prescribed in Clause 1, Article 25 of this Decree shall be performed on the basis of a written agreement between the investment registration authority and the investor. An agreement to secure the performance of an investment project includes the following principal contents:

a) Project name, objectives, location, scale, investment capital, implementation schedule and operation duration of the investment project as prescribed in the Decision approving the investment policy, the Decision approving the investment project. investment policy concurrently with investor approval or investment registration certificate;

b) Measures to secure the implementation of the investment project (deposit or guarantee for escrow obligations as prescribed in Clause 1, Article 25 of this Decree);

c) The amount of money as security for the implementation of the investment project is determined according to the provisions of Clauses 2, 3 and 4 of this Article;

d) Time and time limit for ensuring the implementation of the investment project as prescribed in Clauses 5, 6 and 7 of this Article;

dd) Conditions for return, adjustment and termination of the investment project performance guarantee as prescribed in Clause 9 of this Article;

e) Handling measures in the case specified in Clause 10 of this Article;

g) Other rights, obligations and responsibilities of the parties related to the contents specified at Points a, b, c, d, dd and e of this Clause;

h) Other contents as agreed between the parties but must not be contrary to the provisions of the Investment Law, this Decree and relevant laws.

2. The level of security for the performance of an investment project is calculated as a percentage of the investment capital of the investment project on the principle of partial progression as follows:

a) For the capital portion up to 300 billion VND, the security level is 3%;

b) For the capital portion of over 300 billion VND to 1.000 billion VND, the security level is 2%;

c) For the capital portion over 1.000 billion VND, the security level is 1%.

3. The project's investment capital is determined to serve as a basis for calculating the level of security for the performance of the investment project as prescribed in Clause 2 of this Article, excluding land use levy, land rent paid to the State and expenses. construction costs of works under investment projects that investors are obliged to hand over to the state for management after completion (if any). If, at the time of signing the Agreement on security for the performance of an investment project, it is not possible to determine the exact costs of construction of works handed over to the State, the investment registration agency shall base on the cost estimate of the project. The cost in the project proposal is prepared by the investor to determine the guaranteed amount for the implementation of the investment project.

4. Except for projects not eligible for investment incentives as prescribed in Clause 5, Article 15 of the Law on Investment, investors are entitled to a reduction in project performance security in the following cases:

a) A 25% reduction for investment projects in industries or trades eligible for investment incentives as prescribed in Appendix II of this Decree; investment projects in areas with difficult socio-economic conditions as prescribed in Appendix III of this Decree;

b) 50% reduction for investment projects in industries and trades with special investment incentives as prescribed in Appendix II of this Decree; investment projects in areas with extremely difficult socio-economic conditions as prescribed in Appendix III of this Decree; Investment projects in sectors and trades eligible for investment incentives shall be implemented in areas with difficult socio-economic conditions.

5. Time and duration of project security are specified as follows:

a) The investor makes a deposit or submits a guarantee certificate from a credit institution on the escrow obligation after being issued with the Decision approving the investment policy and concurrently with the investor approval or the Decision on approval of the investment policy. investors or the decision approving the auction winning result and before organizing the implementation of the compensation, support and resettlement plan approved by the competent authority (in case the investor does not make an advance payment). compensation, support, and resettlement) or before the time of issuing the decision on land allocation, land lease, permission to change the land use purpose (for the case that the investor has advanced the compensation, support support, resettlement or where the investor is selected to implement the project through an auction of land use rights and is leased land by the State and paid annual land rents);

b) The project implementation security period is counted from the time of performing the obligations specified at Point a of this Clause to the time the deposit is returned to the investor or remitted into the state budget or up to the date of termination of the guarantee.

6. For multi-stage investment projects, the deposit and refund of the deposit or the payment, adjustment or termination of the guarantee shall be applied to each stage of project implementation as prescribed in the Guarantee Agreement. undertake the project. Investors can transfer the remaining deposit or guarantee of the previous period to secure the project implementation for the next stage without necessarily returning the remaining deposit or terminating the validity of the project. guarantee of the previous period and additionally pay the difference between the deposit or guaranteed amount for the next period and the deposit or guaranteed amount of the previous period (if any).

7. In case an investor advances compensation, support and resettlement money to a competent state agency for implementation of the approved compensation, support and resettlement plan, the following procedures shall be followed:

a) In case the amount advanced is equal to or greater than the project performance security as prescribed in Clause 2 of this Article, the investor is not required to immediately pay the deposit or the guarantee certificate of the credit institution at the time of payment. Points specified at Point a, Clause 5 of this Article;

b) In case the advanced amount is lower than the project performance guarantee as prescribed in Clause 2 of this Article, the investor must pay the deposit or submit a guarantee certificate from a credit institution equal to the difference. between the amount already paid and the security level for the project implementation as prescribed in Clause 2 of this Article at the time specified at Point a, Clause 5 of this Article;

c) Investors whose deposit or guarantee certificate of credit institutions is paid in the cases specified at Points a and b of this Clause must pay the deposit to the Investment Registration Authority in accordance with regulations. in this Article when the project is behind schedule as prescribed in the Decision on Approval of Investment Policy, Decision on Approval of Investment Policy and concurrently with Investor Approval or Investment Registration Certificate.

8. Project implementation security shall be deposited into the account of the investment registration authority opened at a commercial bank established in accordance with the laws of Vietnam, selected by the investor; The investor bears the costs related to opening and maintaining the project performance security account and performing transactions related to the account. In case of implementation of many projects, a project performance guarantee agreement must be signed with the same investment registration agency, the investor may agree with the investment registration authority on the use of the same account to receive money to secure project performance obligations for projects implemented in the areas under the management of that agency.

9. The return, adjustment and termination of the obligation to secure the project performance are prescribed as follows:

a) Refund 50% of the deposit or reduce 50% of the guarantee at the time the investor has been granted a decision on land allocation, land lease or permission to change the use purpose by a competent state agency. land and obtain permits or other approvals from competent state agencies to carry out construction activities (if any);

b) Refund the remaining deposit and interest arising from the deposit (if any) or terminate the validity of the guarantee for escrow obligations at the time the investor has completed the acceptance of the works. construct;

c) In case the investment capital of the project is reduced, the investor shall be refunded the deposit corresponding to the reduced investment capital according to the provisions of the Decision approving the adjustment of investment policies, the Certificate of registration of the investment policy. adjusted investment;

d) In case of adjustment to increase the investment capital of the project, the investor shall additionally pay the deposit amount or supplement the escrow guarantee of a credit institution corresponding to the increased investment capital as prescribed in Decision No. approve the adjustment of investment policy, and the adjusted investment registration certificate. In case 50% of the deposit paid before adjustment has been refunded, the investor only has to pay an amount equal to 50% of the additional deposit payable;

dd) In case the investment project cannot continue to be implemented due to force majeure or due to the implementation of administrative procedures by a competent state agency or because the project must be adjusted at the request of the competent authority. In case the planning is changed by the competent state, the investor is considered to refund the amount of money to secure the project performance obligation or terminate the obligation to secure the project performance.

e) Domestic investors who have been approved for investment policies and are not eligible for an Investment Registration Certificate. If the adjusted content changes the contents of the project implementation guarantee agreement, the investor shall send a written notice to the investment registration authority before adjusting the investment project. The investment registration agency and the investor shall adjust the project performance guarantee agreement in accordance with the adjusted contents of the investment project.

10. The unreimbursed project implementation security amount shall be remitted into the state budget in accordance with law in the following cases:

a) The project is behind schedule to be put into operation and put into operation according to the provisions of the Decision approving the investment policy, the Certificate of investment registration without permission from the competent state agency to adjust the progress; level in accordance with the provisions of the Investment Law and this Decree;

b) The project is terminated under the provisions of Clause 2, Article 48 of the Law on Investment, except for the case specified at Point a, Clause 2, Article 47 of the Law on Investment.

11. In case the deposit obligation is guaranteed by a credit institution, upon the expiry of the guarantee period, the investor does not extend the validity of the guarantee and has no opinion of the investment registration authority on the termination of the guarantee. When the guarantee expires, the credit institution must transfer the guarantee amount to the investment registration agency's account to continue to deposit the investor's project performance security deposit.

Article 27. Operational duration of investment projects

1. The operation duration of an investment project as prescribed in Clauses 1 and 2, Article 44 of the Law on Investment is counted from the date on which the investor is issued with a Decision on Investor Approval, Decision on Approval of Investment Policy concurrently with investor approval or initial investment registration certificate. For investment projects that are allocated, leased or changed land use purpose by the State, the project's operation term is counted from the date on which the investor is granted a decision on land allocation, land lease or decision. change the purpose of land use. In case the investor has already issued a decision on land allocation, land lease, or land use purpose change but is late to hand over the land, the operation term of the investment project shall be counted from the date of handing over the land above. Field.

2. During the implementation of an investment project, the investor may increase or decrease the operation duration of the investment project. The operating term of an investment project after adjustment must not exceed the time limit specified in Clauses 1 and 2, Article 44 of the Law on Investment.

3. Based on the objectives, scale, location and operation requirements of the investment project, the agency competent to approve the investment policy and the investment registration authority shall consider and decide the operation duration. , adjust the operation term of the investment project according to the corresponding provisions in Clauses 1 and 2 of this Article.

4. Except for the cases specified at Points a and b, Clause 4, Article 44 of the Law on Investment, the investor wishing to continue implementing the investment project upon the expiration of the operation term is approved by a competent authority. investment policy, the investment registration agency considers and decides to extend the operation term of that project if the following conditions are satisfied:

a) Conform to national planning, regional planning, provincial planning, urban planning and special administrative-economic unit planning (if any); consistent with urban development objectives and orientations, housing development programs and plans (for investment projects on construction of houses and urban areas);

b) Satisfy the conditions for land allocation or land lease according to the provisions of the land law (in case of request for extension of land use).

5. The operation extension period for investment projects specified in Clause 4 of this Article shall be considered on the basis of the project's objectives, scale, location and operational requirements and must not exceed the maximum duration. specified in Clauses 1 and 2, Article 44 of the Law on Investment.

6. In case the investment project meets the conditions for extension of operation specified at Point b, Clause 4 of this Article but fails to satisfy the conditions specified at Point a, Clause 4 of this Article, the competent authority shall approve the policy. investment, the investment registration authority shall consider extending the operation term of the investment project year by year until the district-level annual land use plan is issued in accordance with the land law. Investors only carry out procedures to extend the project's operation term for the first year of extension.

7. The determination of the operation term of an investment project with a commitment to transfer without compensation of the investor's assets to the State of Vietnam or the Vietnamese Party after the expiry of the operation term shall comply with regulations. in Clause 3, Article 124 of this Decree.

8. The determination of land financial obligations to the State in case of adjustment or extension of operation duration of an investment project shall comply with the provisions of the law on land and relevant laws. .

9. Procedures for adjustment and extension of operation duration of investment projects shall comply with the provisions of Article 55 of this Decree.

10. Investment projects using outdated technology, potentially causing environmental pollution, resource-intensive, cannot be adjusted or extended for operation duration as prescribed at Point a, Clause 4, Article 44 of the Law Investment includes:

a) Projects using technological lines when their operation fails to meet the provisions of the National Technical Regulations on safety, energy saving and environmental protection; or the capacity (calculated by the number of products produced by the technological line in a unit of time) or the efficiency of the remaining technology line is less than 85% of the designed capacity or efficiency; or the consumption of raw materials, materials and energy exceeds 15% compared to the design.

In case there is no national technical regulation on safety, energy saving and environmental protection related to the project's technological chain, the technical criteria of Vietnam's national standards or the national standards of Vietnam shall apply. national standards of one of the G7 countries, Korea on safety, energy saving and environmental protection;

b) Projects using machinery and equipment for production with commodity codes (HS codes) of Chapters 84 and 85 of the List of Vietnam's import and export goods whose age exceeds 10 years or when they are in operation. does not meet the provisions of the National Technical Regulations on safety, energy saving and environmental protection. In case there is no national technical regulation on safety, energy saving and environmental protection related to the project's machinery and equipment, the technical criteria according to Vietnam's national standards or the national standards of Vietnam shall apply. national standards of one of the G7 countries, Korea on safety, energy saving, environmental protection.

The Ministry of Science and Technology guides the identification of machinery and equipment in some fields that are older than 10 years but are not of outdated technology, potentially causing environmental pollution and resource-intensive.

11. The determination of an investment project using outdated technology, potentially causing environmental pollution and resource-intensive according to the provisions of Clause 10 of this Article is done as follows:

a) The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with relevant agencies in, organizing the determination of technology of investment projects under the competence of the National Assembly or the Prime Minister to approve investment policies;

b) The specialized agency in science and technology affiliated to the People's Committee of the province shall assume the prime responsibility for, and coordinate with relevant agencies in, organizing the determination of the technology of the investment project that does not fall into the cases specified at Point a. this clause;

c) Funding for implementation shall be allocated from the state budget. In case the investment project is extended for operation duration, the entire implementation cost shall be paid by the investor;

d) Dossiers, order and procedures for determining investment projects using outdated technology, potentially causing environmental pollution, and using resources shall comply with the Prime Minister's regulations.

Article 28. Determination of investment capital value; valuation of investment capital; inspection of machinery, equipment and technological lines

1. The registered capital for implementation of an investment project is determined on the basis of:

a) Capital contributed by investors in cash, machinery, equipment, value of intellectual property rights, technology, technical know-how, value of land use rights and other assets according to civil law, international treaties on investment;

b) Capital mobilized to implement investment projects;

c) Remaining profits of investors for reinvestment (if any).

2. Realized investment capital of an investment project is determined on the basis of capital contributed and mobilized by the investor and retained profits for re-investment in the course of project implementation. Investors determine by themselves the value of realized investment capital of an investment project after the project is put into operation.

3. Independent assessment of the value of investment capital, quality and value of machinery, equipment and technological lines after the investment project is put into operation according to the provisions of Clause 3 of this Article 45 of the Investment Law shall be implemented in the following cases:

a) The state management agency in charge of investment, the tax administration agency has grounds to determine that the investor has not made truthful, accurate and complete tax declarations on the value of investment capital in accordance with the law on investment; tax and tax administration;

b) State management agencies in charge of investment, state management agencies in charge of science and technology have grounds to determine that investors show signs of violations in technology application or transfer during the implementation process. investment projects in accordance with the law on technology transfer.

4. For the case specified at Point a, Clause 3 of this Article, the tax authority shall conduct the assessment to determine the payable tax amount of the investor; the hiring of an independent assessment organization to assess the value of the project's investment capital is performed by the state management agency in charge of investment.

5. For the case specified at Point b, Clause 3 of this Article:

a) The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with relevant agencies in, organizing the assessment of the quality and value of machinery, equipment and technological lines for projects falling under its authority to approve the policy; investment by the National Assembly and the Prime Minister;

b) The specialized agency for science and technology under the People's Committee of the province shall assume the prime responsibility for, and coordinate with relevant agencies in, organizing the assessment of the quality and value of machinery, equipment and technological lines. for projects other than those specified at Point a of this Clause;

c) The assessment of the quality and value of machinery, equipment, and technological lines is carried out through consultations with the Science and Technology Advisory Council, organizations, and independent machinery assessment experts. equipment and technological lines used in the implementation of investment projects;

d) Dossier, order and procedures for assessment of machinery, equipment and technological lines comply with the Prime Minister's regulations.

6. Expenses for organization of assessment as prescribed in Clauses 4 and 5 of this Article shall be allocated from the state budget. In case the assessment results lead to an increase in tax obligations to the State, the investor must bear the assessment costs.

Section 2. APPROVAL OF INVESTMENT POLICY AND INVESTOR SELECTION

Article 29. Approval of investment policies and selection of investors

1. Agencies competent to approve investment policies are specified in Articles 30, 31 and 32 of the Law on Investment (hereinafter referred to as agencies approving investment policies). In case an investment project has objectives and contents falling under the investment policy approval competence of different investment policy-approving agencies, the highest competent authority shall approve investment policies for the investment policy-approving agency. whole project.

2. For investment projects subject to approval of investment policies specified in Articles 30, 31 and 32 of the Law on Investment, the agency approving investment policies shall consider and approve the investment policies and decide. The form of investor selection to implement the project is as follows:

a) Auction of land use rights in case of land allocation or land lease for the implementation of an investment project subject to an auction of land use rights in accordance with the law on land and the land area intended for implementation of the project; The investment project has been cleared. In this case, the agency approving the investment policy shall assign a competent state agency to organize an auction of land use rights in accordance with the land law to select an investor to implement the project;

b) Bidding for investor selection, for investment projects falling into the case of bidding for investor selection according to the provisions of law on bidding, law on socialization, specialized law and failing to satisfy conditions for auction of land use rights as prescribed at Point a of this Clause. The investment policy-approving agency assigns a competent state agency to organize bidding to select an investor to implement the project in accordance with the law on bidding. The decision approving the investment policy is concurrently the decision approving the list of investment projects in accordance with the law on bidding;

c) For investment projects specified in Clause 4, Article 29 of the Law on Investment and projects not falling into the cases specified at Points a and b of this Clause, the investment policy-approving agency shall consider approving them. The investment policy is concurrently with the approval of the investor to implement the project without going through an auction of land use rights or bidding to select an investor according to the provisions of Clause 5 of this Article.

3. The investor's approval as prescribed in Clause 3, Article 29 of the Law on Investment shall be carried out as follows:

a) Having held an auction of land use rights but only one investor registered to participate or held the auction unsuccessfully at least 02 times in accordance with the law on land;

b) The list of projects has been posted in accordance with the law on bidding but only one investor registers and meets the preliminary requirements for capacity and experience, or many investors register but only an investor who meets the preliminary requirements for capacity and experience in accordance with the law on bidding;

c) State agencies competent to organize auctions and bidding shall consider the satisfaction of the conditions specified at Points a and b of this Clause and notify in writing the investment registration agency. and investors (if any) to carry out procedures for investor approval as prescribed in Clauses 1, 2 and 3, Article 30 of this Decree.

4. Investors selected under the provisions of Points a and b, Clause 2 of this Article shall implement the project as follows:

a) The competent authority shall decide to approve the auction winning result or approve the investor selection result in accordance with the law on land and bidding. The decision approving the winning bid result or the decision approving the investor selection result shall be sent to the investment policy-approving agency, investment registration agency and investor;

b) The investor who wins the auction or the bid shall carry out the procedures for land allocation or land lease in accordance with the law on land, bidding, and implement the investment project as prescribed in the Decision on approval. investment policy, decision approving auction winning result or decision approving investor selection result.

5. For investment projects specified at Point c, Clause 2 of this Article, the investment policy-approving agency shall consider approving the investment policy at the same time as approving the investor's disapproval of the auction of the right to use the property. land use, bidding for investor selection in the following cases:

a) Investor with land use right means an investor that is using land because it has been allocated, leased, or recognized by the State, or has received the right to use land in accordance with the law on land. and at the time of submitting the application for approval of the investment policy, the land area currently being used by the investor is not on the list of projects that need to be recovered for national defense, security or land recovery purposes. Socio-economic development for the national and public interest has been approved by the People's Council of the province, except for cases where the land is currently being used due to an extension of the investment project's operation as prescribed in Clause 6 of this Article. 27 of this Decree;

b) The investor is permitted by a competent state agency to receive the transfer, capital contribution or lease of agricultural land use rights to implement the investment project on non-agricultural production and business in accordance with the provisions of law. land law;

c) Investors implementing investment projects in industrial parks, high-tech zones;

d) Projects other than those specified at Points a and b, Clause 2 of this Article;

dd) Other cases not subject to auction of land use rights, bidding to select investors according to the provisions of the law on land, bidding and other relevant laws.

6. Competence, dossier, order and procedures for investor approval and investment policy approval shall comply with the provisions of Articles 30, 31, 32 and 33 of this Decree.

7. In case the investment project specified at Points c, d and dd Clause 5 of this Article has two or more investors jointly submitting valid dossiers of application for implementation of the investment project at the same location in a time limit of 20 days (for projects under the authority to approve investment policies of the Prime Minister) or 15 days (for projects under the competence of approving investment policies of the provincial People's Committees) from From the date of receipt of the first valid application file, the Ministry of Planning and Investment and the investment registration agency shall carry out the following procedures:

a) Notify in writing to investors of the implementation of procedures for approval of investment policies and selection of investors as prescribed in this Clause within 25 days (for projects falling under the approving competence); Investment policy approval of the Prime Minister) or 20 days (for projects under the authority to approve investment policies of the provincial People's Committee) from the date of receipt of valid dossiers from investors. first. The Ministry of Planning and Investment, the investment registration agency will not consider and return the dossiers of other investors (if any) submitted after 20 days (for projects under the authority to approve investment policies). investment policy of the Prime Minister) or 15 days (for projects under the authority to approve investment policies of the provincial People's Committees) from the date of receipt of valid dossiers from the first investor;

b) Carry out the procedures for approval of investment policies according to the respective provisions in Article 32 or Article 33 of this Decree on the basis of submitting the investment project of the first investor. In case the first investor's investment project proposal does not satisfy the conditions specified in Clause 3, Article 33 of the Law on Investment, the procedures for approval of investment policies shall be carried out according to the principle of considering proposals in turn. export the investment project of each subsequent investor;

c) At the request of the Ministry of Planning and Investment or the investment registration agency, the agency approving the investment policy shall consider approving the investment policy and assign the competent state agency to choose to apply the law. the law on bidding to organize the selection of investors among investors who have submitted valid dossiers;

d) The selected investor shall carry out the procedures for investor approval according to the corresponding provisions in Clause 2 or Clause 4, Article 30 of this Decree.

Article 30. Procedures for investor approval

1. The only investor who has registered to participate in the auction or the investor who requests the implementation of an investment project after organizing the auction at least 02 times but fails as prescribed at Point a, Clause 3, Article 29 of Decree No. This decision is reviewed and approved according to the following procedure:

a) The investor submits 04 sets of application for investor approval to the investment registration agency, including: written request for investor approval, documents specified at Points b, c, e, g and h Clause 1 Article 33 of the Law on Investment;

b) Within 03 working days from the day on which the valid application is received, the investment registration agency shall send the dossier to the concerned state agencies for opinions on the satisfaction of requirements specified at Points a and b of this Clause. b, c and d clause 4 Article 33 of the Law on Investment. For projects that have been approved by the National Assembly or the Prime Minister with investment policies, the investment registration agency shall concurrently send a dossier to the Ministry of Planning and Investment for opinions;

c) Within 15 days from the date of receipt of the investment registration agency's request, the consulted agency shall give opinions on the contents under its state management and send it to the investment registration agency. private;

d) Within 25 days from the day on which the valid application is received as prescribed at Point a of this Clause, the investment registration authority shall make an appraisal report containing the contents specified at Points b, c and d. d Clause 4, Article 33 of the Law on Investment, to submit to the People's Committee of the province;

dd) Within 07 working days from the date of receipt of the application and appraisal report, the provincial People's Committee shall approve the investor and send the decision on investor approval to the Ministry of Planning and Investment ( for projects already approved by the National Assembly or the Prime Minister; auction organization; investment registration agency and investors.

2. Investors who satisfy the conditions specified at Point b, Clause 3, Article 29 of this Decree shall be considered for approval according to the following procedures:

a) The investor submits 04 sets of application for investor approval to the investment registration agency, including: written request for investor approval, documents specified at Points b, c, e, g and h Clause 1 Article 33 of the Law on Investment;

b) Within 03 working days from the day on which the valid application is received, the investment registration authority shall send a report on the results of preliminary assessment of capacity, experience and the dossier specified at Point a of this Clause for approval. consult relevant state agencies on the satisfaction of requirements specified at Points b, c and d, Clause 4, Article 33 of the Law on Investment. For projects that have been approved by the National Assembly or the Prime Minister with investment policies, the investment registration agency shall concurrently send a dossier to the Ministry of Planning and Investment for opinions;

c) Within 15 days from the date of receipt of the investment registration agency's request, the consulted agency shall give opinions on the contents under its state management and send it to the investment registration agency. private;

d) Within 25 days from the day on which the valid application is received as prescribed at Point a of this Clause, the investment registration agency shall make a report containing the contents specified at Points b, c and d, Clause 4. Article 33 of the Law on Investment, submitted to the People's Committee of the province;

dd) Within 07 working days from the date of receipt of the dossier and report, the People's Committee of the province shall approve the investor and send the Decision approving the investor to the Ministry of Planning and Investment (for the investor). the project has been approved by the National Assembly, the Prime Minister (investment policy) and investors.

3. Where a ministry, ministerial-level agency or government-attached agency organizes bidding, these agencies shall make a report on the results of preliminary assessment of capacity and experience and approve the investor in case the investor investment meets the requirements specified at Points b, c and d, Clause 4, Article 33 of the Law on Investment. The decision on investor approval shall be sent to the Ministry of Planning and Investment (for projects that have been approved by the National Assembly or the Prime Minister with investment policies), the investment registration agency and the investor.

4. Procedures for investor approval for investment projects implemented in economic zones specified in Clause 2, Article 32 of the Law on Investment are as follows:

a) The investor shall submit 04 sets of application for investor approval to the Management Board of the economic zone, including: a written request for investor approval; documents specified at Points b, c, e, g and h, Clause 1, Article 33 of the Law on Investment;

b) The management board of the economic zone shall send the dossier for opinions of relevant state agencies according to the respective provisions at Point b, Clause 1 and Point b, Clause 2 of this Article;

c) Within 15 days from the date of receipt of the request of the Management Board of the economic zone, the agency that is consulted shall give opinions on the contents within the scope of its state management and send it to the Management Board of the economic zone. economic;

d) The management board of the economic zone shall approve the investor within 25 days from the date of receipt of the valid dossier specified at Point a of this Clause.

Article 31. Dossiers and procedures for making and appraising the application for approval of investment policies

1. Dossier of application for approval of investment project guidelines shall be made according to the provisions of Clauses 1 or 2, Article 33 of the Law on Investment and Clauses 2 and 3 of this Article.

2. Documents and papers explaining the proposal for the form of investor selection as prescribed in Clauses 1 and 2, Article 33 of the Law on Investment, including:

a) A copy of the list of land recovery projects approved by the People's Council of the province; documents proving that the land has been cleared (if any), other explanation documents (if any) in case of proposals for investor selection through auction of land use rights as prescribed by law. land law;

b) A copy of the list of land recovery projects approved by the People's Council of the province; documents proving that the land has not been cleared (if any), other explanation documents (if any) in the case of proposals for investor selection through bidding for projects using land. In this case, the investment project proposal shall preliminarily determine the total cost of project implementation, which is determined on the basis of the total investment of the project in accordance with the law on construction, excluding costs. compensation, support and resettlement.

In case of investor selection bidding according to the provisions of the law on socialization, specialized law, documents explaining the legal grounds and conditions for applying the form of investor selection through bidding according to the provisions of law on investor selection. regulations of law on socialization, specialized law;

c) Documents proving that the project is not on the list of land recovery projects approved by the People's Council of the province; a valid copy of the land allocation decision or the land lease decision, the land use right lease contract or the land use right certificate, the certificate of house ownership and residential land use right, the certificate of land use right land use rights, ownership of houses and other land-attached assets, in case the proposal for approval of investment policies is concurrent with investor approval for investors with land use rights as prescribed in Clause 4 of this Article. Point a, Clause 29, Article XNUMX of the Law on Investment;

d) A valid copy of the document of the People's Committee of the competent level approving the transfer, receipt of capital contribution or lease of land use rights to implement the investment project and valid copies of papers and documents. another copy of the agreement on the use of the location for the implementation of an investment project in case the proposal for approval of the investment policy is concurrent with the investor's approval for the investor receiving the transfer, capital contribution, or lease of the right to use the project. use agricultural land to implement non-agricultural production and business investment projects as prescribed at Point b, Clause 4, Article 29 of the Investment Law.

3. For construction investment projects, investment project proposals include:

a) The contents specified at Point d Clause 1 or Point b Clause 2 Article 33 of the Law on Investment; explain the fulfillment of urban development goals and orientations, housing development programs and plans; the proposed division of the project into components (if any); preliminary investment divergence plan to ensure synchronization requirements; preliminary structure of housing products and land fund for social housing development; preliminary plan for investment in construction and management of urban infrastructure inside and outside the project scope, in which preliminary proposals for urban infrastructure that investors retain for business investment, urban infrastructure market that the investor is responsible for handing over or proposing to hand over to the locality for investment projects to build houses or urban areas.

For urban area projects, if the construction law provides for the preparation of a pre-feasibility study report, the investor or a competent state agency may submit or use the pre-feasibility study report instead. for the investment project proposal, in which the preliminary proposal for the part of urban infrastructure that the investor retains for business investment, the part of urban infrastructure that the investor is responsible for handing over or proposing to hand over for local;

b) Contents specified at Point d, Clause 1 or Point b, Clause 2, Article 33 of the Law on Investment, proposed division of component projects (if any) for construction investment projects that do not fall into the cases specified in Clause XNUMX of this Article. point a of this clause.

4. Competent state agencies shall compile dossiers of request for approval of investment policies for investment projects as prescribed in Clauses 1 and 2, Article 33 of the Law on Investment, including:

a) Ministries, ministerial-level agencies and provincial-level People's Committees shall organize the preparation of dossiers of application for approval of investment policies for projects falling under the competence of the National Assembly or the Prime Minister to approve investment policies;

b) The specialized agency of the People's Committee of the province; District-level People's Committees; Management boards of industrial parks, export processing zones, hi-tech zones and economic zones shall make a dossier of request for approval of investment policies for investment projects falling under the People's Committee's authority to approve investment policies. provincial level.

5. Agencies receiving dossiers of application for approval of investment policies:

a) The Ministry of Planning and Investment receives dossiers of application for approval of investment policies for investment projects falling under the competence of the National Assembly or the Prime Minister to approve investment policies;

b) The Department of Planning and Investment receives the application for approval of investment policies for investment projects falling under the authority of the People's Committee of the province outside the industrial park or export processing zone. , high-tech zones, economic zones; investment projects implemented simultaneously inside and outside industrial parks, export processing zones, high-tech zones and economic zones; investment projects in industrial parks, export processing zones, hi-tech zones, economic zones where the management board of industrial parks, export processing zones, hi-tech zones, economic zones has not been established or is not under the management Management board of industrial parks, export processing zones, high-tech zones and economic zones;

c) The Management Board of industrial parks, export processing zones, hi-tech zones and economic zones shall receive dossiers of request for approval of investment policies for investment projects falling under the investment policy approval competence of the Commission. provincial-level People's Committees in industrial parks, export processing zones, high-tech zones and economic zones.

6. Contents of appraisal of application for approval of investment policy include:

a) The contents specified in Clause 3, Article 33 of the Law on Investment;

b) Legal bases and conditions for applying the form of investor selection as prescribed in Clause 1, Article 29 of the Investment Law and Article 29 of this Decree.

7. The appraisal of the suitability of an investment project with the plannings specified at Point a, Clause 3, Article 33 of the Law on Investment is carried out as follows:

a) If the national, regional or provincial plannings have not been decided or approved in accordance with the Law on Planning, the assessment of the suitability of the investment project with those master plans shall be carried out. conducted on the basis of assessing the conformity of investment projects with the master plans as prescribed at Point c, Clause 1, Article 59 of the Law on Planning on the implementation of the master plan to be integrated into the national master plan, the national master plan. regional, provincial planning and the Government's Resolution promulgating the List of master plans to be integrated into these master plans;

b) In case the plannings are integrated into the national planning, regional planning, provincial planning as prescribed in point a of this clause, the time limit expires before the national planning, regional planning, provincial planning; is decided or approved, the time limit for such planning may be extended until the national planning, regional planning or provincial planning is decided or approved;

c) For urban planning, the appraisal content must include an assessment of the suitability of the investment project with the detailed planning (if any), zoning planning (if any); in case the detailed planning or zoning planning has not been approved by the competent authority, the conformity of the investment project with the general planning shall be assessed.

8. Contents of appraisal of application for approval of investment policy concurrently with investor approval include:

a) The contents specified in Clause 4, Article 33 of the Law on Investment;

b) Legal grounds and conditions for investor approval are as prescribed in Clause 1, Article 29 of the Investment Law and Article 29 of this Decree;

c) Evaluation of the satisfaction of conditions as prescribed by the law on construction, housing, urban development, real estate business (for investment projects on construction of houses, urban areas, business real estate).

9. The collection of opinions and responses during the appraisal of the application for approval of the investment policy shall comply with the principles specified in Clause 2, Article 6 of this Decree. If the law on construction, housing, urban development, and real estate business stipulates the agency that is entitled to receive appraisal opinions and the contents of the appraisal, the law provisions shall apply. there.

Article 32. Procedures for approval of investment policies of the Prime Minister

1. Investment projects falling under the Prime Minister's authority to approve investment policies are specified in Article 31 of the Investment Law. Other investment projects falling under the Prime Minister's authority to approve investment policies as prescribed in Clause 4, Article 31 of the Law on Investment are projects that are required by law to be submitted to the Prime Minister for approval. investment, investment decision, investment permission or other decision.

2. The investor or a competent state agency specified at Point a, Clause 4, Article 31 of this Decree shall submit 08 sets of dossiers of request for approval of investment policies as prescribed in Clause 1 or Clause 2, Article 33. of the Investment Law, Clauses 2 and 3, Article 31 of this Decree to the Ministry of Planning and Investment.

3. Within 03 working days from the day on which the valid application is received as prescribed in Clause 2 of this Article, the Ministry of Planning and Investment shall send the dossier for appraisal opinions of the concerned ministries and agencies. , The People's Committee of the province where the project is expected to be implemented regarding the contents of the investment project within the scope of its state management as prescribed in Clause 6 or Clause 8, Article 31 of this Decree.

For an investment project that proposes to change the use purpose of rice land, protection forest land, special-use forest land, change the forest use purpose, the procedures for collecting opinions are as follows:

a) For a project that proposes to change the use purpose of rice cultivation, protection forest land, and special-use forest land to other purposes, the Ministry of Planning and Investment shall seek appraisal opinions from the Ministry of Natural Resources and Environment. school, the Ministry of Agriculture and Rural Development, relevant ministries and agencies, and the People's Committee of the province where the project is expected to be implemented on the project's conformity with the land use planning approved by the state agency. approved country; remaining allocated land use norms up to the time of project proposal; current land use status (land types, land users); preliminary plan for land acquisition, compensation, support and resettlement (if any); compliance with the provisions of the law on land in case the investor is using land allocated or leased by the State for the implementation of other investment projects.

b) For a project with a proposal to change the forest use purpose, the Ministry of Planning and Investment shall seek appraisal opinions from the Ministry of Agriculture and Rural Development, the Ministry of Natural Resources and Environment, and relevant ministries and branches. The provincial-level People's Committee and the provincial People's Committee where the project is expected to be implemented on the policy of changing the forest use purpose to another purpose in accordance with the provisions of the law on forestry. If the application file for a decision on policy on conversion of forest use purposes has been prepared and appraised in accordance with the law on forestry, the Ministry of Agriculture and Rural Development shall submit it to the Prime Minister for consideration and decision. decide on a policy to change the forest use purpose to another purpose (for cases under the Prime Minister's authority), and at the same time send it to the Ministry of Planning and Investment to summarize and submit to the Prime Minister for approval of the investment policy. ; The People's Committee of the province shall submit it to the People's Council of the same level for consideration and decision on the policy of changing the forest use purpose to another purpose (for cases under the competence of the People's Council of the province), and at the same time send Ministry of Planning and Investment to summarize and submit to the Prime Minister for approval the investment policy.

4. Within 15 days from the date of receipt of the request of the Ministry of Planning and Investment, the consulted agency shall give its opinion on the contents under its state management and send it to the Ministry of Planning and Investment. and Investment.

5. Within 40 days from the date of receipt of a valid dossier as prescribed in Clause 2 of this Article, the Ministry of Planning and Investment shall organize the appraisal of the dossier and make an appraisal report containing the contents specified in Clause 6 of this Article. Clause 8 or Clause 31, Article XNUMX of this Decree submit to the Prime Minister for approval the investment policy.

For an investment project that is concurrently under the authority to approve investment policies of two or more provincial-level People's Committees and has a proposal for investor selection in the form of land use right auction or bidding, The Ministry of Planning and Investment proposes the People's Committee of a province of a province or centrally run city to preside over and coordinate with relevant agencies and localities in organizing an auction of land use rights or bidding. select investors or propose to assign a ministry, ministerial-level agency or government-attached agency to assume the prime responsibility for, and coordinate with relevant agencies and localities in, organizing bidding for investor selection.

6. Within 07 working days after receiving the appraisal report from the Ministry of Planning and Investment, the Prime Minister shall approve the investment policy.

7. Contents of the Prime Minister's decision on approval of investment policies include:

a) The investor implementing the project (for the case where the approval of the investment policy is concurrent with the investor's approval) or the form of investor selection (in the case of the investor selection for the project implementation); project in the form of auction of land use rights or bidding);

b) Project name; target; scale (preliminary structure of housing products and allocation of land fund for social housing development, preliminary plan for investment in construction, management of urban infrastructure inside and outside the project scope for investment projects). investment in construction of houses and urban areas, preliminary part of urban infrastructure that the investor retains for business investment, part of urban infrastructure that the investor hands over to the locality, for urban area projects , if any); investment capital of the project (preliminary total cost of project implementation, if any), term of operation of the project;

c) Location of the investment project;

d) Investment project implementation schedule: progress of capital contribution and mobilization of capital sources; progress of basic construction and putting the work into operation (if any); preliminary plan for investment divergence or subdivision of projects (if any); progress of each stage (for investment projects with many stages);

dd) Applied technology (if any);

e) Investment incentives, support and conditions of application (if any);

g) Other conditions for implementing the investment project (if any);

h) Responsibilities of investors and relevant agencies in the implementation of investment projects;

i) The effective date of the Decision approving the investment policy.

8. The decision approving the investment policy shall be sent to the Ministry of Planning and Investment, the investor or the competent state agency to submit the dossier specified in Clause 2 of this Article, the provincial-level People's Committee of the place where the investment policy is implemented. implementation of an investment project to organize an auction (in the case of selection of an investor to implement the project in the form of an auction of land use rights), the agency organizing the bidding to publicize the list of projects according to the provisions of the law on bidding, the law on socialization, the specialized law (for the case of selecting an investor to implement the project in the form of bidding), the investment registration agency, the ministries , agencies related to the implementation of investment projects.

Article 33. Competence, order and procedures for approving investment policies of provincial-level People's Committees

1. Investment projects falling under the jurisdiction of the People's Committees of provinces for approval of policies are specified in Article 32 of the Law on Investment.

2. Investment projects falling under the authority of the People's Committee of the province to approve the policy as prescribed at Point a, Clause 1, Article 32 of the Law on Investment include:

a) The investment project requires the State to allocate or lease land without auctioning land use rights or through bidding for investor selection;

b) An investment project that requires the State to allocate or lease land from households or individuals subject to written approval of the People's Committee of the province in accordance with the law on land;

c) The investment project requires the State to allocate or lease land that is not in the case of receiving the transfer of land use rights and land-attached assets;

d) An investment project with a request to change the land use purpose is required to have a written permission for the change of land use purpose issued by a competent state agency in accordance with the land law, except for cases where the land use purpose is changed. change the land use purpose of households and individuals that are not subject to approval of the provincial People's Committee in accordance with the provisions of the law on land.

3. Investment projects under the authority to approve policies of provincial-level People's Committees specified at Point d, Clause 1, Article 32 of the Law on Investment are projects of foreign investors or economic organizations with investment capital. Foreign investors have requested the State to allocate or lease land or permit the change of land use purposes in the islands and border communes, wards and townships; coastal communes, wards and towns; Other areas affecting national defense and security are determined according to the provisions of Clause 8 Article 2 and Point dd Clause 2 Article 98 of this Decree or opinions of the Ministry of National Defense and the Ministry of Public Security as prescribed at Point dd Clause 2 Article 98 of this Decree.

4. Procedures for approval of investment policies by provincial-level People's Committees are carried out as follows:

a) The investor or a competent state agency shall submit 04 sets of application for approval of the investment policy as prescribed in Clauses 1 or 2, Article 33 of the Law on Investment, and Clauses 2 and 3, Article 31 of the Law on Investment. This Decree to the investment registration agency;

b) Within 03 working days from the day on which the valid application is received as prescribed at Point a of this Clause, the investment registration agency shall send the application for appraisal opinions from the Departments and People's Committees of the province. the district where the project is expected to be implemented and relevant agencies regarding the contents under its state management as prescribed in Clause 6 or Clause 8 Article 31 of this Decree;

c) Within 15 days after receiving the investment registration agency's request, the consulted agency shall give its appraisal opinions on the contents under its state management and send it to the investment registration agency. investment signing;

d) Within 25 days from the day on which the valid application is received as prescribed at Point a of this Clause, the investment registration agency shall make an appraisal report including the appraisal contents as prescribed in Clause 6 or Clause 8 of this Article. 31 Article XNUMX of this Decree, submitted to the People's Committee of the province.

5. Within 07 working days from the date of receipt of the application and appraisal report, the People's Committee of the province shall consider and approve the investment policy for the project, including the contents specified in Clause 7 of this Article. 32 this Decree.

6. The decision on approval of the investment policy shall be sent to the investor or to the competent state agency that has submitted the dossier specified at Point a, Clause 4 of this Article, the agency assigned to organize the auction (for In case an investor is selected to implement a project in the form of an auction of land use rights), the bidding agency shall publicize the list of projects in accordance with the law on bidding, the law on social legalization, specialized legislation (for the case of investor selection to implement the project in the form of bidding), the investment registration agency, the departments and agencies involved in the implementation of the investment project. private.

7. For investment projects in industrial parks, export processing zones, high-tech zones and economic zones specified in Clause 2, Article 32 of the Law on Investment, the Management Board of industrial parks, export processing zones and industrial parks High-tech, economic zones carry out the procedures for approval of investment policies as follows:

a) The investor or a competent state agency specified at Point b, Clause 4, Article 31 of this Decree shall submit 04 sets of dossiers of request for approval of investment policies as prescribed in Clause 1 or Clause 2, Article 33. of the Investment Law, Clauses 2 and 3, Article 31 of this Decree to the Management Boards of industrial parks, export processing zones, hi-tech parks and economic zones;

b) Within 03 working days from the date of receipt of a valid dossier as prescribed at Point a of this Clause, the Management Board of industrial parks, export processing zones, hi-tech zones and economic zones shall send a dossier for approval. Appraisal opinions of relevant agencies on the contents under their state management as prescribed in Clause 6 or Clause 8, Article 31 of this Decree;

c) Within 15 days from the date of receipt of the request of the Management Board of industrial parks, export processing zones, hi-tech parks or economic zones, the consulted agency shall give appraisal opinions on the contents of within the scope of their state management, to the Management Board of industrial parks, export processing zones, high-tech zones and economic zones;

d) Within 25 days from the day on which the valid application is received as prescribed at Point a of this Clause, the Management Board of the industrial park, export processing zone, high-tech zone or economic zone shall make an appraisal report including: the contents specified in Clause 6 or 8 Article 31 of this Decree and the decision on approval of investment policies, including the contents specified in Clause 7 Article 32 of this Decree.

8. For investment projects implemented in economic zones subject to land use right auction, the economic zone management board shall report to the provincial-level People's Committee to assign a competent agency or unit to organize the auction. land use rights.

Section 3. PROCEDURES FOR ISSUANCE, ADJUSTMENT AND REVOLUTION OF INVESTMENT REGISTRATION CERTIFICATES

Article 34. Competence to grant, amend and revoke Investment Registration Certificates

1. The authority to grant, adjust and revoke the Investment Registration Certificate shall comply with the provisions of Article 39 of the Investment Law.

2. The Department of Planning and Investment where the investor implements the investment project, locates or plans to set up an executive office for the implementation of the investment project, issues, adjusts and revokes the Investment Registration Certificate to the investor. with the following investment projects:

a) Investment projects implemented in 02 or more provincial-level administrative units;

b) Investment projects implemented inside and outside industrial parks, export processing zones, high-tech zones and economic zones;

c) Investment projects in industrial parks, export processing zones, hi-tech parks or economic zones where the management board of industrial parks, export processing zones, hi-tech zones, economic zones has not been established or is not under the under the management of the Management Board of industrial parks, export processing zones, high-tech zones and economic zones.

3. Management boards of industrial parks, export processing zones, hi-tech zones and economic zones shall grant, adjust and revoke investment registration certificates for the following investment projects:

a) Investment projects on construction and business of infrastructure of industrial parks, export processing zones, high-tech zones and functional zones in economic zones;

b) Investment projects implemented in industrial parks, export processing zones, high-tech zones and economic zones.

Article 35. Procedures for granting and adjusting the Investment Registration Certificate for projects subject to approval of investment policies

1. Procedures for granting and adjusting the Investment Registration Certificate for an investment project whose investment policy is approved concurrently with the investor's approval and is subject to the issuance of an Investment Registration Certificate is carried out. as follows:

a) Pursuant to the decision approving the investment policy or the decision approving the adjustment of the investment policy, the investment registration authority shall issue and adjust the investment registration certificate within 05 working days from the date of issuance. the date of receipt of the decision approving the investment policy, the decision approving the adjustment of the investment policy;

b) For investment projects under the authority to approve investment policies of 02 or more provincial-level People's Committees, at the request of the Ministry of Planning and Investment, the Prime Minister shall assign the Department of Planning and Investment to Investment of a province or centrally run city where the investor implements an investment project, locates or intends to set up an executive office to execute an investment project, and issues an Investment Registration Certificate.

2. For an investment project that has been approved for investment policies and the investor has won the auction or bid; For investment projects subject to investor approval as prescribed in Clause 3, Article 29 of the Law on Investment and subject to issuance of an Investment Registration Certificate, the investor shall submit a written request for an Investment Registration Certificate. to the investment registration authority for an investment registration certificate within 05 working days from the date the investment registration authority receives the written request.

3. For investment projects in which the economic zone management board approves the investor, the economic zone management board shall decide to approve the investor concurrently with the grant of the investment registration certificate.

4. For projects not subject to the issuance of an Investment Registration Certificate, if there is a need to issue an Investment Registration Certificate, the investor shall submit a written request for issuance of the Investment Registration Certificate, a copy of which is required. valid Decision on approval of investment policy and a valid copy of Decision on approval of investor (if any) to the investment registration agency for issuance of Investment Registration Certificate within 05 working days. from the date of receipt of the written request.

Article 36. Procedures for granting and adjusting the Investment Registration Certificate for investment projects that are not subject to approval of investment policies

1. The investor shall submit 01 application for the Investment Registration Certificate, including the contents specified in Clause 1, Article 33 of the Law on Investment, to the investment registration agency. In case the investment project is implemented in 02 or more provincial-level administrative units, the investor shall submit a dossier to the Department of Planning and Investment of a province or centrally run city where the investor implements the project. invest, place or plan to set up an executive office to apply for the Investment Registration Certificate for the project.

2. For an investment project that has been operational, the investor shall submit a dossier as prescribed in Clause 1 of this Article, in which the investment project proposal is replaced by a report on the implementation of the investment project. from the time of implementation to the time of applying for the Investment Registration Certificate.

3. The investment registration authority shall issue the Investment Registration Certificate to the investor within 15 days from the date of receipt of a valid dossier when the project meets the following conditions:

a) It is not in an industry or trade prohibited from doing business as prescribed in Article 6 of the Law on Investment and an international treaty on investment;

b) Having the location of the investment project determined on the basis of a valid copy of the land use right document or a valid copy of the location lease agreement or other document or document defining the land use right. location for implementation of investment projects;

c) The investment project conforms to the plannings prescribed in Clause 7 Article 31 of this Decree;

d) Satisfy the conditions on investment rate on a land area prescribed by the provincial People's Committee based on the actual conditions of the locality and approved by the Standing Committee of the Provincial People's Council (if any); the number of employees employed (if any);

d) Satisfying the market access conditions for foreign investors.

4. Procedures for adjusting the Investment Registration Certificate for projects not subject to approval of investment policies shall comply with Article 47 of this Decree.

Article 37. Investment project code

1. Investment project code is a series of numbers automatically generated by the National Investment Information System and recorded in the Investment Registration Certificate. Each investment project is assigned a unique code, which exists during the project's operation and expires when the project terminates its operation.

2. For investment projects implemented under the Investment Certificate, Investment License or other equivalent documents, the investment project code is the number of the Investment Certificate, the number of the Investment License. investment or other equivalent papers issued for the investment project.

3. Competent state agencies uniformly use investment project codes to manage and exchange information about investment projects.

Article 38. Implementation of investment procedures on the National Investment Information System

1. Before carrying out the procedures for granting and adjusting the Investment Registration Certificate, the investor shall declare online information about the investment project on the National Investment Information System. Within 15 days from the date of online declaration, the investor shall submit the application for issuance and adjustment of the Investment Registration Certificate to the investment registration agency. After 15 days from the date of online declaration, if the investment registration agency does not receive the dossier, the online declaration dossier is no longer valid.

2. The investment registration authority shall use the National Investment Information System to receive, process and return the results of the implementation of investment procedures, update the application processing status and issue code numbers for the project. investment project. The investment project code takes effect when the electronic version of the Investment Registration Certificate is recorded and stored in the National Investment Information System.

3. In case the National Investment Information System fails to access, the investment registration authority shall issue the Investment Registration Certificate according to the backup process as follows:

a) The investment registration authority shall receive the application for issuance and adjustment of the Investment Registration Certificate in paper form and send a written request to the Ministry of Planning and Investment to issue a code for the investment project. Within 02 working days after receiving the written request from the investment registration agency, the Ministry of Planning and Investment shall issue the project code and notify the investment registration agency;

b) Within 05 working days from the date the Investment Registration Certificate is issued according to the contingency process, the investment registration authority shall update information about the investment project in the National Information System on Investment. investment.

Article 39. Dossier for issuance and modification of the Online Investment Registration Certificate

1. For investment projects that are not subject to approval of investment policies, investors may choose to submit a paper application for issuance and adjustment of the Investment Registration Certificate according to the provisions of Articles 36 and 47 of this Decree or submit an online application on the National Investment Information System in one of two forms: using a digital signature or without using a digital signature.

2. An application for an online investment registration certificate shall include the data specified in this Decree and be presented in an electronic document with the same legal validity as the application file. paper outline.

3. An online application is valid when it meets the following conditions:

a) There are sufficient papers and the contents are fully declared as prescribed for paper dossiers, presented in the form of electronic documents and named corresponding to the name of the type of paper;

b) The information declared on the System is complete and accurate according to the information in the paper file; authenticated by the investor's digital signature or uniformly compared with the paper documents.

4. In case the investor authorizes to carry out investment procedures, the application for issuance or adjustment of the Investment Registration Certificate must be enclosed with the authorization and legal papers of the authorized party.

Article 40. Order and procedures for granting and adjusting the Online Investment Registration Certificate on the National Investment Information System

1. Investors shall carry out the order and procedures for granting and adjusting the Investment Registration Certificate using digital signatures as follows:

a) The investor registers an account on the National Investment Information System;

b) Investors declare information and download digitally signed electronic documents on the National Investment Information System;

c) After completing the submission of the application, the investor receives a receipt of the application through the National Investment Information System;

d) In case the dossier is invalid or contains contents that need clarification, the investment registration agency shall send a notice to the investor to complete the dossier on the National Investment Information System within 05 days. working from the date of receiving the dossier;

dd) If the application is valid and conditions are met, the investment registration agency shall issue and amend the Investment Registration Certificate to the investor within 15 days from the date of receipt of the valid application.

2. Investors shall carry out the order and procedures for granting and adjusting the Investment Registration Certificate without using digital signatures as follows:

a) The investor registers an account on the National Investment Information System;

b) Investors declare information and download electronic documents on the System;

c) After completing the submission of documents, the investor receives a receipt of application through the System;

d) In case the dossier is invalid or has contents to be clarified, the investment registration agency shall send a notice to the investor to complete the dossier on the System within 05 working days from the date of receipt. file;

dd) If the application file is eligible for issuance or adjustment of the Investment Registration Certificate, the investment registration authority shall notify the investor on the System;

e) After receiving the notice as prescribed at Point dd of this Clause, the investor shall submit a set of paper documents together with a printed copy of the receipt to the investment registration agency, either directly or via postal service. electricity to compare with the file submitted on the System. Past the time limit of 30 days from the date of sending the notice of satisfaction of the conditions for issuance or adjustment of the Investment Registration Certificate, the investment registration authority has not received the investor's paper dossier for submission. the investor's electronic registration dossier is no longer valid;

g) The Investment Registration Authority shall issue and amend the Investment Registration Certificate within 15 days (excluding the time when the investor submits the paper dossier for comparison with the electronic dossier) from the date of submission of the certificate of investment registration. receive valid dossiers if the contents of comparison are consistent;

h) The Investor is responsible for the accuracy and completeness of the paper documents compared to the documents submitted on the System. In case the paper application is not consistent with the above application on the System, the investment registration agency has the right to refuse to grant or amend the Investment Registration Certificate.

Article 41. Procedures for re-issuance and correction of information on the Investment Registration Certificate

1. In case the investment registration certificate is lost or damaged, the investor shall submit a written request for re-issuance of the investment registration certificate to the investment registration authority for re-issuance within 05 days. working from the date the investment registration agency receives the written request.

2. In case the Investment Registration Certificate, which is stored as electronic data in the National Investment Information System, has different contents than the Investment Registration Certificate, the Investment Registration Certificate whose contents are correctly recorded in the investment registration dossiers have legal validity. The investment registration authority shall revise the information on the Investment Registration Certificate within 03 working days from the date of receipt of the investor's request.

3. In case the information on the Investment Registration Certificate is not accurate compared with the information registered in the application for implementation of investment procedures, the Investment Registration Authority shall correct the information on the Investment Registration Certificate. within 03 working days from the date of receiving the investor's request.

Article 42. Registration for re-submission of the Investment Registration Certificate

For an investment project that has been granted an Investment Registration Certificate but whose contents have been adjusted so that it is not required to issue an Investment Registration Certificate, the investor shall return the Investment Registration Certificate. invest in the investment registration agency (if the investor needs) and continue to implement the investment project in accordance with the law.

Section 4. ADJUSTMENT OF INVESTMENT PROJECTS

Article 43. Contents and procedures for adjusting investment projects

1. During the implementation of an investment project, the investor may adjust the project including the contents specified in Clauses 1, 2 and 3, Article 41 of the Law on Investment.

2. For a project that has been approved for investment policies, the investor shall carry out the following procedures:

a) In case the content of an investment project is adjusted according to the provisions of Clause 3, Article 41 of the Law on Investment, the investor shall carry out the procedures for adjusting the Decision on approval of investment policies according to the corresponding provisions in Articles of this Law. 44, 45 and 46 of this Decree. Pursuant to the Decision approving the adjustment of investment policies, the investor shall carry out the procedures for adjusting the Decision on approval of the investor (if any) or the Certificate of investment registration (if any);

b) When adjusting the contents of an investment project that is not in the case specified in Clause 3, Article 41 of the Law on Investment, the investor is not required to carry out the procedures for approving the adjustment of investment policy.

3. For an investment project that is not subject to approval of investment policies or a project that has been approved for investment policies but not in the cases specified in Clause 3, Article 41 of the Law on Investment, the investor shall procedures for adjustment of the Investment Registration Certificate (if any) as prescribed in Article 47 of this Decree.

4. In case the request for adjustment of an investment project is not subject to approval of investment policies, leading to an investment project subject to approval of investment policies, the investor must carry out procedures for approval of investment policies. investment as prescribed in Section 2, Chapter IV of this Decree before adjusting investment projects. In this case, the investment policy-approving agency considers the adjustment contents to approve the investment policy.

Article 44. Procedures for adjusting investment projects falling under the Prime Minister's authority to approve investment policies

1. The investor submits 08 sets of dossiers to the Ministry of Planning and Investment. Profile include:

a) A written request for adjustment of the investment project;

b) Report on the implementation of the investment project up to the time of adjustment;

c) The investor's decision on the adjustment of the investment project, for the investor being an organization;

d) Explain or provide documents related to the adjustment of the contents specified at Points b, c, d, dd, e, g and h, Clause 1, Article 33 of the Law on Investment (if any).

2. Procedures for adjusting investment projects:

a) Within 03 working days from the date of receipt of a valid dossier, the Ministry of Planning and Investment shall send the dossier to the competent state agency as prescribed in Clause 3, Article 32 of this Decree for approval. opinions on the contents of adjustment of investment projects;

b) Within 15 days from the date of receipt of valid dossiers, the agencies are entitled to give opinions on the content of project adjustment under the scope of state management of such agencies;

c) Within 35 days after receiving the valid dossier, the Ministry of Planning and Investment shall make a report on appraisal of adjustment contents of the investment project for submission to the Prime Minister;

d) Within 05 working days after receiving the appraisal report from the Ministry of Planning and Investment, the Prime Minister shall decide to approve the adjustment of investment policies. The decision approving the adjustment of investment policies shall be sent to the Ministry of Planning and Investment, the Investment Registration Authority and investors, the ministries and agencies involved in the implementation of the investment project, the relevant agencies and the relevant agencies. Investor approval (if any).

Article 45. Procedures for adjustment of investment projects falling under the competence of the People's Committees of the province to approve investment policies

1. The investor shall submit 04 sets of dossiers specified in Clause 1, Article 44 of this Decree to the Investment Registration Authority.

2. Procedures for adjusting investment projects:

a) Within 03 working days from the day on which the valid application is received, the investment registration authority shall send the dossier to the competent state agency as prescribed at Point b, Clause 4, Article 33 of this Decree. to collect opinions on the contents of adjustment of investment projects;

b) Within 15 days from the date of receipt of valid dossiers, the agencies are entitled to give opinions on the content of project adjustment under the scope of state management of such agencies;

c) Within 25 days from the day on which the valid application is received, the investment registration authority shall make a report on appraisal of the adjusted contents of the investment project to submit to the People's Committee of the province;

d) Within 07 working days from the date of receipt of the application and appraisal report from the Investment Registration Authority, the People's Committee of the province shall decide to approve the adjustment of the investment policy. The decision approving the adjustment of investment policy shall be sent to the Investment Registration Authority and the investor, the Investor Approval Agency in case of investor approval as prescribed in Clause 3, Article 29 of the Law on Investment. investment projects, departments and agencies related to the implementation of investment projects.

Article 46. Procedures for adjusting investment projects under the investment policy approval competence of the Management Board of industrial parks, export processing zones, high-tech zones and economic zones

Procedures for adjusting investment projects under the investment policy approval competence of the Management Board of industrial parks, export processing zones, high-tech zones and economic zones specified in Clause 2, Article 32 of the Law on Investment shall be implemented. as follows:

1. The investor shall submit 04 sets of dossiers specified in Clause 1, Article 44 of this Decree to the Management Board of industrial parks, export processing zones, hi-tech zones and economic zones;

2. Within 03 working days from the date of receipt of valid dossiers, the Management Boards of industrial parks, export processing zones, hi-tech zones and economic zones shall send the dossiers to competent state agencies according to regulations. specified at Point b, Clause 7, Article 33 of this Decree to collect opinions on the adjustment contents of investment projects;

3. Within 15 days from the date of receipt of a valid dossier, the agencies are entitled to give opinions on the contents of project adjustment within the scope of their state management;

4. Within 25 days from the day on which the valid application is received, the Management Board of industrial parks, export processing zones, hi-tech zones and economic zones shall decide to approve the adjustment of investment policies. The decision approving the adjustment of investment policy shall be sent to the investor and the agency related to the implementation of the investment project.

Article 47. Procedures for adjusting investment projects that have been granted investment registration certificates and are not subject to approval for adjustment of investment policies

1. In case the adjustment of an investment project involves the change of the name of the investment project or the investor's name in the Investment Registration Certificate, the investor shall submit a written request for adjustment of the investment project to the investor. The investment registration authority shall enclose documents related to the change of the name of the investment project, the name of the investor. Within 03 working days after receiving the written request for adjustment of the Investment Registration Certificate, the Investment Registration Authority shall amend the Investment Registration Certificate for the investor.

2. In case of adjustment of an investment project that is not specified in Clause 1 of this Article, the investor shall submit 01 set of dossier specified in Clause 1, Article 44 of this Decree to the investment registration agency. Within 10 days from the day on which the valid application is received, the Investment Registration Authority shall amend the Investment Registration Certificate for the investor.

Article 48. Adjustment of investment projects in case the investor transfers part or the whole investment project

1. An investor has the right to transfer part or the whole of his investment project to another investor when the conditions specified in Clause 1, Article 46 of the Law on Investment are satisfied.

2. The transferee investor may inherit the transferor's rights and obligations to implement the investment project. In case the transfer of an investment project generates income, the investor transferring the investment project shall fulfill financial obligations to the State in accordance with law.

3. With respect to a real estate business project, an investor approved under Clauses 3 or 4, Article 29 of the Law on Investment or granted an Investment Registration Certificate shall carry out procedures for project adjustment. investment project when transferring the project according to the provisions of this Article and comply with the principles, conditions, rights and obligations of the transferor and transferee in accordance with the law on real estate business.

4. For real estate business projects other than those specified in Clause 3 of this Article, competence, procedures, conditions and dossiers for permission to transfer part or the whole real estate business project comply with the law on real estate business.

5. An application for adjustment of an investment project includes:

a) A written request for adjustment of the investment project;

b) Report on the implementation of the investment project up to the time of transfer of the investment project;

c) Contract or contract in principle on the transfer of part or the whole investment project;

d) A copy of the document on the legal status of the investor transferring and receiving the transfer;

dd) A copy of the investment registration certificate; Decision approving the investment policy; Decision on investor approval (if any);

e) A copy of the BCC contract (for investment projects in the form of a BCC contract);

g) A copy of one of the following documents of the investor receiving the investment project: the financial statement of the last 02 years or the investor's equity audit report, the commitment to financial support; of the parent company, the financial institution's commitment to financial support, the guarantee of the investor's financial capacity, the document explaining the investor's financial capacity.

6. For an investment project that has been approved for investment policies concurrently with the investor's approval, but the investor transfers the entire investment project before the exploitation project is put into operation or there is a change in the conditions of the project. For investors, the project adjustment procedures are as follows:

a) The investor transferring the project shall submit 08 sets of dossiers as prescribed in Clause 5 of this Article to the Ministry of Planning and Investment or submit 04 sets of dossiers specified in Clause 5 of this Article to the Investment Registration Authority. corresponding to the authority to approve the project investment policy;

b) The agency specified at Point a of this Clause considers the conditions for transferring investment projects as prescribed in Clause 1, Article 46 of the Law on Investment to decide to adjust the investment project according to the corresponding provisions in Articles of this Law. 44, 45 and 46 of this Decree. The decision approving the adjustment of the investor shall record the transferring investor and the transferee investor, the part of the transferred project (if any) and shall be sent to the Investment Registration Authority, the transferring investor and the investor. transferee investors.

7. For an investment project that has been approved for investment policies and the transfer of the project changes the content of the approval of the investment policy in one of the cases specified at Points a, b, c, d, dd and e, Clause 3, Article 41 of the Law on Investment, the transferring investor shall carry out the procedures for project adjustment according to the respective provisions at Points a and b, Clause 6 of this Article, except for the case specified in Clause 9 of this Article. XNUMX This.

8. For an investment project that has been approved for investment policies but the transfer of the project does not change the approved content of the investment policy in one of the cases specified at Points a, b and c , d, dd and e, Clause 3, Article 41 of the Law on Investment, the investor transferring the project is not required to carry out the procedures for approving the adjustment of the investment policy, but the procedure for adjusting the decision on investor approval. according to the following rules:

a) The investor transferring the project shall submit 04 sets of dossiers as prescribed in Clause 5 of this Article to the Investment Registration Authority, in which the written request for adjustment of the investment project shall be replaced by the written request for adjustment of the investment project. approve investor adjustment;

b) Within 03 working days from the day on which the valid application is received, the investment registration authority shall send the dossier to collect opinions from the relevant competent state agency at the same level on the satisfaction of the requirements. specified at Points b, c and d, Clause 4, Article 33 of the Law on Investment;

c) Within 15 days from the day on which the valid application is received, the agencies that are entitled to receive comments on the contents within the scope of their state management shall send them to the Investment Registration Authority;

d) Within 25 days from the day on which the valid application is received, the investment registration authority shall make an appraisal report containing the contents specified at Points b, c and d, Clause 4, Article 33 of the Law on Investment. , submit to the People's Committee of the province;

dd) Within 07 working days from the date of receipt of the application and appraisal report, the People's Committee of the province shall decide to approve the adjustment of the investor;

e) The decision to approve the adjustment of the investor shall record the transferring investor and the transferee investor, the part of the transferred project (if any) and shall be sent to the Investment Registration Authority, the transferring investor shall; transferee and transferee investor.

9. For an investment project that has been approved for investment policies and has been put into operation, the investor is not required to carry out the procedures for approving the adjustment of the investment policy when transferring the project.

10. For an investment project that has been granted an investment registration certificate and is not subject to approval of investment policies or has been approved for investment policies but does not fall into the cases specified in Clause 3, Article 41 of the Law Investment and project adjustment procedures are carried out as follows:

a) The investor transferring the investment project shall submit 01 set of the dossier specified in Clause 5 of this Article to the investment registration agency;

b) The investment registration authority shall consider the conditions for transfer of investment projects specified in Clause 1, Article 46 of the Law on Investment in order to adjust the investment project according to the provisions of Article 47 of this Decree. The adjusted investment registration certificate is sent to the transferring investor and the transferee investor.

11. Procedures for adjustment of investment projects in case foreign investors receive the transfer of investment projects and establish economic organizations to implement investment projects:

a) The investor transferring the investment project shall carry out the procedures for adjusting the investment project according to the corresponding provisions in Clauses 6, 7, 8 and 10 of this Article;

b) After completing the procedures specified at Point a of this Clause, the foreign investor receiving the project transfer shall carry out the procedures for establishing an economic organization in accordance with the law on enterprises corresponding to each type of project. economic organizations. From the date of being granted the Certificate of Business Registration or another document of equivalent legal validity, the economic organization established by the foreign investor is the investor implementing the investment project as prescribed in Clause 2 of this Article. Clause 22, Article XNUMX of the Law on Investment.

Article 49. Adjustment of investment projects in case the investor receives the transfer of the investment project as collateral

1. Credit institutions or organizations or individuals that receive security for assets being an investment project (hereinafter referred to as the secured party) are entitled to transfer such investment project.

2. The investor receiving the transfer of an investment project may inherit the rights and obligations to perform the investment project of the transferring investor under the conditions specified in the project transfer contract and the provisions of law. related.

3. The secured party or the investor receiving the investment project transfer shall make a dossier of request for adjustment of the investment project, including:

a) A written request for adjustment of the investment project;

b) Investment project transfer contract between the secured party and the transferee investor;

c) Loan contract or credit extension contract or debt purchase and sale contract (if any);

d) Contract or written confirmation of security transaction (if any);

dd) A written confirmation of auction winning in case the secured party or civil judgment enforcement agency auctions the property (if any);

e) A copy of the document on the legal status of the transferring investor and the transferee investor;

g) A copy of the investment registration certificate; Decision approving the investment policy; Decision on investor approval (if any);

h) A copy of one of the following documents of the transferee investor: the financial statement of the last 02 years or the investor's equity audit report, the parent company's commitment to financial support. , commitment to financial support of financial institutions, guarantee of investor's financial capacity, documents explaining investor's financial capacity;

i) A written certification of the secured party about the legal status of the collateral.

4. Procedures for adjusting investment projects in case of transfer of investment projects as security assets are as follows:

a) With regard to an investment project that has been approved for investment policies concurrently with the investor's approval, which transfers the entire investment project in the cases specified at Point g, Clause 3, Article 41 of the Law on Investment, The secured party or the investor receiving the transfer of the investment project shall submit the dossier specified in Clause 3 of this Article and carry out the procedures for project adjustment according to the corresponding provisions in Articles 44, 45 and 46 of the Decree. this;

b) For an investment project that has been approved for investment policies and the transfer of the project changes the content of the approval of the investment policy in one of the cases specified at Points a, b, c, d, dd and e Clause 3 Article 41 of the Law on Investment, procedures for project adjustment upon transfer shall comply with the respective provisions in Articles 44, 45 and 46 of this Decree, except for the case specified in Clause 5 of this Article. XNUMX This.

c) For an investment project that has been approved for investment policies but the transfer of the project does not change the content of the approval of the investment policy in one of the cases specified at Points a, b and c. , d, dd and e, Clause 3, Article 41 of the Law on Investment are not required to carry out the procedures for approving the adjustment of investment policies. The secured party or the transferee investor shall carry out the procedures for adjusting the decision on investor approval according to the respective provisions at Points a, b, c, d, dd and e, Clause 8, Article 48 of the Decree. this.

d) For an investment project that has been granted an investment registration certificate and is not subject to approval of investment policies or has been approved for investment policies but does not fall into the case specified in Clause 3, Article 41 of this Decree. Law on Investment, the secured party or the investor that receives the transfer of an investment project shall submit 01 set of dossiers specified in Clause 3 of this Article to the investment registration agency to carry out the procedures for project adjustment in accordance with regulations. corresponding to Article 47 of this Decree.

5. For an investment project that has already been approved for investment policies and has been put into operation, it is not required to carry out the procedures for approving the adjustment of investment policies when transferring the investment project.

6. Where the secured party wishes to receive and implement an investment project, the secured party shall compile a dossier and carry out the procedures for adjusting the investment project according to the corresponding provisions in Article 44. , 45, 46 and 47 of this Decree; in which, the application for adjustment of the investment project in addition to the contract or the written confirmation of the security transaction; credit contract or debt confirmation document; written confirmation of the secured party about the legal status of the collateral.

7. In case a foreign investor or an economic organization specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment receives an investment project and establishes an economic organization to execute the project. investment project, then carry out the procedures for adjusting the investment project according to the corresponding provisions in Articles 44, 45, 46 and 47 of this Decree, then establish an economic organization in accordance with the law on enterprises. corresponding to each type of economic organization. The investor receiving the transfer of an investment project must satisfy the conditions specified in Clause 2, Article 24 of the Law on Investment.

8. For investment projects implemented before the effective date of the Investment Law, the procedures for project adjustment comply with Article 117 of this Decree.

Article 50. Adjustment of investment projects in case of division, separation or merger of investment projects

1. An investor has the right to adjust an investment project in the following forms:

a) Divide or split the ongoing investment project of that investor (hereinafter referred to as the divided or split project) into two or several projects;

b) Merge one or several investment projects of that investor (hereinafter referred to as the merged project) into an investment project of such investor (hereinafter referred to as the merged project) .

2. The division, separation or merger of an investment project in the form specified in Clause 1 of this Article must satisfy the following conditions:

a) Conditions for land use as prescribed by the land law, business investment conditions (if any) and other conditions as prescribed by law;

b) Not to change the investor's conditions (if any) in the Decision approving the investment policy or the Certificate of investment registration before the division, separation or merger of the investment project;

3. Procedures for adjusting investment projects in case of project division, separation or merger shall comply with the following provisions:

a) For an investment project that has been approved for investment policies, the investor shall submit 08 sets of dossiers to the Ministry of Planning and Investment or 04 sets of dossiers to the investment registration agency corresponding to the approving competence. Agree on project investment policy.

A dossier includes: A written request for adjustment of the investment project; report on the implementation of the investment project up to the time of division, separation or merger of the investment project; the investor's decision on the division, separation, merger of the investment project or other documents of equivalent legal validity; documents on the investor's legal status; copy of Investment Registration Certificate or Decision on approval of investment policy (if any); a copy of the Investor Approval Decision (if any); explain or provide documents related to the adjustment of the contents specified at Points b, c, d, dd, e, g and h, Clause 1, Article 33 of the Law on Investment (if any);

b) The agency specified at Point a of this Clause shall consider the conditions for division, separation and merger of an investment project specified in Clause 2 of this Article in order to carry out the procedures for adjusting the investment project according to the relevant provisions in the relevant regulations. Articles 44, 45 and 46 of this Decree. The decision approving the adjustment of investment policy shall be sent to the Investment Registration Authority and the investor;

c) For an investment project that has been granted an investment registration certificate and is not subject to approval of investment policies or has been approved for investment policies but does not fall into the case specified in Clause 3, Article 41 of the Law For investment, the investor shall submit 01 set of documents specified at Point a of this Clause to the Investment Registration Authority. The investment registration authority shall consider the conditions for division, separation and merger of investment projects specified in Clause 2 of this Article in order to carry out the procedures for adjusting investment projects according to the provisions of Article 47 of this Decree. The adjusted investment registration certificate is sent to the investor.

Article 51. Adjustment of investment projects in case of division, separation, consolidation, merger or transformation of the type of economic organization

1. Economic organizations formed on the basis of division, separation, consolidation, merger or transformation of the type of economic organization (hereinafter referred to as reorganization) may inherit and continue to exercise their rights. and obligations of the reorganized economic organization with respect to the investment project that the reorganized economic organization has performed before the reorganization in accordance with the law on enterprises, land and the law. related.

2. The investor shall decide on the reorganization and handling of assets, rights and obligations related to the investment project in accordance with the law on enterprises and relevant laws. After completing the procedures for reorganization and handling of assets, rights and obligations related to the investment project, the investor shall compile a dossier of request for adjustment of the investment project. Profile include:

a) A written request for adjustment of the investment project;

b) A copy of the document on the legal status of the economic organization after the reorganization;

c) A copy of the resolution or decision of the investor being a reorganized economic organization on the reorganization, including the content on the disposal of assets, rights and obligations related to the investment project; private;

d) Explain or provide documents related to the adjustment of the contents specified at Points b, c, d, dd, e, g and h, Clause 1, Article 33 of the Law on Investment (if any);

dd) A copy of the investment registration certificate, the decision approving the investment policy; Decision on investor approval (if any).

3. For an investment project that has already been approved for investment policies and the adjustment of the investment project upon reorganization, the content of the approval for investment policy is changed in one of the cases specified in Clause 3. Article 41 of the Law on Investment, the investor shall submit 08 sets of dossiers specified in Clause 2 of this Article to the Ministry of Planning and Investment or 04 sets of dossiers specified in Clause 2 of this Article to the respective investment registration agency. with the authority to approve the project investment policy to adjust the investment project according to the corresponding provisions in Articles 44, 45 and 46 of this Decree. The decision approving the adjustment of investment policy shall be sent to the investor and the Investment Registration Authority.

4. For an investment project that has been granted an Investment Registration Certificate and is not subject to approval of investment policies or has been approved for investment policies but does not fall into the cases specified in Clause 3, Article 41 of this Decree. In the Law on Investment, the investor shall submit 01 set of documents specified in Clause 2 of this Article to the Investment Registration Authority for project adjustment according to the provisions of Article 47 of this Decree. The adjusted investment registration certificate is sent to the investor.

5. Economic organizations formed on the basis of reorganization have foreign investors or economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment as members or shareholders. must satisfy the conditions specified in Clause 2, Article 24 of the Law on Investment and carry out the following procedures:

a) In case an economic organization formed on the basis of such reorganization continues to implement part or the whole of an investment project that the reorganized economic organization has implemented before the reorganization, carry out procedures for adjusting investment projects as prescribed in Clauses 3 and 4 of this Article;

b) In case the economic organization formed on the basis of such reorganization fails to accept and implement part or the whole of an investment project that the reorganized economic organization has carried out before the reorganization; Foreign investors or economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment must establish an investment project and carry out procedures for issuance of an investment registration certificate or acceptance of an investment certificate. before the economic organization formed on the basis of reorganization shall carry out the procedures for enterprise registration due to the reorganization in accordance with the law on enterprises.

Article 52. Adjustment of investment projects in case of using land use rights and land-attached assets under investment projects to contribute capital to enterprises

1. Investors may use land use rights and land-attached assets under investment projects to contribute capital to establish economic organizations or contribute capital to enterprises in accordance with the land law and the law. business and related laws.

2. Capital contribution as prescribed in Clause 1 of this Article must satisfy the following conditions:

a) Conditions prescribed by the land law on the rights and obligations of land users and people with assets attached to land; rights and obligations of recipients of capital contribution with land use rights and land-attached assets; conditions for capital contribution and receipt of capital contribution with land use rights and land-attached assets;

b) Conditions prescribed by law on construction, housing and real estate business (if any);

c) Conditions specified in the Decision on approval of investment policy, Decision on approval of investor, Certificate of investment registration, agreement between competent authority and investor (if any);

d) Conditions for capital contribution and receipt of capital contribution with assets of enterprises in which 100% of charter capital is held by the State in accordance with the law on management and use of state capital invested in production and business in Vietnam. enterprises, the law on management and use of public property and relevant laws;

dd) Conditions for capital contribution, share purchase, and capital contribution purchase as prescribed in Clause 2, Article 24 of the Investment Law and Articles 15, 16 and 17 of this Decree for foreign investors, business organizations economy specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment;

e) Fulfill financial obligations to the State (if any) as prescribed by law.

3. Capital-contributing investors compile an investment project adjustment dossier, including:

a) A written request for adjustment of the investment project;

b) Report on the implementation of the investment project up to the time of capital contribution;

c) Agreement between shareholders and members on the use of land use rights and land-attached assets under the investment project to contribute capital to establish the enterprise or contribute additional charter capital of an operating enterprise. ;

d) A copy of the document on the legal status of the investor contributing capital, the investor receiving capital contribution;

dd) A copy of the investment registration certificate, the decision on approval of the investment policy, the decision on approval of the investor (if any) of the capital contributor;

e) A copy of the certificate of land use rights, the certificate of ownership of houses and residential land use rights, the certificate of land use rights, ownership of houses and other land-attached assets.

4. Procedures for using land use rights and land-attached assets under investment projects to contribute capital to establish an enterprise or contribute capital to an enterprise shall be carried out as follows:

a) Register to establish an enterprise or contribute capital to an enterprise in accordance with the law on enterprises;

b) The investor contributing capital shall submit the dossier specified in Clause 3 of this Article and carry out the procedures for adjusting the investment project as prescribed in Clauses 5 and 6 of this Article. The transfer of ownership of assets contributed as capital by members or shareholders to the enterprise shall comply with the provisions of the law on enterprises and relevant laws.

5. For an investment project that has been approved for investment policies and the capital contribution changes the content of the Decision on approval of investment policies in one of the cases specified in Clause 3, Article 41 of the Law on Investment , the capital-contributing investor shall submit 08 sets of dossiers specified in Clause 3 of this Article to the Ministry of Planning and Investment or 04 sets of dossiers specified in Clause 3 of this Article to the Investment Registration Authority to carry out procedures for investment registration. adjust the project according to the corresponding provisions in Articles 44, 45 and 46 of this Decree.

In case of contributing a part of land use rights or land-attached assets that do not fall into one of the cases specified in Clause 3, Article 41 of the Law on Investment, the capital-contributing investor is not required to carry out the procedures for approval of adjustment. investment policy.

6. For an investment project that has been granted an Investment Registration Certificate and is not subject to approval of investment policies or has been approved for investment policies but does not fall into the cases specified in Clause 3, Article 41 of this Decree. Law on Investment, in case the capital contribution changes the contents of the Investment Registration Certificate, the capital contributing investor shall submit 01 set of documents specified in Clause 3 of this Article to the Investment Registration Authority for implementation. continue to adjust the project according to the corresponding provisions in Article 47 of this Decree.

7. In case an economic organization is established to execute an investment project that has been approved for investment policies or issued with an Investment Registration Certificate, the investor and such economic organization must satisfy the following conditions: specified in Clause 2 of this Article. Economic organizations established by investors may inherit the rights and obligations of implementing investment projects of such investors. Investors establishing economic organizations shall carry out procedures for adjusting investment projects according to the respective provisions in Clauses 5 or 6 of this Article.

Article 53. Adjustment of investment projects in case of using land use rights and land-attached assets under investment projects for business cooperation

1. Investors may use land use rights and land-attached assets under investment projects for business cooperation.

2. Business cooperation as prescribed in Clause 1 of this Article must satisfy the following conditions:

a) The conditions specified in Clause 2, Article 52 of this Decree;

b) Conditions for business cooperation in accordance with relevant laws (if any).

3. A business cooperation investor as prescribed in Clause 1 of this Article shall prepare an investment project adjustment dossier, including:

a) A written request for adjustment of the investment project;

b) Report on the implementation of the investment project up to the time of business cooperation;

c) A copy of the business cooperation contract;

d) A copy of the document on the legal status of the parties to the business cooperation;

dd) A copy of the investment registration certificate or decision on approval of investment policies, decision on approval of investors (if any) of the investor to use land use rights and assets attached to the land under the management of the investor. investment projects for business cooperation;

e) A copy of one of the following papers: Certificate of land use right, Certificate of house ownership and residential land use right, Certificate of land use right, ownership of houses and properties other attached to the land;

g) A copy of one of the following documents of the business cooperation party: the financial statement of the last 02 years or the investor's equity audit report, the company's commitment to financial support; parent, commitment to financial support of financial institutions, guarantee of investor's financial capacity, document explaining investor's financial capacity.

4. Procedures for using land use rights and land-attached assets under investment projects for business cooperation shall be as follows:

a) In case the business cooperation changes the contents of the Investment Registration Certificate, the Decision on investor approval or changes the contents of the Decision on approval of investment guidelines in one of the cases specified in Clause 3 of this Article. In Clause 41, Article 08 of the Investment Law, the investor shall submit 3 sets of dossiers specified in Clause 04 of this Article to the Ministry of Planning and Investment or 3 sets of dossiers specified in Clause 44 of this Article to the Investment Registration Authority. investment to carry out procedures for adjustment of investment projects according to the corresponding provisions in Articles 45, 46, 47 and XNUMX of this Decree;

b) In case the business cooperation does not change the contents of the Investment Registration Certificate, the Decision on investor approval or does not change the contents of the Decision approving the investment policy in one of the following cases: In accordance with the provisions of Clause 3, Article 41 of the Investment Law, investors using land use rights and land-attached assets for business cooperation are not required to carry out the procedures for adjusting investment projects as prescribed in Clause XNUMX of this Article. point a of this clause.

5. For business cooperation contracts signed between foreign investors or between domestic investors and foreign investors, the investor uses land use rights and assets attached to land. of an investment project for business cooperation shall carry out the procedures for adjusting the investment project according to the respective provisions in Articles 44, 45 and 46 of this Decree in case the business cooperation changes the contents of the investment project. The decision to approve the investment policy falls into one of the cases specified in Clause 3, Article 41 of the Law on Investment and to amend the Investment Registration Certificate according to the provisions of Article 47 of this Decree. If that investment project has not yet been granted an Investment Registration Certificate, the investor shall carry out the procedures for issuance of an Investment Registration Certificate according to the provisions of this Decree.

Article 54. Adjustment of investment projects according to court judgments or decisions

1. For investment projects subject to adjustment according to effective judgments or decisions of courts or arbitrations, investors shall base themselves on such judgments or decisions to adjust and continue project implementation. investment.

2. An investor whose investment project must be adjusted according to the provisions of Clause 1 of this Article shall compile a dossier of request for adjustment of the investment project, including:

a) A written request for adjustment of the investment project;

b) A copy of the document on the investor's legal status;

c) The legally effective judgment or decision of the court or arbitrator;

d) A copy of the investment registration certificate; Decision approving the investment policy; Decision on investor approval (if any).

3. For an investment project that has been approved with investment guidelines, the procedures for project adjustment shall comply with the following provisions:

a) An investor whose investment project must be adjusted according to a legally effective judgment or decision of a court or arbitrator shall submit 01 set of documents specified in Clause 2 of this Article to the Ministry of Planning and Investment or The investment registration agency corresponding to the authority to approve the project investment policy;

b) Within 07 working days from the date of receipt of the dossier, the Ministry of Planning and Investment and the investment registration agency shall, based on the legally effective judgment or decision of the court, submit the arbitration to the competent authority. competent authority approving the investment policy to adjust the decision approving the investment policy. Within 05 working days from the date of receipt of the request from the Ministry of Planning and Investment or the investment registration agency, the investment policy-approving agency shall amend the decision approving the investment policy.

Pursuant to the Decision on approval of adjustment of investment policies, the Investor Approval Authority shall adjust the Decision on approval of the Investor (if any), the Investment Registration Authority shall amend the Investment Registration Certificate (if any). if any). The decision to approve the adjustment of investment policies, the decision to accept the adjustment of investors or the certificate of investment registration shall be sent to the court, the arbitrator that issued the judgment or decision, or the enforcement agency. project and send it to investors.

4. For an investment project that has been granted an investment registration certificate and is not subject to approval of investment policies or a project that has been approved for investment policies but does not fall into the cases specified in Clause 3 of this Article 41 of the Investment Law, the procedures for project adjustment shall comply with the following provisions:

a) An investor whose investment project must be adjusted according to a legally effective judgment or decision of a court or an arbitrator shall submit 01 set of documents specified in Clause 2 of this Article to the investment registration agency;

b) Within 05 working days from the date of receipt of the application, the investment registration agency, based on the legally effective judgment or decision of the court, the arbitrator shall carry out procedures for adjusting the Certificate of Investment. investment registration. The adjusted investment registration certificate is sent to the court, the arbitrator that issued the judgment or decision, the judgment enforcement agency and the investor.

5. In case the investor fails to carry out the procedures for adjusting the investment project according to the legally effective judgment or decision of the court, arbitration, civil judgment enforcement agency, organization or individual having interests and obligations related to that investment project, has the right to request the competent state agency to approve the investment policy or the investment registration agency to carry out the procedures for adjusting the investment project in accordance with regulations. specified in Clauses 3 and 4 of this Article, respectively.

Article 55. Adjustment and extension of operation duration of investment projects

1. The investor may adjust the operation term of the investment project according to the provisions of Point dd, Clause 3, Article 41 of the Law on Investment, Clause 2, Article 27 of this Decree and carry out the procedures for adjusting the operation duration. activities of the investment project according to the corresponding provisions in Articles 44, 45,46, 47 and XNUMX of this Decree.

2. Procedures for extending the operation duration of an investment project as prescribed in Clause 4, Article 27 of this Decree are as follows:

a) For an investment project that has been approved, the investor shall submit 04 sets of dossiers to the Ministry of Planning and Investment or the investment registration agency corresponding to the authority to approve the investment policy. project.

A dossier comprises: A written request for extension of the operation term of the investment project; Decision approving the investment policy; Investment registration certificate; Decision on investor approval or equivalent legal document; Certificate of land use right or papers of equivalent legal value; documents proving the financial capacity of the investor include one of the following documents: financial statements of the last 02 years of the investor; commitment to financial support of the parent company; financial institution's commitment to financial support; guarantee on the financial capacity of the investor; other documents proving the investor's financial capacity;

b) Within 03 working days from the date of receipt of a valid dossier specified at Point a of this Clause, the Ministry of Planning and Investment and the investment registration agency shall send the dossier to the land management agency and the investment registration agency. relevant agencies to collect opinions on the satisfaction of conditions specified in Clause 4, Article 44 of the Investment Law and Clause 4, Article 27 of this Decree;

c) Within 10 days from the day on which the valid application is received, the consulted agency shall give opinions on the satisfaction of the conditions specified in Clause 4, Article 44 of the Investment Law and Clause 4, Article 27 of this Decree. ;

d) Within 15 days from the day on which the valid application is received, the Ministry of Planning and Investment and the investment registration authority shall consider the conditions for extension of the operation duration of the investment project specified in Clause 4 of this Article. Article 44 of the Investment Law and Clause 4, Article 27 of this Decree to make an appraisal report and submit it to the agency approving the investment policy;

dd) Within 03 working days from the date of receipt of the report from the Ministry of Planning and Investment, the investment registration agency, the agency approving the investment policy shall decide to extend the operation term of the project. investment;

e) For an investment project that has been granted an Investment Registration Certificate and is not subject to approval of investment policies, the investor shall submit 04 sets of dossiers as prescribed at Point a of this Clause to the Registrar of Companies. investment. The investment registration authority shall carry out the procedures as prescribed at Points b, c, d and dd of this Clause to extend the operation term of the investment project.

3. For investment projects using land, within at least 06 months before the expiry of the operation term of the investment project, the investor shall carry out procedures for extending the operation term of the investment project. investment as prescribed in Clause 2 of this Article.

Section 5. PROCEDURES FOR STOP AND TERMINATION OF INVESTMENT PROJECTS

Article 56. Conditions and procedures for shutdown of investment projects

1. An investment project stops operating in the cases specified in Clauses 1, 2 and 3, Article 47 of the Law on Investment.

2. The total downtime of an investment project must not exceed 12 months. In case the operation of an investment project is stopped according to a court judgment or decision, an effective arbitration award or a decision of a state management agency in charge of investment, the duration of the project's shutdown shall be determined. Investment judgments are determined according to court judgments, decisions, arbitral awards or decisions of state management agencies in charge of investment. If these documents do not specify the time of shutdown of the investment project, the total downtime shall not exceed the time specified in this Clause.

3. The shutdown of an investment project shall comply with the following procedures:

a) In case of self-decision to stop the operation of the investment project as prescribed in Clause 1, Article 47 of the Law on Investment, the investor shall send a notice to the Investment Registration Authority within 05 working days from the date of issuance. decision date. The investment registration authority shall receive and notify the cessation of operation of the investment project to the relevant agencies;

b) In case the state management agency in charge of investment decides to stop the operation of an investment project, that agency shall base itself on opinions of competent state agencies for the cases mentioned in Clause 2 of this Article. 47 of the Investment Law to decide to stop all or part of the operation of an investment project and notify relevant agencies and investors. The state management agency in charge of investment or the agency competent in the fields specified at Points a, b, c and dd, Clause 2, Article 47 of the Law on Investment shall make a record before deciding to stop or stop a project. operational part of the investment project. For the cessation of operation of an investment project according to a court judgment or decision or an arbitral award, the state management agency in charge of investment shall base itself on the legally effective judgment or decision of the court. legally effective judgment or award of arbitration to decide to stop the whole or part of the investment project;

c) With regard to investment projects that are detrimental or are likely to cause harm to national defense and security, the People's Committees of provinces shall notify in writing the Ministry of Planning and Investment. The notice includes the following contents: the investor implementing the project; objectives, location, project contents, project implementation process; assess the impact or risk of the project's impact on national defense and security; Proposing to stop the whole or part of the operation of the investment project. At the request of the People's Committee of the province, the Ministry of Planning and Investment consults with the Ministry of National Defense and the Ministry of Public Security to submit to the Prime Minister for decision to stop all or part of the operation of the investment project. .

Article 57. Conditions and procedures for operation termination of investment projects

1. An investment project shall terminate its operation in the cases specified in Clauses 1 and 2, Article 48 of the Law on Investment.

2. The operation termination of an investment project shall comply with the following procedures:

a) In case of self-decision to terminate the operation of the investment project as prescribed at Point a, Clause 1, Article 48 of the Law on Investment, the investor shall send the decision to terminate the operation of the investment project to the Registration Authority. investment registration within 15 days from the date of decision, enclosed with the Investment Registration Certificate (if any);

b) In case the operation of the investment project is terminated under the conditions specified in the contract, the enterprise's charter, or the operation term of the investment project expires as prescribed at Points b and c, Clause 1 of this Article. 48 of the Law on Investment, the investor shall notify and return the Investment Registration Certificate (if any) to the Investment Registration Authority within 15 days from the date of termination of the operation of the investment project attached to it. according to the copy of documents recording the termination of operation of the investment project. The investment registration agency shall notify the termination of operation of the investment project to the relevant agencies;

c) In case of terminating the operation of an investment project as prescribed in Clause 2, Article 48 of the Law on Investment, the investment registration authority shall decide to terminate the operation of the investment project and at the same time revoke the Investment Registration Certificate. investment registration for an investment project granted an Investment Registration Certificate. The investment registration certificate shall cease to be effective from the effective date of the decision to terminate the operation of the investment project.

3. For an investment project operating under an Investment Certificate (also a Business Registration Certificate) or an Investment License, the Investment Registration Authority shall decide to terminate the operation of the investment project. without revoking the Investment Certificate (also the Business Registration Certificate) or the Investment License. In this case, the business registration contents in the Investment Certificate (also the Business Registration Certificate) and the Investment License will continue to be valid.

In case an enterprise has its business registration certificate revoked in accordance with the law on enterprises, the business registration authority shall carry out procedures for revocation of business registration information in the investment certificate (VND is the Business Registration Certificate); investment project contents continue to take effect.

4. In case the investor fails to carry out the procedures for terminating the operation of the investment project as prescribed at Point b, Clause 2 of this Article, the investment registration authority shall carry out the procedures for terminating the operation of the investment project. investment as prescribed at point c, clause 2 of this article.

5. In case of termination of operation of an investment project as prescribed at Points a, b and dd, Clause 2, Article 48 of the Law on Investment, the investment registration authority shall make a record before deciding to terminate the operation. of investment projects. In case of termination of operation of an investment project as prescribed at Point d, Clause 2, Article 48 of the Law on Investment, the investment registration authority shall decide to terminate the operation of the investment project after it has issued a decision on withdrawal. soil.

6. In case the investor or the Investment Registration Authority decides to terminate a part of the operation of the investment project as prescribed in Clauses 1 and 2, Article 48 of the Law on Investment, the investor may continue to implement Currently, the part of the project is not terminated, and at the same time, carry out the procedures for adjusting the investment project according to the corresponding provisions in Articles 44, 45, 46 and 47 of this Decree.

7. In case the operation of an investment project is terminated at the same time as the operation of an economic organization, the investment project shall terminate its operation according to the provisions of this Article and the investor shall carry out the procedures for termination of operation. activities of economic organizations according to the provisions of law corresponding to each type of economic organization.

8. After an investment project terminates its operation, the liquidation of the investment project shall be carried out as follows:

a) The investor liquidates the investment project by himself in accordance with the law on asset liquidation;

b) For investment projects that are allocated, leased or permitted by the State to change the land use purpose, the handling of land use rights and land-attached assets shall comply with the provisions of law. on land and related laws;

c) During the process of liquidation of an investment project, if the investor being an economic organization is dissolved or falls into bankruptcy, the liquidation of the investment project shall comply with the provisions of the law on dissolution. Bankruptcy of economic organizations.

Article 58. Termination of operation of an investment project in case the investment registration agency fails to contact the investor

1. In case an investment project ceases to operate and the investment registration authority is unable to contact the investor or the investor's legal representative, the investment registration authority shall carry out the following procedures:

a) Make a record of the investment project's shutdown and failure to contact the investor;

b) Send a written request to the investor to contact the Investment Registration Authority to resolve the operation termination of the investment project to the address registered by the investor with the Investment Registration Authority. If the investor fails to contact the investor within 30 days from the date of sending the document specified in this Point, the Investment Registration Authority shall carry out the procedures specified at Point c of this Clause;

c) Send a written request for support in contacting the investor to the People's Committee of the commune where the investor resides (for domestic investors being an individual), the diplomatic mission in Vietnam of the country of which the investor is a national (for foreign investors) and at the same time post a notice requesting the investor to contact the Investment Registration Authority to resolve the termination of the operation of the investment project. investment within 90 days on the National Investment Portal.

2. After taking the measures specified in Clause 1 of this Article and within 12 months from the date the investment project ceases operation, the investor or the investor's legal representative cannot be contacted. The investment registration authority shall decide to terminate the operation of the investment project.

3. The management of assets of an investment project after the investment registration agency decides to terminate its operation shall comply with the civil law on management of assets of persons absent from the place of residence.

4. Within the ambit of their functions and competence, competent state agencies shall perform the following tasks:

a) The investment registration authority shall appoint a person to supervise the management of assets of an investment project that is terminated under the provisions of this Article at the request of a competent state agency or a person with the right to , related interests, unless otherwise provided for by law;

b) Tax and customs offices are responsible for taking measures in accordance with the provisions of the law on tax administration and relevant laws to recover tax debt and other financial obligations of investors for State (if any);

c) The State management agency in charge of land shall recover land and handle assets attached to land in case the investment project is subject to land recovery according to the provisions of the land law;

d) The state management agency in charge of labor proposes and guides the support for employees who have lost their jobs and settles related regimes according to the provisions of the labor law;

dd) Other competent state agencies shall perform state management of investment projects within the ambit of their functions and competence as prescribed by law.

5. Any request or dispute between an investor and an individual or organization regarding rights and obligations related to an investment project specified in this Article shall be settled at court or arbitration according to agreement between the parties. parties and provisions of Vietnamese law.

Article 59. Termination of operation of an investment project in cases where the investor conducts investment activities on the basis of sham civil transactions in accordance with the civil law

1. The investment registration authority shall decide to terminate all or part of the operation of an investment project in case the investor conducts investment activities on the basis of sham civil transactions as determined in accordance with the provisions of law. civil law, on the basis of a valid judgment or decision of the Court or an arbitral award.

2. The investment registration authority, relevant agencies, organizations and individuals have the right to request the competent court to declare invalidation of civil transactions due to forgery during the implementation of their investment projects. investors as a basis for terminating all or part of the operation of the investment project.

3. The order and procedures for terminating the operation of an investment project shall comply with the provisions of Article 57 of this Decree.

Article 60. Termination of operation of investment projects according to court judgments, decisions, arbitration awards

Pursuant to legally effective court judgments or decisions or arbitral awards on termination of all or part of the operation of an investment project, the Investment Registration Authority shall carry out procedures for termination of operations. activities of the investment project as prescribed in Article 57 of this Decree.

Section 6. SOME PROVISIONS ON INVESTMENT ACTIVITIES IN INDUSTRIAL PARKS, EXPORT PROCESSING ZONES, HI-TECH ZONES AND ECONOMIC ZONES

Article 61. Investment in construction and business of infrastructure of industrial parks, export processing zones, high-tech zones and economic zones

1. Investment in construction and business of infrastructure of industrial parks and export processing zones must conform to the planning on construction of industrial parks and export processing zones already approved by competent authorities.

2. For areas with difficult socio-economic conditions, based on specific local conditions, the People's Committees of provinces shall submit them to the Prime Minister for decision on establishment or assign non-business units. have income as investors in investment projects on construction and business of infrastructure of industrial parks and export processing zones.

3. Investors implementing investment projects on construction and infrastructure business of industrial parks, export processing zones, high-tech zones and functional zones in economic zones may perform the following activities:

a) Building factories, offices and warehouses for sale or lease;

b) Valuation of land lease and sub-lease price of land with technical infrastructure built; fees for using infrastructure; rental prices, selling prices of factories, offices, warehouses and other service charges as prescribed by law and registered with the Management Board of industrial parks, export processing zones, high-tech zones and economic zones on price brackets and fees for using infrastructure. The registration of price brackets and fees for using infrastructure shall be carried out every 06 months or in case of other adjustments compared to the price brackets and fees for using the registered infrastructure;

c) Collecting fees for using infrastructure;

d) Transfer of land use rights, lease of land and sub-lease of land with which technical infrastructure has been built in industrial parks, export processing zones, hi-tech zones and functional zones in economic zones to investors. other investments in accordance with the law on land and the law on real estate business;

dd) Other activities as prescribed by the Investment Law, this Decree, the Government's regulations on industrial parks, export processing zones, high-tech zones, economic zones and relevant laws.

Article 62. Implementation of investment projects in industrial parks, export processing zones, high-tech zones and economic zones

For investment projects in industrial parks, export processing zones, high-tech zones and economic zones, investors may perform the following activities:

1. Renting or buying factories, offices and warehouses that have been built to serve production and business activities.

2. Paid use of technical infrastructure works, service works, including road systems, electricity supply, water supply, drainage, communication, wastewater treatment, waste and other public service and utility works (collectively referred to as infrastructure usage fees).

3. Transfer and receive the assignment of land use rights, lease or sub-lease the land with which technical infrastructure has been built for the construction of factories, offices and other works in service of production and business according to regulations. provisions of the law on land and the law on real estate business.

4. To lease or sub-lease factories, offices, warehouses and other constructions that have been built to serve production and business in accordance with the law on land and the law on real estate business. produce.

5. Other activities as prescribed by the Investment Law, this Decree, the Government's regulations on industrial parks, export processing zones, high-tech zones, economic zones and relevant laws.

Chapter V

ESTABLISHMENT OF ECONOMIC ORGANIZATION AND IMPLEMENTATION OF INVESTMENT ACTIVITIES OF FOREIGN INVESTORS

Article 63. Establishment of economic organizations of foreign investors

1. Except for the case specified in Article 67 of this Decree, foreign investors shall establish economic organizations and implement investment projects according to the following procedures:

a) In case of implementing a new investment project, the foreign investor shall carry out the procedures for approving the investment policy, issue the Investment Registration Certificate for the new investment project and carry out the procedures for establishment of a new investment project. economic organizations according to the provisions of law corresponding to each type of economic organization;

b) In case of transfer of investment projects and establishment of economic organizations, foreign investors shall carry out procedures for issuance of Investment Registration Certificate (in case such project is not granted Certificate of Investment Registration). investment registration) or amend the Investment Registration Certificate (in case the project has been granted an Investment Registration Certificate) and carry out the procedures for establishing an economic organization in accordance with relevant laws. for each type of economic organization.

2. Dossier, order and procedures for establishment of an economic organization shall comply with the provisions of the law on enterprises or other laws relevant to each type of economic organization.

3. The charter capital of an economic organization established by a foreign investor to execute an investment project is not necessarily equal to the investment capital of the investment project. Economic organizations established by foreign investors shall contribute capital and mobilize other capital sources for the implementation of investment projects according to the schedule specified in the Investment Registration Certificate.

Article 64. Implementation of investment projects and investment and business activities of foreign-invested economic organizations

1. In case of implementing a new investment project in addition to the investment project already granted the Investment Registration Certificate, the foreign-invested economic organization shall carry out the following procedures:

a) Economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment shall carry out the procedures for approving investment policies and granting investment registration certificates according to the provisions of this Decree. ;

b) Economic organizations that do not fall into the cases specified at Point a of this Clause shall comply with the reporting regime prescribed in Clause 5, Article 72 of the Law on Investment. The content of the report includes: Name of investment project, investment objective, investment scale, investment capital, location, operation duration, implementation progress, labor demand, investment incentives. if any).

2. Foreign-invested economic organizations are entitled to adjust business registration contents at the business registration office without necessarily having an investment project. The addition of investment and business lines of foreign-invested economic organizations must be consistent with foreign investors' market access conditions (if any).

3. Foreign-invested economic organizations may set up branches, representative offices and business locations outside their head offices without necessarily having an investment project. Dossier, order and procedures for setting up branches, representative offices and business locations of economic organizations shall comply with the provisions of the law on enterprises and the laws corresponding to each type of economic organization. .

4. When investing and trading in securities on the stock market, foreign investors and foreign-invested economic organizations must comply with the provisions of the securities law on investment procedures and ratios. owning charter capital, unless an international treaty on investment provides otherwise on the rate of ownership of charter capital.

Article 65. Conditions and principles for conducting investment activities in the form of capital contribution, share purchase, purchase of contributed capital

1. Domestic investors investing in capital contribution, buying shares or purchasing capital contributions in economic organizations already established in Vietnam must comply with the conditions and procedures prescribed in the Law on Enterprises and other relevant laws. for each type of economic organization.

2. Capital contribution, share purchase and capital contribution purchase on the stock market must comply with the law on securities.

3. Enterprises in which 100% charter capital is held by the State, and the representative of the state capital invested in the enterprise must comply with the conditions and procedures prescribed by law on management and use of state capital. invest in production and business in enterprises; the law on management and use of public property and other relevant laws when carrying out investment activities in the form of capital contribution, share purchase, purchase of capital contributions from economic organizations or transfer of contributed capital. shares for other organizations and individuals.

4. Foreign investors contributing capital, purchasing shares or purchasing capital contributions in economic organizations already established in Vietnam must satisfy the conditions specified in Clause 2, Article 24 of the Law on Investment, including:

a) Conditions on market access for foreign investors when contributing capital, buying shares or purchasing capital contributions in economic organizations already established in Vietnam as prescribed in Clause 3, Article 9 of the Law Investment and Articles 15, 16 and 17 of this Decree;

b) Conditions on assurance of national defense and security and land use conditions applicable to economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions in case such economic organization has Certificates of land use rights in islands, communes, wards, border towns and coastal communes, wards and townships; Other areas affecting national defense and security, except for economic organizations implementing investment projects in industrial parks, export processing zones, hi-tech parks and economic zones established under the Government's regulations. .

5. Foreign organizations and individuals receive shares or capital contributions in economic organizations established in Vietnam through exchange or donation contracts or other ownership transfer contracts in accordance with law. or through inheritance, must satisfy the conditions specified in Clause 4 of this Article and carry out the procedures as prescribed for foreign investors investing in the form of capital contribution, share purchase, purchase of contributed capital. .

Article 66. Procedures for carrying out investment activities in the form of capital contribution, share purchase or purchase of contributed capital, for foreign investors

1. Except for the cases specified in Clause 2, Article 26 of the Law on Investment, economic organizations with foreign investors investing in the form of capital contribution, share purchase or purchase of contributed capital shall carry out registration procedures. change members and shareholders at the business registration office in accordance with the law on enterprises and other laws corresponding to each type of economic organization.

2. Economic organizations with foreign investors to contribute capital, purchase shares or purchase capital contributions in the cases specified in Clause 2, Article 26 of the Law on Investment shall submit 01 application for registration of capital contribution or share purchase. share, purchase capital contribution to the investment registration agency where the economic organization's head office is located. Profile include:

a) A written registration for capital contribution, share purchase or capital contribution purchase, including the following contents: information on enterprise registration of the economic organization to which the foreign investor intends to contribute capital, purchase shares, or purchase shares. capital contribution; business; list of owners, members, founding shareholders, list of owners, members, shareholders being foreign investors (if any); rate of ownership of charter capital of foreign investors before and after capital contribution, share purchase, purchase of capital contribution to economic organizations; expected transaction value of the contract of capital contribution, share purchase, purchase of contributed capital; information on investment projects of economic organizations (if any);

b) Copies of legal papers of individuals, organizations contributing capital, buying shares, purchasing capital contributions and economic organizations with foreign investors contributing capital, buying shares or purchasing capital contributions;

c) A written agreement in principle on capital contribution, share purchase or capital contribution purchase between foreign investors and economic organizations in which foreign investors contribute capital, purchase shares, purchase capital contributions or between foreign investors and shareholders or members of that economic organization;

d) A copy of the certificate of land use rights of the economic organization in which foreign investors contribute capital, purchase shares or purchase capital contributions (for the case specified at Point b, Clause 4, Article 65 of this Decree; ).

3. For the case specified at Points a and b, Clause 2, Article 26 of the Law on Investment, within 15 days from the date of receipt of a valid dossier as prescribed in Clause 2 of this Article, the registration agency shall the investor shall consider meeting the conditions for capital contribution, share purchase, and capital contribution as prescribed in Clause 2, Article 24 of the Law on Investment, Clause 4, Article 65 of this Decree and notify the investor, except for the following cases: accordance with the provisions of Clause 4 of this Article. Written notices shall be sent to foreign investors and economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions.

4. In case an economic organization has a foreign investor contributing capital, buying shares, or buying a contributed capital portion, it must have a certificate of land use rights in islands, communes, wards, border townships and communes, wards and towns. coastal town; In other areas affecting national defense and security, the investment registration agency shall carry out the following procedures:

a) Within 03 working days from the day on which the valid application is received as prescribed in Clause 2 of this Article, the investment registration agency shall consult with the Ministry of National Defense and the Ministry of Public Security on the satisfaction of the following conditions: conditions specified at Point b, Clause 4, Article 65 of this Decree;

b) Within 07 working days from the date of receiving the written request from the investment registration agency, the Ministry of National Defense and the Ministry of Public Security shall give opinions on the satisfaction of the conditions for ensuring national defense and security for the project. with economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions; If the request is not made within the time limit, it shall be deemed to have agreed to the satisfaction of the conditions for ensuring national defense and security for economic organizations in which foreign investors contribute capital, purchase shares or purchase shares. capital;

c) Within 15 days from the day on which the valid application is received, the investment registration authority shall consider the satisfaction of conditions for capital contribution, share purchase or capital contribution as prescribed in Clause 2, Article 24 of the Law. Investment, Clause 4, Article 65 of this Decree and based on the opinions of the Ministry of National Defense and the Ministry of Public Security to notify the investor. Written notice shall be sent to foreign investors and economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions.

5. After foreign investors are approved to contribute capital, purchase shares or purchase capital contributions as prescribed in Clauses 3 and 4 of this Article, economic organizations with foreign investors contributing capital or buying shares shares, purchase of contributed capital, carry out procedures for changing members and shareholders at the business registration agency in accordance with the law on enterprises and other laws relevant to each type of economic organization. Rights and obligations of foreign investors as members and shareholders of economic organizations shall be established upon completion of procedures for changing members and shareholders.

Article 67. Procedures for establishment, capital contribution, share purchase and capital purchase in innovative start-up small and medium-sized enterprises and innovative start-up investment funds

1. In case of setting up an innovative start-up small and medium-sized enterprise to implement an investment project specified in Clause 8, Article 19 of this Decree, or contribute capital, purchase shares, or purchase contributed capital in a small and medium-sized enterprise If an innovative start-up implements an investment project specified in Clause 8, Article 19 of this Decree, a foreign investor shall carry out the same procedures as a domestic investor in accordance with the Law on Enterprises without must carry out the respective procedures specified in Articles 22 and 26 of the Investment Law and Articles 63, 64, 65 and 66 of this Decree.

2. When establishing an enterprise solely for the purpose of managing an innovative start-up investment fund in Vietnam in accordance with the law on supporting small and medium-sized enterprises or contributing capital to this fund, foreign investors shall carry out the procedures according to the respective provisions of the Law on Support of Small and Medium Enterprises without having to carry out the procedures specified in Articles 22 and 26 of the Investment Law and Articles 63, 64, 65 and 66 of this Decree. .

Chapter VI

FOREIGN INVESTMENT ACTIVITIES

Section 1. GENERAL PROVISIONS

Article 68. Investors conducting offshore investment activities

1. Enterprises are established and operate in accordance with the Law on Enterprises and the Law on Investment.

2. Cooperatives and unions of cooperatives are established and operate in accordance with the Law on Cooperatives.

3. Credit institutions are established and operate under the provisions of the Law on Credit Institutions.

4. Business household registration in accordance with the law of Vietnam.

5. Individuals with Vietnamese nationality, except for the case specified in Clause 2, Article 17 of the Law on Enterprises.

6. Other organizations conducting business investment in accordance with Vietnamese law.

Article 69. Outward investment capital

1. The source of outward investment capital includes money and other lawful assets of the investor, including owner's equity, loan capital in Vietnam remitted abroad, profits earned from offshore investment projects. are retained to carry out investment activities abroad.

2. Money and other lawful property as prescribed in Clause 1 of this Article include:

a) Foreign currency on account at an authorized credit institution or purchased at an authorized credit institution in accordance with law;

b) Vietnam Dong in accordance with the law on foreign exchange management of Vietnam;

c) Machinery, equipment, supplies, raw materials, fuel, finished goods, semi-finished goods;

d) Value of intellectual property rights, technology, trademarks, property rights;

dd) Shares, contributed capital, projects of investors are exchanged at economic organizations in Vietnam and overseas economic organizations as prescribed in Clause 4 of this Article;

e) Other lawful properties as prescribed by civil law.

3. Offshore investment capital may be used to contribute capital, lend capital to overseas economic organizations, pay money to buy shares, purchase contributed capital, perform arising guarantee obligations (if any) to make outward investment in the forms specified at Points a, b, c and dd, Clause 1, Article 52 of the Law on Investment. Capital amounts that have been transferred abroad, when recovered and repatriated, are not included in the capital transferred abroad.

4. Vietnamese investors may use their shares, contributed capital or investment projects in Vietnam to make payment or exchange for the purchase of shares, contributed capital or investment projects of the organization. economic institutions abroad. In this case, the Vietnamese investor will carry out the procedures for the issuance of an offshore investment registration certificate first, and then the foreign investor will carry out investment procedures in Vietnam in accordance with the law.

Article 70. Outward investment of foreign-invested economic organizations in Vietnam

For economic organizations with foreign investors holding more than 50% of charter capital, the source of outward investment capital must be equity, which does not include contributed capital to carry out investment activities in Vietnam. Vietnam. In case the additional contributed capital is used for offshore investment, the investor shall carry out the procedures for issuance of the Certificate of offshore investment registration as prescribed in this Decree first, and then carry out the procedures for capital increase. and fully contribute charter capital in Vietnam before transferring investment capital abroad.

Article 71. Outward investment of state enterprises

1. Conditions for investment decision, competence, process and procedures for investment decision, investment termination for outward investment projects of state enterprises shall comply with the provisions of law. on management and use of state capital invested in production and business at enterprises and other relevant laws.

2. The owner's representative agency shall decide on the policy of outward investment and the policy of termination of outward investment in accordance with internal processes and regulations in accordance with its competence and duties as prescribed by law. on management and use of state capital invested in production and business at enterprises and other relevant laws.

3. Responsibilities of the owner's representative agency

a) To decide on outward investment according to its competence and take responsibility for the efficiency of investment activities in accordance with the law on management and use of state capital for business investment in enterprises and other relevant laws; Mandarin;

b) Inspect and supervise outward investment activities; solve problems in the implementation of the provisions of the law on investment abroad;

c) Manage and supervise the use of state capital for outward investment in state enterprises, the state capital invested in enterprises under their management or acting as the owner's representative; ownership; evaluate the efficiency of using state capital invested in enterprises conducting offshore investment activities;

d) Comply with the reporting regime related to outward investment under the management of such agency as prescribed in Article 73 of the Law on Investment and send it to the Ministry of Planning and Investment.

Article 72. Conditions for industries and professions with conditional outward investment

1. For the banking, insurance, and securities industries specified at Points a, b and c, Clause 1, Article 54 of the Law on Investment, investors must satisfy the conditions prescribed by law in this Law. banking, insurance and securities sectors and approved in writing by competent authorities.

2. With regard to the journalism, radio and television industries and professions specified at Point d, Clause 1, Article 54 of the Law on Investment, the investor is an organization that has been licensed to operate in the press, radio and television in Vietnam. Vietnam and with the written consent of the Ministry of Information and Communications.

3. For real estate business lines specified at Point dd, Clause 1, Article 54 of the Investment Law, the investor is an enterprise established under the Enterprise Law.

Article 73. Documents determining the location of the overseas investment project

1. The following investment projects must have documents identifying the location of the investment project:

a) Projects subject to the approval of the Prime Minister or the National Assembly on outward investment policies;

b) Energy projects;

c) Projects on animal husbandry, cultivation, afforestation and aquaculture;

d) Mineral survey, exploration, mining and processing projects;

dd) The project involves the construction of factories, production, processing and manufacturing establishments;

e) Investment projects on construction of works and infrastructure; real estate investment projects, except for service provision activities: real estate brokerage, real estate trading floor, real estate consulting, real estate management.

2. The document identifying the location of the investment project is one of the following papers, which contains the content of determining the location:

a) Investment license or equivalent document of the country or territory receiving the investment;

b) The decision on land allocation or land lease issued by a competent agency or organization in the country or territory receiving the investment;

c) Winning contracts, contracting contractors; land allocation and land lease contracts; investment and business cooperation contract enclosed with documents proving the authority of the related party in the contract for the location;

d) Agreement in principle on land allocation, land lease, business location lease, transfer of land use rights or properties attached to land; business investment cooperation agreement with documents proving the authority of the related party in the agreement for the location.

Article 74. Documents determining the form of outward investment

1. With regard to outward investment activities in the form of an overseas contract specified at Point b, Clause 1, Article 52 of the Law on Investment, the investor shall submit an agreement or contract with the foreign partner on the investment. investment or other documents of equivalent value accompanied by documents on the legal status of the foreign partner.

2. With regard to outward investment activities in the form of capital contribution, share purchase or purchase of contributed capital of an overseas economic organization to participate in the management of such economic organization, the investor shall submit an agreement , contract or other document defining capital contribution, share purchase, purchase of contributed capital, together with documents on the legal status of the overseas economic organization to which the investor contributes capital, purchases shares or purchases capital contribution.

3. For outward investment activities in other forms of investment as prescribed by the law of the host country as prescribed at Point dd, Clause 1, Article 52 of the Law on Investment, the investor shall submit identification documents. such form of investment in accordance with the law of the country or territory receiving the investment.

Section 2. PROCEDURES FOR ISSUANCE, ADJUSTMENT CERTIFICATE OF FOREIGN INVESTMENT REGISTRATION FOR FOREIGN INVESTMENT PROGRAMS APPROVED FOR FOREIGN INVESTMENT PLAN

Article 75. Dossier for issuance of the Certificate of outward investment registration for projects subject to approval of outward investment policies

1. Documents specified in Clause 1, Article 57 of the Law on Investment.

2. For the documents specified at Point dd, Clause 1, Article 57 of the Law on Investment, in case the investor submits a written commitment to self-balance foreign currency sources, it must be enclosed with the credit institution's document certifying the number of foreign currency sources. foreign currency account balance of investors.

3. The tax authority's document certifying the investor's fulfillment of tax payment obligations as prescribed in Clause 5, Article 60 of the Law on Investment.

4. Document certifying the location of the overseas investment project, for the case specified in Article 73 of this Decree.

5. Documents determining the form of outward investment, for the case specified in Article 74 of this Decree.

6. A report on lending to an overseas economic organization, including the following contents: name of the borrower; total loan amount; loan purposes and conditions; disbursement plan; debt recovery plan; measures to secure assets and methods of handling security assets (if any); a plan to balance foreign currency sources for lending; assess the borrower's financial ability; the level of risk and expected measures to prevent risks for loans in case an offshore investment project involves the investor lending a loan to an overseas economic organization to implement the project. investment..

7. Documents determining the performance of the arising guarantee obligation in the case of an offshore investment project with the content that the investor guarantees a loan to an overseas economic organization for the implementation of the investment project .

8. Other relevant documents.

Article 76. Order and procedures for issuance of the Certificate of outward investment registration for projects subject to approval of outward investment policies

1. The order and procedures for projects falling under the National Assembly's authority to approve outward investment policies shall comply with Article 57 of the Investment Law and the Government's own regulations on order and procedures. appraisal procedures for projects of national importance.

2. The order and procedures for projects falling under the Prime Minister's authority to approve outward investment policies are as follows:

a) The investor declares information Dossier of application for the Certificate of offshore investment registration on the National Investment Information System and submits 08 sets of documents (including 01 set of original documents). to the Ministry of Planning and Investment within the next 15 days. The dossiers shall be received by the Ministry of Planning and Investment when there are enough documents and the prescribed quantity;

b) Within 03 working days from the date of receipt of the dossier, the Ministry of Planning and Investment shall send the dossier for opinions of the State Bank of Vietnam, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor and Trade. Military and Social Affairs, Ministries managing branches and People's Committees of provinces and centrally run cities where the investor is headquartered or registered for permanent residence;

c) Within 15 days from the date of receipt of the written opinion collection and dossier, the consulted agency must give its opinion in writing on the contents under its state management or the assigned to the Ministry of Planning and Investment;

d) Within 30 days from the date of receipt of the dossier, the Ministry of Planning and Investment shall organize the appraisal and make an appraisal report including the contents specified in Clause 3, Article 57 of the Investment Law, and submit it to the Prime Minister. The Government considers approving the policy of outward investment;

dd) During the appraisal of the dossier, if there is any content to be clarified, the Ministry of Planning and Investment shall notify the investor in writing. If the project is not eligible to submit to the Prime Minister for consideration and approval of the policy of outward investment, the Ministry of Planning and Investment shall notify in writing the investor. on the refusal to issue the Certificate of offshore investment registration;

e) Within 10 days after receiving the appraisal report from the Ministry of Planning and Investment, the Prime Minister shall issue a decision approving the policy of outward investment according to the contents specified in Clause 8 of this Article. 57 of the Investment Law;

g) For outward investment projects of state-owned enterprises, after the Prime Minister's decision approving the outward investment policy, the competent agency or organization in accordance with the provisions of law. the law on management and use of state capital invested in production and business in enterprises that decide to invest abroad;

h) Within 05 working days from the date of receipt of the Prime Minister's decision approving the outward investment policy as prescribed in Point e of this Clause and the decision on outward investment as prescribed in Clause 37 of this Article. Point g of this Clause, the Ministry of Planning and Investment shall issue an offshore investment registration certificate to the investor, which records the investment project code as prescribed in Article XNUMX of this Decree, and at the same time, a copy of the investment project code specified in Article XNUMX of this Decree. send to the State Bank of Vietnam, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor - Invalids and Social Affairs, the line ministries, the People's Committees of the provinces and centrally run cities where the investor is located. or registered for permanent residence, the tax authority where the investor's tax payment obligation is confirmed, the investor's owner's representative agency (if any);

i) In case the Prime Minister does not approve the policy of outward investment, within 03 working days from the date of receipt of the written opinion from the Prime Minister, the Ministry of Planning and Investment shall send a written request to the Ministry of Planning and Investment. a notice of refusal to issue the Certificate of offshore investment registration, clearly stating the reason, to the investor.

Article 77. Dossier, order and procedures for adjusting the Certificate of offshore investment registration for projects subject to approval of outward investment policies

1. Dossier for adjustment of the Certificate of offshore investment registration includes the following documents:

a) Documents specified in Clause 3, Article 63 of the Law on Investment;

b) Documents specified at Points c, d, dd, e and g, Clause 1, Article 57 of the Law on Investment and Clauses 2, 4, 5, 6 and 7, Article 75 of this Decree related to the contents. adjustment capacity;

c) Other relevant documents.

2. Order and procedures for adjusting the Certificate of outward investment registration for projects falling under the National Assembly's competence to approve outward investment policies or to approve adjustments to outward investment policies comply with the provisions of Article 57 of the Investment Law and the Government's own regulations on the order and procedures for appraising national important projects.

3. The order and procedures for adjusting the Certificate of outward investment registration for projects falling under the Prime Minister's authority to approve policies or to accept policy adjustments are as follows:

a) The investor declares information Dossier of request for adjustment of the Certificate of offshore investment registration on the National Investment Information System and submits 08 sets of documents (including 01 set of original documents). ) to the Ministry of Planning and Investment within the next 15 days. The dossier is received by the Ministry of Planning and Investment when there are enough documents and the prescribed quantity;

b) Within 03 working days from the date of receipt of the dossier, the Ministry of Planning and Investment shall send the dossier to consult the State Bank of Vietnam, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor and Trade. Military and Social Affairs, line ministries and People's Committees of provinces and centrally run cities where the investor is headquartered or registered for permanent residence;

c) Within 15 days from the date of receipt of the written opinion collection and dossier, the consulted agency must give its opinion in writing on the contents under its state management or the assigned to the Ministry of Planning and Investment;

d) Within 30 days from the date of receipt of the dossier, the Ministry of Planning and Investment shall organize the appraisal and make an appraisal report including the contents requested by the investor for adjustment in accordance with the provisions of Clause 3. Article 57 of the Investment Law, submitting to the Prime Minister for consideration and approval of the outward investment policy or approval of the adjustment of the outward investment policy;

dd) During the appraisal of the dossier, if there is any content to be clarified, the Ministry of Planning and Investment shall notify the investor in writing. If the project is not eligible to be submitted to the Prime Minister for approval after the explanation or supplement has been made, or for the adjustment of the outward investment policy, the Ministry of Planning and Investment shall: and Investment shall notify in writing the investor of the refusal to amend the Certificate of offshore investment registration;

e) Within 10 days from the date of receipt of the appraisal report from the Ministry of Planning and Investment, the Prime Minister shall approve the outward investment policy or approve the adjustment of the outward investment policy in accordance with the provisions of this Decree. the contents specified in Clause 8, Article 57 of the Law on Investment;

g) For outward investment projects of state-owned enterprises, after the Prime Minister's decision approving the outward investment policy or the Prime Minister's decision approving the adjustment of outward investment policy; competent agencies and organizations in accordance with the law on management and use of state capital invested in production and business at enterprises shall decide to adjust outward investment activities;

h) Within 05 working days from the date of receipt of the Prime Minister's decision approving the outward investment policy or the Prime Minister's decision approving the adjustment of the outward investment policy according to the provisions of Point e. this Clause and decide to adjust outward investment activities as prescribed at Point g of this Clause, the Ministry of Planning and Investment shall adjust the Certificate of offshore investment registration and send a copy to the State Bank. Vietnam, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, the line ministries, the People's Committees of the provinces and centrally-run cities where the investor is headquartered or regularly registered. residence, the tax authority where the investor's tax payment obligation is confirmed, the investor's owner's representative agency (if any);

i) In case the Prime Minister does not approve the foreign investment policy or does not approve the adjustment of the investment policy abroad, within 03 working days from the date of receipt of the written opinion of the The Prime Minister and the Ministry of Planning and Investment shall issue a written notice of refusal to amend the Certificate of offshore investment registration, clearly stating the reasons therefor to the investor.

Section 3. PROCEDURES FOR ISSUANCE AND ADJUSTMENT CERTIFICATE OF FOREIGN INVESTMENT REGISTRATION FOR PROJECTS NOT BEING APPROVED FOR FOREIGN INVESTMENT PLAN

Article 78. Dossier, order and procedures for issuance of the Certificate of outward investment registration for projects not subject to approval of outward investment policies

1. An application file for an offshore investment registration certificate includes the following documents:

a) Documents specified in Clause 2, Article 61 of the Law on Investment;

b) For documents specified at Point d, Clause 2, Article 61 of the Law on Investment, in case the investor submits a written commitment to self-balance foreign currency sources, it must be enclosed with a document certifying the number of foreign currency sources by the credit institution. foreign currency account balance of investors;

c) The tax authority's document certifying the investor's fulfillment of tax payment obligations as prescribed in Clause 5, Article 60 of the Law on Investment;

d) Documents certifying the location of the overseas investment project, for the case specified in Article 73 of this Decree;

dd) Documents identifying the form of outward investment as prescribed in Article 74 of this Decree.

2. Order and procedures for issuance of the Certificate of offshore investment registration:

a) The investor declares information Dossier of application for the Certificate of offshore investment registration on the National Investment Information System and submits 03 sets of documents (including 01 set of original documents). to the Ministry of Planning and Investment within the next 15 days. The dossiers shall be received by the Ministry of Planning and Investment when there are enough documents and the prescribed quantity;

b) The Ministry of Planning and Investment checks the validity of the application. In case the dossier is invalid or has contents that need to be clarified, the Ministry of Planning and Investment shall send a written notice to the investor within 05 working days from the date of receipt of the dossier;

c) In case the capital amount in foreign currency transferred abroad is equivalent to VND 20 billion or more, the Ministry of Planning and Investment shall consult the State Bank of Vietnam in writing as prescribed in Clause 3, Article 61 of the Law on Investment. private. Within 07 working days from the date of receipt of the written opinion, the State Bank of Vietnam shall send a written reply to the Ministry of Planning and Investment on the situation of capital transferred abroad before the issuance of the Certificate. receive registration of investment abroad; the investor's satisfaction of money transfer conditions as prescribed by law; loans, loans to economic organizations abroad, guarantees for economic organizations abroad and other related issues;

d) In case an outward investment project has the content that the investor lends a loan to an overseas economic organization to carry out investment activities, after being granted an offshore investment registration certificate, the investor shall investors must carry out procedures to get approval for offshore lending in accordance with the law on foreign exchange;

dd) In case the offshore investment project involves journalism, radio and television, the Ministry of Planning and Investment shall consult the Ministry of Information and Communications in writing as prescribed in Clause 2, Article 72. of this Decree. Within 07 working days from the date of receipt of the written opinion, the Ministry of Information and Communications shall send a written reply to the Ministry of Planning and Investment;

e) Within 15 days from the day on which the valid application is received, the Ministry of Planning and Investment shall issue an offshore investment registration certificate, which records the investment project code as prescribed in Article 37 of this Decree. XNUMX of this Decree, and at the same time send a copy to the State Bank of Vietnam, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, the line ministries, the People's Committees of the provinces and centrally run cities. The central government where the investor is headquartered or registered for permanent residence, the tax authority where the investor is certified to fulfill the tax payment obligation, the investor's owner's representative agency (if any);

g) In case the application is invalid or does not satisfy the conditions for issuance of the Certificate of outward investment registration, the Ministry of Planning and Investment shall issue a written notice of refusal to issue the Certificate of outward investment registration. abroad and clearly state the reason for sending it to the investor.

Article 79. Dossier, order and procedures for adjusting the Certificate of outward investment registration for projects not subject to approval of outward investment policies

1. An application for modification of the Certificate of offshore investment registration includes:

a) Documents specified in Clause 3, Article 63 of the Law on Investment;

b) Documents specified at Points d and dd, Clause 2, Article 61 of the Law on Investment and Points b, d and dd, Clause 1, Article 78 of this Decree relating to the adjusted contents;

c) Documents determining the performance of the arising guarantee obligation in case the offshore investment project contains the content that the investor guarantees a loan to an overseas economic organization for the implementation of the investment project. .

2. Order and procedures for adjusting the Certificate of offshore investment registration:

a) The investor declares information Dossier of request for adjustment of the Certificate of offshore investment registration on the National Investment Information System and submits 03 sets of documents (including 01 set of original documents). ) to the Ministry of Planning and Investment within the next 15 days. The dossier is received by the Ministry of Planning and Investment when there are enough documents and the prescribed quantity;

b) The Ministry of Planning and Investment checks the validity of the application. In case the dossier is invalid or has contents that need to be clarified, the Ministry of Planning and Investment shall send a written notice to the investor within 05 working days from the date of receipt of the dossier;

c) In case the capital amount in foreign currency transferred abroad is equivalent to VND 20 billion or more, the Ministry of Planning and Investment shall consult the State Bank of Vietnam in writing as prescribed in Clause 3, Article 61 of the Law on Investment. private. Within 07 working days from the date of receipt of the written opinion, the State Bank of Vietnam shall send a written reply to the Ministry of Planning and Investment regarding the situation of capital transferred abroad; the investor's satisfaction of money transfer conditions as prescribed by law; loans, loans to economic organizations abroad, guarantees for economic organizations abroad and other related issues;

d) In case an offshore investment project involves the investor lending a loan to an overseas economic organization or guaranteeing a loan to an overseas economic organization, the investor shall carry out procedures for approval. the lending abroad or the performance of guarantee obligations arising in accordance with the law on foreign exchange;

dd) In case the offshore investment project involves journalism, radio and television, the Ministry of Planning and Investment shall consult the Ministry of Information and Communications in writing as prescribed in Clause 2, Article 72. of this Decree. Within 07 working days from the date of receipt of the written opinion, the Ministry of Information and Communications shall send a written reply to the Ministry of Planning and Investment;

e) Within 15 days from the day on which the valid application is received, the Ministry of Planning and Investment shall amend the Certificate of offshore investment registration and send a copy to the State Bank of Vietnam, the Ministry of Finance and the Ministry of Finance. , Ministry of Foreign Affairs, Ministry of Labor, War Invalids and Social Affairs, line ministries, People's Committees of provinces and centrally run cities where the investor is headquartered or registered for permanent residence, tax authorities where certify the fulfillment of the tax payment obligation of the investor, the investor's representative agency (if any);

g) In case the dossier is invalid or does not meet the conditions, the Ministry of Planning and Investment shall send a written notice of refusal to amend the Certificate of offshore investment registration, clearly stating the reasons therefor to the investor. private.

3. Order and procedures for updating offshore investment project information on the National Investment Information System:

a) Within 01 month from the date on which the offshore investment project has changed contents and is not subject to adjustment of the certificate of outward investment registration as prescribed in Clause 2, Article 63 of the Law on Investment; investors, the investor must access the account that has been granted to the offshore investment project on the National Investment Information System and update the changed contents;

b) With regard to the contents stated in the Certificate of outward investment registration which has been updated by the investor on the National Investment Information System as prescribed at Point a of this Clause, the Ministry of Planning and Investment shall: The investor shall record such contents in the adjusted offshore investment registration certificate when the investor carries out the procedures for adjusting the outward investment registration certificate.

Article 80. Issuance and modification of the online certificate of outward investment registration

1. With regard to the application for issuance or adjustment of the Certificate of outward investment registration with an outward investment capital of less than VND 20 billion and not in a line of conditional outward investment, the Investors may choose to submit a paper application according to the corresponding process in Article 78 or Article 79 of this Decree, or submit an online application on the National Investment Information System in one of two forms: digital signature or no digital signature.

2. Investment project codes, dossiers and procedures for granting and adjusting the Certificate of outward investment registration shall comply with the corresponding provisions in Articles 37, 38, 39 and 40 of this Decree.

Article 81. Procedures for re-issuance and correction of information on the Certificate of offshore investment registration

Procedures for re-issuance and correction of information on the Certificate of outward investment registration shall comply with the corresponding provisions in Article 41 of this Decree.

Section 4. IMPLEMENTATION OF INVESTMENT PROJECTS

Article 82. Transfer of investment capital abroad

1. Investors may remit investment capital abroad to conduct investment activities abroad according to the provisions of Article 66 of the Law on Investment.

2. Investors are allowed to transfer foreign currencies, goods, machinery and equipment abroad before being granted the Certificate of offshore investment registration to meet expenses for the formation of investment projects. , consists of:

a) Market research and investment opportunities;

b) Field survey;

c) Researching documents;

d) Collect and purchase documents and information related to investment project selection;

dd) Synthesize, evaluate and appraise, including selecting and hiring consultants to evaluate and appraise investment projects;

e) Organizing seminars and scientific conferences;

g) Establishment and operation of overseas liaison offices related to the formation of investment projects;

h) Participating in international bidding, depositing, depositing or other forms of financial guarantee, paying expenses and fees at the request of the bid solicitor, country or territory receiving the relevant investment. relating to conditions for participation in bidding, conditions for implementing investment projects;

i) Participating in company mergers and acquisitions, deposit, escrow or other forms of financial guarantee, payment of expenses and fees at the request of the seller of the company or in accordance with the laws of the country. investment-receiving countries and territories;

k) Contract negotiation;

l) Purchase or lease assets to support the formation of overseas investment projects.

3. The remittance of foreign currency, goods, machinery and equipment abroad according to the provisions of Clause 2 of this Article must comply with the provisions of the law on foreign exchange, export, customs and technology.

4. The foreign currency transfer limit specified in Clause 2 of this Article shall not exceed 5% of the total outward investment capital and shall not exceed US$300.000, which shall be included in the total outward investment capital, except in the case of the Government. The government provides otherwise.

5. The State Bank of Vietnam shall provide detailed instructions on foreign exchange management for the remittance of foreign currency abroad to perform the activities specified in this Article.

6. The transfer of capital using machinery, equipment and goods to foreign countries and from abroad to Vietnam for the implementation of offshore investment projects must comply with customs procedures in accordance with customs laws. The Ministry of Finance shall guide in detail the transfer of machinery, equipment and goods abroad to perform the activities specified in this Article.

Article 83. Implementation of the offshore investment reporting regime

1. After being granted an offshore investment registration certificate, the investor is granted an account to access the National Investment Information System to make periodical reports as prescribed.

2. The investor is responsible for sending reports on the operation of the offshore investment project as prescribed in Clauses 3, 4 and 5, Article 73 of the Law on Investment; simultaneously manage their accounts and update complete, timely and accurate information on the National Investment Information System.

3. In case there is a difference between the information reported on the National Investment Information System and the information in the paper report, the information on the National Investment Information System shall be based on.

4. Handling measures for investors who fail to comply with the reporting regime as prescribed:

a) The Ministry of Planning and Investment shall issue a written warning in case of first violation;

b) Sanction administrative violations in accordance with the law on administrative sanctions in the field of planning and investment;

c) Publish the violations on the National Investment Information System, the website of the Ministry of Planning and Investment and other mass media.

Article 84. Financial obligations

1. Investors are responsible for fulfilling all financial obligations related to offshore investment projects to the State of Vietnam in accordance with tax laws.

2. Investors being state-owned enterprises are responsible for fulfilling all financial obligations related to offshore investment projects to the State of Vietnam in accordance with the provisions of the tax law and the law on foreign investment. manage and use state capital invested in production and business in enterprises.

3. The exemption from export tax and import tax for the capital portion in goods, machinery and equipment transferred abroad to carry out investment activities and transferred from abroad to Vietnam shall comply with the provisions of law. export tax and import tax law.

Article 85. Sending Vietnamese workers to work in overseas investment projects

1. Investors may only send Vietnamese workers to work in their investment projects abroad in accordance with the labor laws of Vietnam and of the host country or territory. .

2. Investors must complete all procedures for sending Vietnamese workers to work for investment projects abroad; ensure the lawful interests of overseas Vietnamese workers; be responsible for solving problems arising in sending Vietnamese workers to work for investment projects abroad in accordance with the law on Vietnamese workers working abroad under contracts and other relevant regulations.

Article 86. Termination of outward investment activities

1. Immediately after the end of investment activities, the investor must liquidate the investment project in accordance with the provisions of the law of the host country or territory.

2. Within 06 months from the date of the tax finalization report or documents of equivalent legal validity as prescribed by the laws of the host country or territory regarding the completion of the payment. When managing an investment project, the investor must repatriate all revenues from the liquidation of the investment project.

3. In case the investor wishes to extend the time limit specified in Clause 2 of this Article, at least 15 days before the expiry date, the investor must make a written request and clearly state the reason and send it to the Ministry of Planning and Investment for consideration. consider and decide. The extension is done not more than once and not more than 06 months. Within 15 days after receiving the investor's written request, the Ministry of Planning and Investment shall send a written reply to the investor about the extension of the time limit for repatriation of all revenues from the payment. investment project management.

4. Within 60 days after completing the liquidation of the investment project abroad and repatriating all the proceeds from the liquidation of the investment project (if any), the investor shall carry out procedures terminate the validity of the certificate of outward investment registration according to the provisions of Article 87 of this Decree.

Article 87. Dossier, order and procedures for invalidation of offshore investment registration certificates

1. The investor shall submit 02 sets of dossiers of request for invalidation of the Certificate of outward investment registration (including 01 set of original documents) including the following documents:

a) A written request for invalidation of the certificate of outward investment registration;

b) The originals of the issued outward investment registration certificates;

c) Decide to terminate the overseas investment project in accordance with the provisions of Article 59 of the Investment Law;

d) Documents proving that the investor has completed the termination and liquidation of the project and transferred all money, assets, and revenues from project termination and liquidation back home as prescribed in Article 86 of the Decree No. this provision;

dd) Documents on the investor's legal status.

2. The Ministry of Planning and Investment checks the validity of the application. In case the dossier is invalid or has contents that need to be clarified, the Ministry of Planning and Investment shall notify in writing the investor to complete the dossier.

3. The Ministry of Planning and Investment shall send a dossier for consultation with the State Bank of Vietnam on the foreign exchange transactions of investors; investors' compliance with regulations of law on foreign exchange, violations and handling of violations within their competence (if any);

4. Within 15 days from the date of receipt of a valid dossier, the Ministry of Planning and Investment shall issue a decision to terminate the validity and revoke the Certificate of offshore investment registration and send it to the investor, and at the same time, send it to the investor. copies to the State Bank of Vietnam, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, the line ministries, the People's Committees of the provinces and centrally-run cities where the investor is located. the head office or permanent registration, the tax authority where the investor's tax payment obligation is confirmed, the investor's owner's representative agency (if any).

5. In case an offshore investment project is terminated according to the provisions of Point d, Clause 1, Article 64 of the Law on Investment, before transferring the entire overseas investment capital to the foreign investor and terminate project termination, the investor must notify the State Bank of Vietnam.

6. In case of termination of an outward investment project as prescribed in Point dd Clause 1 Article 64 of the Law on Investment but the investor fails to carry out procedures for invalidation of the outward investment registration certificate then the Ministry of Planning and Investment, based on the Investment Law and this Decree, shall terminate the certificate of outward investment registration and send it to the investor and relevant state management agencies. After the certificate of outward investment registration is terminated, if the investor wishes to continue implementing the offshore investment project, he/she must carry out the procedures for the issuance of the outward investment certificate according to the regulations. provisions of the Investment Law and this Decree.

7. For projects subject to approval of outward investment policies, the investor or the agency deciding the outward investment shall terminate the project and report it to the competent authority or person for approval. agreement on investment policy abroad.

Chapter VII

INVESTMENT PROMOTION

Article 88. Contents of investment promotion activities

1. Research potentials, markets, trends and investment partners.

2. Building images, propagating, promoting and introducing the environment, policies, potentials, opportunities and investment connections.

3. Support, guide and facilitate investment activities.

4. Building an information system and database for investment promotion activities.

5. Building a list of projects attracting investment.

6. Develop publications and documents for investment promotion activities.

7. Training, training, capacity building on investment promotion.

8. Domestic and international cooperation on investment promotion.

Article 89. Methods of investment promotion

1. Investment promotion activities shall be carried out by the following methods:

a) Collect information, synthesize, research and develop projects, reports and documents; building an information system and database for investment promotion activities; building portals and websites on investment promotion;

b) Organize survey and research teams at home and abroad; investment promotion mission according to specific topics or partners;

c) Organizing forums, conferences, seminars and seminars on investment promotion at home and abroad;

d) Organize dialogues between agencies, organizations, enterprises and investors;

dd) Connecting investors with state agencies, investors, organizations and individuals;

e) Propagating and promoting the investment environment, policies and laws on investment on the domestic and foreign mass media;

g) Provide information and guide investors to carry out investment procedures and administrative procedures related to investment;

h) Synthesize proposals and recommendations of investors and assist in solving difficulties and obstacles in the process of conducting investment and business activities.

2. Investment promotion activities may use one or more investment promotion methods depending on the content and requirements of each activity.

Article 90. Coordination of investment promotion activities

1. Mode of coordination of investment promotion activities:

a) Arrange and arrange investment promotion activities to ensure efficiency, suitable to domestic, international, territorial and local contexts and specific conditions in each given time;

b) Balance the content, time, deadline, schedule, composition of the promotion team and funding for investment promotion activities in accordance with the requirements and practical implementation.

2. The Ministry of Planning and Investment is the focal point to assist the Government in uniformly coordinating investment promotion activities. The Ministry of Planning and Investment is responsible for:

a) Guide ministries, ministerial-level agencies and provincial-level People's Committees to develop annual promotion programs in line with the investment promotion plan and the national investment promotion program;

b) Coordinating the formulation and implementation of the national investment promotion program;

c) Guide and coordinate investment promotion programs of ministries, ministerial-level agencies, and provincial-level People's Committees.

3. Ministries, ministerial-level agencies and provincial-level People's Committees are responsible for:

a) Coordinating the implementation of the investment promotion program of their units;

b) Proposing to the Ministry of Planning and Investment to adjust the national investment promotion program;

c) Regularly review the implementation of investment promotion activities in accordance with the approved program and update information on the National Information System on Investment Promotion.

Article 91. Investment promotion agency

1. The Ministry of Planning and Investment is the agency assisting the Government in the state management of investment promotion activities nationwide.

2. Ministries and branches shall assign focal points to carry out investment promotion activities according to sectors and fields within their functions and competence.

3. The Department of Planning and Investment shall act as the focal point to assist the People's Committee of the province in the state management of investment promotion.

4. Depending on specific needs and conditions, the People's Committee of the province shall establish an investment promotion agency or division within its organizational structure and have the responsibility to arrange physical facilities and conditions. employment, payroll and operating expenses. The establishment of an investment promotion agency directly under the People's Committee of a province must be agreed upon by the Ministry of Home Affairs and the Ministry of Planning and Investment before submitting it to the Prime Minister for consideration and decision in accordance with regulations of law. law.

5. The focal point for investment promotion abroad:

a) The focal point for overseas investment promotion is directly under and under the management of overseas Vietnamese representative missions;

b) Depending on the specific requirements of each locality, the Ministry of Planning and Investment shall reach agreement with the Ministry of Foreign Affairs on the number of investment promotion personnel to be arranged at the representative mission. In case there are two or more investment promotion officers in a locality, an investment promotion department shall be established under the overseas Vietnamese representative mission;

c) The focal point for investment promotion abroad is under the professional direction of the Ministry of Planning and Investment and the comprehensive direction of the Vietnamese representative agency abroad.

Article 92. National investment promotion program

1. National investment promotion program is a collection of investment promotion activities of national scale, inter-regional and inter-sectoral nature, implemented by ministries and provincial-level People's Committees with state budget. water.

2. Developing a national investment promotion program:

a) The national investment promotion program is developed annually. The Ministry of Planning and Investment shall act as the focal point to develop the national investment promotion program on the basis of summarizing the proposals of the leading agency;

b) Before May 30, the agency in charge of sending the proposal for implementation of the National Investment Promotion Program of the following year to the Ministry of Planning and Investment in writing and on the National Information System on Investment Promotion. investment. Proposals submitted after this deadline will be incorporated into the National Investment Promotion Program of the following year;

c) Before June 30, the Ministry of Planning and Investment shall notify the agency in charge of adjustment and supplement requests (if any) in writing and on the National Information System on Investment Promotion;

d) Before July 15, the agency in charge of implementing adjustment and supplement requests (if any) sends them in writing to the Ministry of Planning and Investment and on the National Information System on Investment Promotion;

dd) Before August 30, the Ministry of Planning and Investment shall send to the Ministry of Finance the proposed National Investment Promotion Program for the next year for comments on the budget expenditure estimate;

e) Within 20 days after the Ministry of Finance announces the budget expenditure estimate, the Ministry of Planning and Investment shall approve the National Investment Promotion Program for the next year and send it in writing to the leading agencies and on the National Information System on Investment Promotion;

g) Based on the approved national investment promotion program, the state management agency in charge of investment promotion under the Ministry of Planning and Investment shall sign a contract to assign tasks to carry out investment promotion activities. with the lead agencies; advance, payment and settlement of support funds under the signed contract.

3. Adjustment of the National Investment Promotion Program:

a) In case there is a request for adjustment of activities in the approved National Investment Promotion Program, the lead agency shall send the request to the Ministry of Planning and Investment in writing and on the National Information System. on investment promotion, clearly stating the reasons and proposing the adjustment plan;

b) Within 15 days after receiving the request of the lead agency, the Ministry of Planning and Investment shall consider and decide on the adjustment of activities in the approved National Investment Promotion Program. ; notify relevant agencies in writing and on the National Information System on investment promotion.

4. The Ministry of Planning and Investment shall prescribe the system of forms for the formulation and adjustment of the national investment promotion program.

Article 93. Investment promotion programs of ministries, ministerial-level agencies and provincial-level People's Committees

1. Guidelines for building investment promotion programs:

a) The Ministry of Planning and Investment shall develop investment promotion plans in each period of socio-economic development to orient investment promotion nationwide;

b) Based on specific requirements and conditions, the Ministry of Planning and Investment shall guide ministries, ministerial-level agencies and provincial-level People's Committees to develop annual investment promotion programs.

2. Development of investment promotion program:

a) Before May 30, ministries, ministerial-level agencies and provincial-level People's Committees shall send the proposed investment promotion program of the following year to the Ministry of Planning and Investment in writing and on the Information System. national news on investment promotion. Projected investment promotion programs sent after this deadline shall be incorporated into the investment promotion program of the following year;

b) Before July 30, the Ministry of Planning and Investment shall give comments on the investment promotion program of the following year of ministries, ministerial-level agencies, and provincial-level People's Committees in writing and on the System. national information on investment promotion;

c) Before August 30, on the basis of consensus with the Ministry of Planning and Investment, the ministries, ministerial-level agencies, the provincial People's Committee approve the investment promotion program of the following year and send it to the Ministry of Planning and Investment in writing and on the National Information System on Investment Promotion.

3. Based on the implementation of the investment promotion program and specific conditions, after reaching agreement with the Ministry of Planning and Investment, ministries, ministerial-level agencies and provincial-level People's Committees shall decide on the implementation of the investment promotion program. adjust the investment promotion program; notify the Ministry of Planning and Investment in writing and on the National Information System on investment promotion.

4. The Ministry of Planning and Investment shall prescribe the system of forms for formulating and adjusting investment promotion programs of ministries, ministerial-level agencies and provincial-level People's Committees.

Article 94. Investment promotion in high-level state foreign affairs

1. For high-level state foreign affairs with investment promotion activities, the lead agency shall coordinate with the Ministry of Planning and Investment, the Ministry of Foreign Affairs and relevant agencies in formulating plans. investment Promotion.

2. The agency in charge of investment promotion activities shall be responsible for organizing the implementation of investment promotion activities according to the plan agreed with the Ministry of Planning and Investment, the Ministry of Foreign Affairs or the agency assigned to act as the focal point in organizing activities for the project. state high level.

3. Ministries, provincial-level People's Committees, agencies, organizations and individuals participating in investment promotion activities within the framework of high-level state external relations activities are responsible for:

a) Comply with regulations, rules, requirements and instructions of the lead agency, the Ministry of Planning and Investment, the Ministry of Foreign Affairs and the Ministry of Public Security, or the focal agency to organize high-level foreign affairs at the State Government. water;

b) Appoint a representative to attend the correct audience and composition and take full responsibility for the appointment of a representative.

Article 95. Coordination between investment promotion and trade, tourism and economic diplomacy

1. Ministries, ministerial-level agencies and provincial-level People's Committees presiding over the implementation of activities that combine investment promotion with trade or tourism or economic diplomacy or with the above-mentioned activities. and reach agreement with the Ministry of Planning and Investment on the contents of investment promotion during program formulation and implementation.

2. Contents of coordination:

a) Notify the plan to organize mixed promotion activities of trade, tourism and economic diplomacy with contents related to investment promotion to the Ministry of Planning and Investment 07 days in writing and through national information system on investment promotion;

b) Agree with the Ministry of Planning and Investment on investment promotion contents in promotion activities of mixed investment, trade, tourism, and economic diplomacy.

Article 96. Investment promotion activities not using the state budget

1. Investment promotion activities not using the state budget shall be carried out by agencies, organizations and individuals in Vietnam and abroad with the funding sources specified at Points b, c and d, Clause 1. Article 97 of this Decree.

2. Agencies, organizations, enterprises and individuals that carry out overseas investment promotion activities must comply with the provisions of foreign and Vietnamese laws.

3. Agencies, organizations, enterprises and individuals conducting investment promotion activities must notify at least 15 days before the implementation of investment promotion activities and notify the results no later than 15 days after completing the investment promotion activities. to the Department of Planning and Investment. The notification before and after the organization of investment promotion activities shall be made in writing and on the National Information System on Investment Promotion.

Article 97. Funding for investment promotion activities

1. Funds for investment promotion activities shall be arranged from the following sources:

a) State budget;

b) Contributions of participating organizations and enterprises;

c) Sponsorships from domestic and foreign organizations and individuals;

d) Other lawful funding sources as prescribed by law.

2. Making and allocating state budget estimates for investment promotion activities for investment promotion activities of ministries and ministerial-level agencies:

a) Ministries and ministerial-level agencies shall summarize budget estimates for investment promotion activities after reaching agreement with the Ministry of Planning and Investment together with the annual budget plans of ministries and ministerial-level agencies; agencies attached to the Government to the Ministry of Finance;

b) Based on the balancing capacity of the state budget and the consensus opinion of the Ministry of Planning and Investment regarding investment promotion activities, the Ministry of Finance shall consider approving and arranging in the cost estimate. annual budgets of ministries, ministerial-level agencies and government-attached agencies to carry out investment promotion activities;

c) Ministries and ministerial-level agencies shall, based on the estimates assigned by the Ministry of Finance, allocate detailed estimates to their affiliated units to carry out investment promotion activities.

3. For investment promotion activities of the People's Committee of the province, based on the written opinion on the uniform implementation of investment promotion activities of the Ministry of Planning and Investment, the People's Committee of the province The province shall base itself on the balancing capacity of the local budget to assign tasks and allocate funds to units carrying out investment promotion activities. Funds for investment promotion activities shall be included in the annual local budget estimates.

4. For investment promotion activities that arise unexpectedly according to the work program of the State leaders and the Government, on the basis of consensus with the Ministry of Planning and Investment, the agency in charge of project formulation budget, propose funding, and send it to the Ministry of Finance for consideration and decision in accordance with the Law on State Budget.

5. For the national investment promotion program, the Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, formulating an annual budget estimate plan.

Chapter VIII

STATE MANAGEMENT OF INVESTMENT

Section 1. DUTIES, POWERS OF MINISTERS, MINISTERIAL AGENCIES, PROVINCIAL PEOPLE'S COMMITTEE AND RELATED AGENCIES

Article 98. State management of investment activities in Vietnam

1. The Ministry of Planning and Investment shall assist the government in unifying the state management of investment in Vietnam; perform the tasks and exercise the powers of state management over investment activities as prescribed in Clause 2, Article 69 of the Law on Investment and other tasks and powers in accordance with this Decree and as assigned by the Government. , Prime Minister.

2. Ministries and ministerial-level agencies shall perform the tasks and exercise the powers of state management over investment as prescribed in Clause 3, Article 69 of the Law on Investment and the following tasks and powers:

a) The Ministry of Finance shall coordinate with relevant state management agencies in appraising and commenting on financial-related issues of investment projects; Government guarantees for investment projects falling under the authority to approve investment policies of the National Assembly, the Prime Minister and other infrastructure development projects;

b) The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with relevant state management agencies in, guiding and inspecting the implementation of regulations on natural resources and environmental protection related to investment activities. ; appraise and give opinions on issues related to land and environmental protection of investment projects;

c) The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with relevant state management agencies in, formulating and submitting to competent authorities for promulgation, guidance and inspection of the implementation of regulations on investment activities. investment in science and technology; appraise and give opinions on issues related to science and technology of investment projects within the competence of the National Assembly and the Prime Minister to approve investment policies;

d) The Ministry of Construction shall assume the prime responsibility for, and coordinate with relevant state management agencies in, formulating and submitting to competent authorities for promulgation, guidance and inspection of the implementation of regulations on related investment activities. to the state management of construction; appraise and give opinions on issues related to the state management of construction of investment projects;

dd) The Ministry of National Defense and the Ministry of Public Security shall, according to their functions and competence, elaborate, promulgate or submit to competent authorities for promulgation documents identifying areas affecting national defense and security in accordance with the Law on National Defense and Security. Investment, this Decree and the law on national defense and security; give opinions on the satisfaction of requirements for assurance of national defense and security according to the provisions of this Decree;

e) The State Bank of Vietnam shall assume the prime responsibility for, and coordinate with relevant state management agencies in, formulating, submitting to competent authorities for promulgation, guiding and inspecting the implementation of regulations on credit and foreign exchange management related to investment activities; give opinions on issues related to credit and foreign exchange management of investment projects under the authority to approve investment policies of the National Assembly and the Prime Minister;

g) Other ministries and ministerial-level agencies shall perform the tasks and exercise the powers specified in Clause 3, Article 69 of the Law on Investment and other tasks and powers as prescribed in this Decree and relevant laws. .

3. Tasks and powers of the People's Committee of the province:

a) Develop a plan to attract investment capital sources; make and publicize the list of projects attracting investment in the locality;

b) Manage, supervise, guide and solve problems during the implementation of investment activities in the locality according to their functions and competence;

c) Direct, guide, supervise and inspect the performance of tasks by the investment registration authority in the granting of the Certificate of investment registration and management of investment activities in the locality;

d) Direct the investment registration agency, business registration agency and state management agencies in charge of land, environment and construction to implement inter-procedural procedures to create favorable conditions for investors. during the implementation of investment activities;

dd) To perform the tasks and powers as prescribed in Clause 4, Article 69 of the Law on Investment and other tasks and powers as prescribed in this Decree and relevant laws.

Article 99. State management of outward investment activities

1. The Ministry of Planning and Investment shall perform the tasks and powers of state management over outward investment activities as prescribed in Clause 2, Article 69 of the Law on Investment and other tasks and powers as prescribed. in this Decree.

2. Duties and powers of the Ministry of Finance:

a) To give opinions on dossiers of request for approval of outward investment policies of projects falling under the competence of the National Assembly or the Prime Minister on financial, tax and customs matters; give opinions according to the field of management on problems in the outward investment of state-owned enterprises at the request of the Prime Minister or the Ministry of Planning and Investment;

b) Monitor the implementation of financial obligations of investors towards the Vietnamese state budget; synthesize and evaluate the effectiveness of outward investment of state-owned enterprises in accordance with the provisions of law;

c) Implement the reporting regime on the performance of financial obligations of investors towards the State of Vietnam; synthesize and evaluate the efficiency of using state capital invested in offshore enterprises and the state management of outward investment activities according to the provisions of Article 73 of the Investment Law.

3. Duties and powers of the State Bank of Vietnam:

a) To promulgate according to its competence or submit to competent authorities for promulgation the provisions of law, mechanisms and policies on lending activities for offshore investment, foreign exchange management, related to the activities of foreign investors. investment abroad;

b) Inspect, inspect and supervise according to its competence the activities of money transfer from Vietnam to abroad and from abroad to Vietnam related to offshore investment projects;

c) Act as the focal point to coordinate with ministries and sectors in construction, submitting to competent authorities for promulgation regulations, instructions, order and procedures for considering and approving economic organizations to lend abroad, provide guarantees for non-residents;

d) Implement the reporting regime on the transfer of foreign currency from Vietnam to abroad (before and after the issuance of the Certificate of outward investment registration) and the situation of foreign currency transfer from abroad to Vietnam. related to offshore investment projects as prescribed in Article 73 of the Investment Law.

4. Duties and powers of the Ministry of Foreign Affairs:

a) Assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and relevant ministries and branches in, elaborating and promulgating according to their competence or submitting to competent authorities for promulgation legal regulations, supporting mechanisms; support from overseas Vietnamese representative missions and protect the legitimate rights and interests of Vietnamese investors in the investment-receiving countries and territories;

b) To give opinions on offshore investment project dossiers at the request of the Prime Minister or at the request of the Ministry of Planning and Investment;

c) Directing overseas Vietnamese representative agencies to coordinate with relevant focal agencies in monitoring and supporting investment activities of Vietnamese investors in the host country or territory. when necessary; support the Ministry of Planning and Investment and competent agencies in verifying information related to investment activities of Vietnamese investors in the area under their management upon request;

d) Implement the reporting regime on the support status of overseas Vietnamese representative missions for investment activities of Vietnam in the host country or territory as prescribed in Article 73 of this Decree. Investment law.

5. Duties and powers of the Ministry of Industry and Trade:

a) To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and relevant ministries and branches in, formulating and promulgating according to its competence or submitting to competent authorities for promulgation legal regulations, mechanisms, policies on trade, industry and energy related to outward investment activities;

b) Inspect, inspect and supervise according to its competence commercial, industrial and energy activities related to outward investment activities;

c) Implement the reporting regime on outward investment in the fields of commerce, industry and energy as prescribed in Article 73 of the Law on Investment.

6. Duties and powers of the Ministry of Labor, War Invalids and Social Affairs:

a) Formulate and promulgate according to its competence or submit to competent authorities for promulgation the provisions of law, mechanisms and policies on management and employment of Vietnamese labors related to outward investment activities. outside;

b) To give opinions on labor-related issues related to outward investment activities at the request of the Prime Minister or the Ministry of Planning and Investment;

c) Inspect, inspect and supervise according to its competence the sending of Vietnamese laborers abroad to work in overseas investment projects;

d) Implement the reporting regime on sending Vietnamese workers abroad to work in overseas investment projects as prescribed in Article 73 of the Investment Law.

7. Duties and powers of other ministries and ministerial-level agencies:

a) Perform the tasks and exercise the powers specified in Clause 3, Article 69 of the Law on Investment and perform other tasks and exercise the powers prescribed in this Decree and relevant laws;

b) To give opinions on issues under the assigned state management related to outward investment activities at the request of the Prime Minister or the Ministry of Planning and Investment;

c) To examine, inspect and supervise according to its competence matters under its assigned state management related to outward investment activities;

d) Comply with the reporting regime related to outward investment under its management as prescribed in Article 73 of the Law on Investment.

8. Duties and powers of overseas Vietnamese representative missions:

a) Overseas Vietnamese representative missions shall coordinate with relevant agencies in capturing information and supporting Vietnamese investors in business investment activities and the observance of national laws. investment-receiving countries and territories; protect the legitimate rights and interests of overseas Vietnamese investors; support, facilitate and remove difficulties for Vietnamese investors in the process of implementing investment projects in the host country in accordance with the provisions of the Law on Representative Missions of the Socialist Republic of Vietnam. Overseas Vietnamese; support the Ministry of Planning and Investment and competent agencies in verifying information related to business investment activities of Vietnamese investors in the area under their management upon request;

b) Annually, or irregularly upon request, report on the support of overseas Vietnamese representative missions for investment activities of Vietnam in the area under their management to the Ministry of Foreign Affairs for approval. summarize and report to the Ministry of Planning and Investment according to regulations.

Article 100. Duties and powers of investment promotion agencies

1. Duties and powers of the Ministry of Planning and Investment:

a) Assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and provincial-level People's Committees in, elaborating investment promotion orientations, programs and plans; guide the formulation of annual investment promotion programs of ministries, ministerial-level agencies and provincial-level People's Committees; synthesize, develop and implement the National Investment Promotion Program;

b) Guiding the implementation of the regime of information and reports on investment promotion activities;

c) Carry out investment promotion activities under the Investment Promotion Program specified at Point a of this Clause;

d) Monitor, summarize and evaluate the investment promotion situation and supervise and check the effectiveness of investment promotion activities;

dd) Coordinating with the Ministry of Foreign Affairs and the Ministry of Home Affairs to submit to the Prime Minister the placement and appointment of focal points for investment promotion abroad; State management of investment promotion for overseas investment promotion focal points;

e) Organizing training, training on investment promotion;

g) Periodically report to the Prime Minister on the situation and orientation of investment promotion activities.

2. Duties and powers of the Ministry of Finance:

a) Assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, guiding the use of state budget funds and financial management regulations for investment promotion activities;

b) Cooperate with the Ministry of Planning and Investment, ministries, ministerial-level agencies, and provincial-level People's Committees in formulating investment promotion funding plans of the National Investment Promotion Program, the National Investment Promotion Program and the National Investment Promotion Program. investment by ministries, ministerial-level agencies, and provincial-level People's Committees;

c) To assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and the Ministry of Planning and Investment in, allocating state budget for investment promotion activities of the overseas investment promotion division;

d) To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, ministries, ministerial-level agencies and provincial-level People's Committees in, resolving difficulties and problems related to the allocation and use of funds from the state budget. state books to carry out investment promotion activities;

dd) Guide the making, allocation, use and settlement of funds for investment promotion activities;

e) To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, guiding the collection and use of fees for registration of the national information system on investment promotion.

3. Duties and powers of the Ministry of Foreign Affairs:

a) Coordinating with the Ministry of Planning and Investment, ministries, ministerial-level agencies and provincial-level People's Committees in implementing investment promotion programs and activities, combining investment promotion activities in the field of investment promotion. foreign;

b) Support and participate in overseas investment promotion activities that have been approved according to the notice of the Ministry of Planning and Investment; in case new investment promotion activities arise, the overseas Vietnamese representative missions shall notify and agree with the Ministry of Planning and Investment before implementation;

c) To assume the prime responsibility for and guide overseas Vietnamese representative missions in managing the activities of overseas investment promotion focal points;

d) To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and the Ministry of Home Affairs in, submitting to the Prime Minister for decision the establishment and staffing of overseas investment promotion focal points;

dd) At the request of the Ministry of Planning and Investment, decide to appoint diplomatic posts and appoint officials to work at the focal point of overseas investment promotion;

e) Arrange appropriate facilities, means of transport, working conditions and operating funds for the overseas investment promotion focal point.

4. Tasks and powers of ministries, ministerial-level agencies and provincial-level People's Committees:

a) Take charge and cooperate with the Ministry of Planning and Investment and relevant ministries and ministerial-level agencies in formulating annual investment promotion programs and plans; propose activities to include in the National Investment Promotion Program;

b) Carry out investment promotion activities according to its competence;

c) Cooperate with ministries, ministerial-level agencies and provincial-level People's Committees in investment promotion activities.

Section 2. REPORT ON INVESTMENT ACTIVITIES, INVESTMENT PROMOTION AND OPERATION OF THE NATIONAL INVESTMENT INFORMATION SYSTEM

Article 101. Report contents and reporting period of state management agencies in charge of investment

1. The investment registration agency shall report to the provincial-level People's Committee the following contents:

a) Quarterly reports are made before the 15th of the first month of the quarter following the reporting quarter, including the following contents: Assessment of the status of receiving dossiers, granting, adjusting and revoking the Investment Registration Certificate and operation status of investment projects;

b) Annual report is made before April 10 of the year following the reporting year, including the following contents: Assessment of investment situation for the whole year, proposed plan for attracting and disbursing investment capital of the following year , portfolio of investment projects that are interested by investors.

2. Quarterly and annually, the provincial-level People's Committees shall summarize reports of investment registration agencies under their management to report to the Ministry of Planning and Investment according to the report contents specified in Clause 1 of this Article. Clause 05 of this Article after XNUMX working days from the end of the reporting period of the investment registration authority.

3. State management agencies provide information to the Ministry of Planning and Investment in accordance with the following regulations:

a) The Ministry of Finance: To provide quarterly information on the issuance, adjustment and revocation of the Investment Registration Certificate or other equivalent documents for insurance enterprises, securities companies; contract; annually synthesize annual financial statements of foreign-invested economic organizations nationwide to report on targets on import and export, financial situation, payments to state budget. State books of foreign-invested economic organizations. The time of quarterly reporting is before the 12th of the first month of the quarter following the reporting quarter, and the annual report is before May 31 of the year following the reporting year;

b) The Ministry of Industry and Trade: Quarterly report on the grant, adjustment, termination of operation and operation results of foreign investment projects in the field of oil and gas exploration and production in Vietnam. . The reporting time is before the 15th of the first month of the quarter following the reporting quarter;

c) The Ministry of Justice: To report quarterly on the grant, adjustment, termination and operation results of branches and law firms. The reporting time is before the 15th of the first month of the quarter following the reporting quarter;

d) The State Bank of Vietnam: Quarterly report on the granting, adjustment, termination and operation results of the commercial presence of financial companies and credit institutions. foreigners in Vietnam. The reporting time is before the 15th of the first month of the quarter following the reporting quarter;

dd) The Ministry of Labor, War Invalids and Social Affairs: To annually report on the status of registration and licensing for foreign workers at foreign-invested economic organizations. The reporting time is before April 15 of the year following the reporting year;

e) The Ministry of Science and Technology: To annually report on technology transfer of foreign-invested economic organizations. The reporting time is before April 15 of the year following the reporting year;

g) Provincial People's Committees: Annually report to the Ministry of Planning and Investment and the Ministry of Natural Resources and Environment on the situation of land allocation, lease and use of foreign-invested economic organizations. . The reporting time is before April 15 of the year following the reporting year.

4. The Ministry of Planning and Investment annually summarizes and reports to the Prime Minister on the investment situation nationwide according to the provisions of Point dd, Clause 2, Article 72 of the Law on Investment.

Article 102. Report contents and reporting period of economic organizations implementing investment projects

1. Economic organizations implementing investment projects shall report to the local investment registration agencies and state management agencies in charge of statistics.

2. Quarterly reports are made before the 10th of the first month of the quarter following the reporting quarter, including the following contents: realized investment capital, net revenue, export, import, labor, tax and bank payments. books, land use situation, water surface.

3. Annual reports must be made before March 31 of the following year of the reporting year, including the targets of the quarterly report and the targets of profits, incomes of employees, expenditures and investments for research. scientific research and technology development, environmental treatment and protection, technology origin used.

Article 103. Report contents and investment promotion reporting period

1. Ministries and provincial-level People's Committees are responsible for monitoring the progress, summarizing and reporting on the implementation of investment promotion activities under the national investment promotion program; investment promotion programs of their respective branches and localities in terms of: implementation results, completion level and annual periodical funding before January 31 of the following year.

2. The Ministry of Planning and Investment is responsible for summarizing and reporting to the Prime Minister on annual investment promotion nationwide in the second quarter of the following year.

Article 104. Reporting form

1. Investment project report:

a) Economic organizations implementing investment projects submit online reports through the National Investment Information System;

b) The investment registration authority shall submit written and online reports on the National Investment Information System.

2. Investment promotion report:

a) Ministries and provincial-level People's Committees shall send written reports to the Ministry of Planning and Investment and report online on the National Information System on Investment Promotion;

b) Agencies in charge of investment promotion activities submit online reports through the National Information System on Investment Promotion.

3. The Ministry of Planning and Investment shall prescribe the system of forms and urge and inspect the implementation of the reporting regime as prescribed in this Decree.

Article 105. Mechanism for coordination in management and operation of the National Investment Information System

1. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with relevant state management agencies in, building and operating the national investment information system; guide the management, operation and exploitation of the National Investment Information System.

2. Ministries, branches and provincial-level People's Committees are responsible for updating and providing information on investment activities under the management of branches and localities into the National Investment Information System; organize the exploitation and use of the National Investment Information System in accordance with the provisions of the Investment Law, this Decree and other relevant regulations.

3. The investment registration authority is responsible for using the National Investment Information System to perform operations related to the receipt, grant, adjustment and revocation of the Investment Registration Certificate; monitor, supervise and evaluate the implementation of investment projects; implement the investment reporting regime and guide economic organizations implementing investment projects to use the National Investment Information System as prescribed in this Decree.

4. The agency that manages and operates the National Information System on Investment and the National Information System on Business Registration shall exchange information on the business registration status of economic organizations. having foreign investment capital, the situation of capital contribution, share purchase and capital contribution portion of foreign investors when following the procedures specified in Articles 63 and 66 of this Decree, investment conditions apply to with foreign investors, the list of conditional business lines and industries and conditions for business investment as prescribed.

5. The agency managing and operating the National Information System on Investment Promotion is responsible for synthesizing information on the investment promotion situation nationwide; organize exploitation, provide information and support for agencies, organizations and enterprises to conduct investment promotion and connection activities.

6. Economic organizations implementing investment projects shall be granted accounts to access the national investment information system in order to make periodical reports according to regulations.

7. The Ministry of Planning and Investment shall guide in detail the management, operation, exploitation and use of the National Investment Information System.

Chapter IX

TERMS ENFORCEMENT

Section 1. AMENDMENTS AND SUPPLEMENTS SOME DECREES RELATED TO BUSINESS INVESTMENT

Article 106. Amending and supplementing a number of articles of Decree No. 46/2014/ND-CP dated May 15, 5 of the Government on collection of land rent and water surface rent

Amending and supplementing a number of articles of Decree No. 46/2014/ND-CP dated May 15, 5 of the Government on collection of land rent and water surface rent (amended and supplemented a number of articles under Decree No. Decree No. 2014/135/ND-CP dated September 2016, 09 of the Government amending and supplementing a number of articles of the Decrees stipulating the collection of land use levy, land rent and water surface rent, Decree No. No. 9/2016/ND-CP dated April 35, 2017 of the Government regulating the collection of land use levy, land rent, and water surface rent in economic zones and hi-tech parks, and Decree No. 03 /4/ND-CP dated November 2017, 123 of the Government amending and supplementing a number of articles of the Decrees stipulating the collection of land use levy, land rent and water surface rent) as follows:

1. To add Clause 4 to Article 19 as follows (replacing Clause 4 which was abolished under Decree No. 35/2017/ND-CP):

“4. For investment projects specified in Clause 2, Article 20 of the Law on Investment, the Prime Minister shall decide that the duration of land rent and water surface rent exemption shall not exceed 1,5 times the duration of the exemption from rent. land and water surface rent specified at Point d, Clause 3, Article 19 of this Decree and must not exceed the duration of the investment project.”.

2. To add Clause 2 to Article 20 as follows (replacing Clause 2 which was abolished under Decree No. 35/2017/ND-CP):

"2. For investment projects specified in Clause 2, Article 20 of the Law on Investment, the Prime Minister shall decide the reduction of land rent not exceeding 1,5 times compared with the reduction of land rent specified at Point a, Clause 1. This.".

Article 107. Amending and supplementing a number of articles of the Government's Decree No. 52/2020/ND-CP dated April 27, 4 on investment, construction and business of golf courses

1. To amend and supplement Article 10 as follows:

“Article 10. Order and procedures for approving investment policies, granting investment registration certificates, approving investors, adjusting golf course projects

1. Competence, dossiers, order and procedures for approval of investment policies, investors, grant of investment registration certificates, adjustment of investment projects on construction and business of golf courses shall be carried out. in accordance with the law on investment and this Decree.

2. Proposal for investment project on construction and business of golf course, including contents as prescribed by the law on investment and this Decree, including explanation on satisfaction of prescribed principles and conditions in Articles 3, 5, 6, 7 and 8 of this Decree.

3. Contents of appraisal of application for approval of investment policies, appraisal of contents of adjustment of investment projects on construction and business of golf courses shall comply with the provisions of the law on investment and this Decree, in which content of assessment of satisfaction of principles and conditions specified in Articles 3, 5, 6, 7 and 8 of this Decree.”.

2. To annul Clause 2, Article 13, Clauses 3 and 4, Article 14.

3. To amend and supplement Clause 4, Article 16 as follows:

“4. Approving investment policies for golf course projects under its jurisdiction in accordance with the law on investment; summarizing and evaluating the approval of investment policies and the implementation of golf course projects in the locality.

Article 108. Amending and supplementing a number of articles of the Government's Decree No. 25/2020/ND-CP dated February 28, 02 detailing the implementation of a number of articles of the Bidding Law on investor selection

1. Point b, Clause 1, Article 1 shall be amended as follows:

“b) Investment projects using land for construction of urban areas; construction of civil works with one or more functions, including: commercial housing; headquarters, working office; commercial and service works;”.

2. To amend Clause 4, Article 4 as follows:

“4. For projects with preliminary total project implementation costs (excluding costs of compensation, support, resettlement, land use levy, and land rent) from VND 800.000.000.000 (eight hundred billion) or more In addition to posting information specified at Point c, Clause 1 of this Article, information on investment projects using land must be posted in English and Vietnamese on the Commission's website. provincial people (if any).

The provisions of this Clause do not apply to projects in industries or trades that have not yet been able to access the market for foreign investors in accordance with the provisions of the law on investment.”.

3. Point a, Clause 2, Article 10 is amended as follows:

“a) Projects in industries or trades that have not been able to access the market for foreign investors according to the provisions of the law on investment;”.

4. To amend and supplement Article 11 as follows:

“Article 11. Conditions for determining investment projects using land”

Investment projects using land must select investors according to the provisions of this Decree when the following conditions are satisfied:

1. Belonging to the projects specified at Point b, Clause 1, Article 1 of this Decree without using public investment capital to build the works. Projects on construction of urban areas and commercial houses; office headquarters; Commercial and service works are classified according to the provisions of the law on construction. In case the project has many functions, the investment project using land shall be determined based on the main works of the project or the main works with the highest grade in case the project has many main works according to the provisions of law. construction law.

2. Belonging to the list of projects that need to be recovered land approved in accordance with the law on land, belonging to the land area currently being managed and used by the State that will be approved by the People's Committee of the province or the Management Board of the economic zone. land allocation, land lease to investors is approved.

3. Under the housing development program and plan in accordance with the housing law; urban development program (if any) in accordance with the law on urban development.

4. Conform to the socio-economic development plan, construction planning with the rate of 1/2.000 or 1/500 (if any) or urban zoning planning with the rate of 1/2.000 or the rate rate 1/5.000 as prescribed by law.

5. Failing to meet the conditions to organize an auction of land use rights in accordance with the law on land.

6. Not falling into the cases specified at Point b, Clause 4, Article 22 and Article 26 of the Bidding Law.”.

5. To amend and supplement Article 12 as follows:

“Article 12. List of investment projects using land

1. Projects specified in Article 11 of this Decree shall be incorporated into the list of investment projects using land, specifically as follows:

a) For projects subject to approval of investment policies according to the provisions of the law on investment, the decision on approval of investment policies is concurrently the document on approval of the list of investment projects using soil.

Pursuant to the decision approving the investment policy of the project in accordance with the law on investment, the Department of Planning and Investment shall coordinate with relevant agencies in determining the preliminary requirements on capacity and experience. investors, report to the provincial People's Committee for approval before announcing the project list. For projects implemented in economic zones, the economic zone management board shall determine and approve preliminary requirements on the investor's capacity and experience before announcing the project list.

b) For projects not subject to approval of investment policies according to the provisions of the law on investment, the formulation and approval of the list of investment projects using land shall comply with the provisions of Clauses 2 and 3 of this Article. XNUMX This.

2. Make a list of investment projects using land, for projects that are not subject to approval of investment policies according to the provisions of the law on investment:

a) In case the project is prepared by a specialized agency affiliated to the provincial People's Committee, an agency affiliated to the provincial People's Committee, or the district People's Committee:

Specialized agencies under the People's Committees of provinces, agencies attached to the People's Committees of provinces, and the People's Committees of districts shall make proposals for investment projects using land and send them to the Department of Planning and Investment. Proposal contents include: project name; investment objectives; investment scale; preliminary total cost of project implementation, investment capital; capital mobilization plan; investment term and progress; information on the current land use status at the project site, the expected land use demand (if any); purpose of using land; approved planning targets; project directory posting language; analyzing the socio-economic efficiency of the project, ensuring national defense, security and sustainable development of the investment project and preliminary requirements on the capacity and experience of the investor.

b) In case the project is proposed by the investor:

Investors may propose to implement investment projects using land other than the list of investment projects using land approved by the President of the provincial People's Committee. The investor makes a project proposal file and sends it to the Department of Planning and Investment for synthesis. The proposal dossier includes the following contents:

- A written request for implementation of an investment project using land, including a commitment to bear all costs and risks if the project proposal is not approved;

- Contents of investment project proposal include: project name; investment objectives; investment scale; preliminary total cost of project implementation, investment capital; capital mobilization plan; investment term and progress; analyzing the socio-economic efficiency of the project, ensuring national defense, security and sustainable development of the investment project;

- Proposed proposed land use demand; information on the current land use status at the project site (if any); purpose of using land; approved planning targets;

- Profile of the investor's legal status, capacity and experience;

– Other necessary documents to explain the project proposal (if any).

3. Approve the list of investment projects using land:

a) Within 30 days from the date of receipt of the project proposal specified at Point a or Point b, Clause 2 of this Article, the Department of Planning and Investment shall coordinate with relevant agencies in compiling a list of projects. investment using land; evaluate the satisfaction of conditions for determining land-using investment projects as prescribed in Article 11 of this Decree; determine the preliminary requirements of the investor's capacity and experience, and report to the President of the provincial People's Committee. In case of necessity, the implementation period can be extended according to actual requirements.

b) Within 10 days after receiving the report from the Department of Planning and Investment, the chairperson of the provincial People's Committee shall consider and approve the list of investment projects using land, which includes: preliminary requirements on the investor's capacity and experience.

4. Announcement of project list:

a) Pursuant to the decision approving the investment policy in accordance with the provisions of the law on investment or the approved list of investment projects using land, the Department of Planning and Investment or the Management Board of the economic zone ( for projects implemented in economic zones) publish the list of projects as prescribed at Point c, Clause 1, Clause 4, Article 4 and Clause 2, Article 5 of this Decree.

b) Contents of information disclosure:

- Name of project; investment objectives; investment scale; preliminary total cost of project implementation, investment capital; capital mobilization plan; investment term and progress;

- Information on the current status of land use at the project site, the area of ​​the land area for which the project is implemented; purpose of using land; approved planning targets;

- Preliminary requirements on the investor's capacity and experience;

– Time limit for investors to submit project implementation registration documents;

– The investor submits the application for project implementation registration on the national bidding network system;

– Other information (if necessary).”.

6. To amend and supplement Article 13 as follows:

“Article 13. Preparation, submission and preliminary assessment of capacity and experience of investors

1. The investor is responsible for preparing and submitting the application for registration of project implementation on the national bidding network system based on the information disclosed as prescribed at Point b, Clause 4, Article 12 of this Decree. . An investor's application for project implementation registration includes: A written registration for project implementation; profile of the investor's legal status, capacity and experience; other relevant documents (if any).

2. At the end of the project implementation registration deadline, the Department of Planning and Investment or the Economic Zone Management Board (for projects implemented in economic zones) shall organize a preliminary assessment of the capacity and experience of the project participants. the investor has submitted the application for project implementation registration on the national bidding network system.

3. Based on the results of preliminary assessment of capacity and experience, the agency specified in Clause 2 of this Article shall submit it to the President of the People's Committee of the province and the head of the Management Board of the economic zone (for real projects). existing economic zones) decide on the organization of implementation in accordance with one of the cases specified in Clauses 4, 5 and 6 of this Article.

4. In case there are two or more investors meeting the preliminary requirements on capacity and experience:

a) The President of the People's Committee of the province shall issue a decision to apply the form of open bidding as prescribed in Clause 1 or Clause 2, Article 10 of this Decree and assign a specialized agency of the People's Committee of the province to The agency directly under the People's Committee of the province, the People's Committee of the district is the party calling for bids.

b) The head of the management board of the economic zone shall issue a decision to apply the open bidding form as prescribed in Clause 1 or 2, Article 10 of this Decree and assign the unit under the Management Board of the economic zone to be the bid solicitor. for projects implemented in economic zones.

5. In case there is only one investor who has registered and meets the preliminary requirements for capacity and experience or there are many registered investors but only one investor meets the preliminary requirements for capacity , experience, carry out procedures for investor approval in accordance with the law on investment.

6. Pursuant to decisions and approvals of competent authorities specified in Clauses 4 and 5 of this Article, the Department of Planning and Investment or the Economic Zone Management Board (for projects implemented in economic zones) posting the list of investors meeting the requirements on the National Procurement Network or announcing the end of the procedure for announcing the project list in case there is no investor meeting the preliminary requirements on capacity, experience.".

7. To amend and supplement Article 16 as follows:

a) To amend and supplement Clause 1 as follows:

"first. Selection of investors to implement projects as prescribed at Point c, Clause 1, Article 1 of this Decree shall be carried out as follows:

a) The list of projects (including preliminary requirements on capacity and experience) must be approved and widely published on the national bidding network system, serving as a basis for determining the number of important investors. and submit application for project implementation registration.

b) In case there are two or more investors satisfying the preliminary requirements on capacity and experience, the bidding organization shall apply the open bidding process, including:

- Prepare investor selection;

- Organization of investor selection;

- Evaluation of technical proposals; appraise and approve the list of investors meeting technical requirements;

– Open and evaluate financial – commercial proposals;

– Submit, appraise, approve and publicize investor selection results;

- Negotiate, finalize and sign contracts.

c) In case there is one investor who has registered and meets the preliminary requirements on capacity and experience, or many registered investors but only one investor meets the preliminary requirements for capacity and experience, experience and carry out procedures for investor approval in accordance with the provisions of the law on investment.

d) If there is no investor meeting the preliminary requirements on capacity and experience, complete the procedures for announcing the project list.”;

b) To amend and supplement Clause 3 as follows:

“3. For projects specified at Point c, Clause 1, Article 1 of this Decree, according to specialized laws, ministries, ministerial-level agencies and government-attached agencies shall promulgate regulations or submit them to the Prime Minister. promulgate regulations on formulation, approval and publication of project lists; methods and criteria for evaluating bids, proposals and other contents (if any), ensuring the objectives of competition, fairness, transparency and economic efficiency, including content .”.

8. To amend and supplement Clause 1, Article 59 as follows:

"first. Contract signing principles

a) The bid-winning value (proposal for payment to the state budget proposed by the winning investor in the bid) is the contract-signing value.

b) Project implementation costs, compensation, support and resettlement expenses proposed by the winning investor in the bid dossier are recorded in the contract; In case of changes in planning, policies or laws that affect these costs, the provisions of the law on investment, construction, land, planning, housing and real estate business shall be complied with. and other relevant laws.

c) The payable land use levy and land rent determined according to the provisions of the law on land plus the payment to the state budget of the proposed winning investor shall be recognized as the market price at the time of assignment. land, lease land in the contract”.

9. To amend Article 60 as follows:

Replace the phrase “investor” with “the winning investor or the project enterprise established by the winning investor to implement the project”, “the winning investor” with “the winning investor”. or the project enterprise established by the winning investor to execute the project”.

Article 109. Amending and supplementing a number of articles of the Government's Decree No. 96/2016/ND-CP dated July 01, 7 stipulating security and order conditions for a number of investment sectors and professions conditional business

1. Clause 10 Article 3, Clause 7 Article 6, Article 10 and Article 34 are annulled.

2. The phrase "debt collection service business" is annulled at Point c, Clause 3, Article 19 and Point a, Clause 2, Article 24.

Article 110. Amending and supplementing a number of articles of the Government's Decree No. 82/2018/ND-CP dated May 22, 5 on management of industrial parks and economic zones

Clauses 2 and 3, Article 66 of Decree No. 82/2018/ND-CP dated May 22, 5 of the Government on regulations on management of industrial parks and economic zones are annulled.

Article 111. Amending and supplementing a number of articles of the Government's Decree No. 11/2013/ND-CP dated January 14, 01 on urban development investment management

1. To amend and supplement Article 29 as follows:

“Article 29. Collecting opinions for appraisal of the request for approval of investment policies for investment projects on construction of urban areas

1. The approval of investment policies for urban construction investment projects must comply with the provisions of the law on investment.

2. During the appraisal of urban area construction investment projects for approval of investment policies, the Ministry of Planning and Investment collects opinions from the Ministry of Construction on the contents specified in Clauses 3 and 4. 3 This Article applies to projects falling under the Prime Minister's authority to approve investment policies; the investment registration agency collects appraisal opinions of the Department of Construction on the contents specified in Clauses 4 and XNUMX of this Article, for projects falling under the competence of the People's Committees of the province to approve investment policies.

3. Contents of appraisal opinions for investment projects on construction of urban areas with houses:

a) The contents of collecting opinions for appraisal are the same as for housing construction investment projects according to the provisions of the law on housing;

b) Assess the suitability of the investment project with the urban development objectives and orientations in the approved urban development program (if any). In case the urban development program has not been approved by a competent authority, the conformity of the project with the urban development objectives and orientations in the approved general or provincial planning shall be assessed;

c) Consider the uniformity of the preliminary investment divergence plan, the proposed division of component projects (if any) and the preliminary plan for investment in construction and management of urban infrastructure within and outside the scope of the project. micro project.

4. Contents of appraisal opinions for investment projects on construction of urban areas without houses:

a) Assess the suitability of the investment project with the detailed planning (if any), zoning planning (if any). In case the detailed planning or zoning planning has not been approved by a competent authority, the conformity of the investment project with the general planning shall be assessed;

b) Contents specified at Points b and c, Clause 3 of this Article.”.

2. The following articles and clauses are annulled: Article 20, Article 21, Article 22, Article 23, Article 24, Article 25, Article 26, Article 27, Article 28, Article 30, Article 33, Clauses 8 and 9 Article 41 and Article 51.

Article 112. Amending and supplementing a number of articles of Decree No. 99/2003/ND-CP dated August 28, 8 on promulgation of regulations on hi-tech parks

1. Point e is added to Clause 1, Article 9 as follows:

“e) Implement science and technology strategies, plans and programs of the hi-tech park in order to develop high-tech products of a number of key industries along the value chain.”.

2. To amend and supplement Clause 1, Article 10 as follows:

"first. Hi-tech park enterprise means an enterprise established in accordance with the law and operating in a high-tech park, including: infrastructure development enterprises, high-tech enterprises, and high-tech service enterprises. , Hi-tech park development company, residential service enterprise and export processing enterprise”.

3. To add Article 15a as follows:

“Article 15a. Export processing enterprises in high-tech zones

1. Export processing enterprise in a high-tech park means an enterprise established and operating in an export processing zone of a high-tech park or an enterprise specializing in the production of high-tech products for export.

2. In addition to the investment incentives and supports prescribed in this Decree, export processing enterprises in high-tech zones may apply separate regulations applicable to export processing enterprises operating in industrial parks and business zones. according to the provisions of the law on industrial parks and economic zones.

In case an enterprise operating in a high-tech industrial park in a high-tech park meets the conditions for customs inspection and supervision, regulations applicable to non-tariff zones, and provisions of the law on import tax; Before the effective date of the Decree detailing and guiding the implementation of a number of articles of the Investment Law, the same provisions shall apply to export processing enterprises operating in industrial parks. economic zones according to the provisions of the law on industrial parks and economic zones from the day on which enterprises satisfy such conditions”.

4. To amend and supplement Clause 2, Article 35 as follows:

"2. Investment advocacy, investment management and construction

a) Formulate and organize the implementation of investment mobilization and promotion plans;

b) Issuing, adjusting and revoking the Investment Registration Certificate, the Decision approving the investment policy and exercising other powers of the investment registration authority in accordance with the Investment Law and other relevant documents. instruction;

c) Organize the selection of investors to implement the project according to the investor selection regulations promulgated by the Head of the Management Board of the hi-tech park on the basis of selection and application of articles and clauses of the law on bidding and other relevant laws. The selected investor shall carry out the procedures for investor approval according to the provisions of Point d Clause 7 Article 29 of the Decree detailing and guiding the implementation of the Investment Law 2021, as assigned by the Management Board of the Hi-Tech Park. land, lease land according to the provisions of the law on land and implement the project according to the provisions of the Decision approving the investment policy, the Decision approving the investor;

d) To decide on investment projects of groups B and C for investment items using state budget capital as authorized by the agency in charge of the hi-tech park;

dd) Organize the construction and exploitation of construction works and technical infrastructure in the hi-tech park.

e) Cooperate with domestic and foreign organizations, enterprises and individuals in fields related to investment in construction and development of hi-tech parks;

g) Inspect, supervise and evaluate the implementation of the contents specified in the Investment Registration Certificate, the Decision approving the investment policy of the investment project in the hi-tech park.”.

Article 113. Amending Decree No. 94/2020/ND-CP dated August 21, 8 providing preferential mechanisms and policies for the National Innovation Center

To amend and supplement Article 8 as follows:

“Article 8. Receipt of support, aid, sponsorship, donation

1. The Center is entitled to receive non-refundable official development assistance (ODA) capital to perform non-routine tasks as prescribed by law.

2. The Center is the recipient of non-refundable aid from foreign agencies, organizations and individuals to Vietnam.

Non-refundable aid to the Center is managed under the mechanism of the Center's lawful revenue source, not part of state budget revenue.

The order and procedures for receiving, managing and using non-refundable aid for the Center shall comply with the law on management and use of non-refundable aid that is not part of official development assistance. of foreign agencies, organizations and individuals for Vietnam. The Minister of Planning and Investment decides on the receipt of the Center's non-refundable aid.

3. The Center is entitled to use the non-refundable aid specified in Clause 2 of this Article and the grants and donations from domestic organizations and individuals (including the interest on deposits, the aid, funding), to invest in the construction of facilities, to pay recurrent expenses, to support the operation and management and operation of the Center.

4. Non-refundable aid that the Center is carrying out procedures for receiving at the time the Decree guiding the implementation of the Investment Law 2020 comes into effect, the mechanism specified in this Article shall apply.”.

Section 2. TRANSFER PROVISIONS

Article 114. Handling of valid dossiers submitted before the effective date of the Investment Law

1. A valid dossier as prescribed in Clause 11 Article 77 of the Law on Investment includes:

a) The dossier specified in Clause 11 Article 2 of Decree No. 118/2015/ND-CP dated November 12, 11 of the Government detailing and guiding the implementation of a number of articles of the Investment Law (after this is called Decree No. 2015/118/ND-CP) received by the Ministry of Planning and Investment, the investment registration agency under the provisions of Clause 2015, Article 1 of Decree No. 6/118/ND-CP;

b) The dossier is specified in Clause 3, Article 3 of the Government's Decree No. 83/2015/ND-CP dated September 25, 9 regulating outward investment.

2. Valid dossiers that have been received according to the provisions of Clause 1 of this Article and have a deadline for handling administrative procedures before January 01, 01 but have not yet been processed, shall continue to be processed under the provisions of law. Investment Law 2021, except for the case specified in Article 2014 of this Decree. In case the investor requests to carry out investment procedures under the Investment Law and this Decree, the settlement shall comply with the provisions of the Investment Law and this Decree.

3. An investment project with a valid dossier specified in Clauses 1 and 2 of this Article in order to carry out the procedures for deciding on investment policies or adjusting investment policies of the Prime Minister according to regulations. of the Investment Law 2014, now that the project is subject to approval of investment policy by the provincial People's Committee in accordance with the Law on Investment, the settlement shall be as follows:

a) In case the project has not been appraised by the Ministry of Planning and Investment according to the provisions of Clause 5, Article 34 of the Law on Investment 2014, the investment registration agency shall send written instructions to the investor to carry out the procedures. procedures for projects subject to approval of investment policies by the People's Committee of the province according to the provisions of the Investment Law and this Decree;

b) In case the project is being appraised by the Ministry of Planning and Investment under the provisions of Clause 5, Article 34 of the Law on Investment in 2014, but the appraisal report has not been prepared and submitted to the Prime Minister for decision on investment policies; or adjust the investment policy, the Ministry of Planning and Investment shall send the project appraisal opinion to the People's Committee of the province to carry out the procedures for approving the investment policy at the same time as the investor or the investor. adjust the investment policy in accordance with the provisions of the Law on Investment and this Decree;

c) In case the project has been prepared by the Ministry of Planning and Investment, the appraisal report is submitted to the Prime Minister for decision on investment policy or adjustment of investment policy, the Prime Minister shall decide or adjust the investment policy. invest in accordance with the provisions of the Investment Law 2014 or assign the provincial People's Committee to approve the investment policy or approve the adjustment of the investment policy in accordance with the provisions of the Investment Law and this Decree.

4. Valid dossiers received according to the provisions of Clause 1 of this Article and with the deadline for handling administrative procedures after January 01, 01, shall continue to be processed in accordance with the provisions of the Investment Law and Decree No. this. The Ministry of Planning and Investment and the investment registration agency shall send a written notice to the investor requesting to supplement the missing papers (if any) or adjust the contents of the submitted dossier accordingly. with the provisions of the Investment Law and this Decree. The time limit for settling investment procedures in this case is counted from the date the investor completes the adjustment and supplementation of the dossier.

5. For investment projects that have carried out the procedures for collecting opinions for appraisal under the provisions of the Investment Law 2014 and Decree No. 118/2015/ND-CP, the Ministry of Planning and Investment and the registration agency The investor may continue to use the dossier submitted by the investor and the appraisal opinion of the previous competent authority to make a report on appraisal, approval and adjustment of investment policies in accordance with the Law on Investment. and this Decree. The Ministry of Planning and Investment, the investment registration agency shall decide to request the investor to adjust and supplement the dossier, and obtain appraisal opinions of the competent authority on the adjusted and supplemented contents of the application. investment projects in case of necessity.

Article 115. Processing of valid dossiers for housing projects and investor selection bidding projects submitted before the effective date of the Investment Law

1. Investment projects on construction of works in urban areas, new urban areas, commercial houses, commercial and service works, multi-purpose complexes with valid dossiers submitted by investors for implementation of procedures. If you continue to decide on investment policies in accordance with the Law on Investment 2014 before April 20, 4 but have not yet decided on investment policies by January 2020, 01, the following procedures shall be followed:

a) In case the project is determined by a competent authority that bidding is not applicable under the provisions of Point b, Clause 1, Article 10 of the Government's Decree No. 30/2015/ND-CP dated March 17, 3 regulating expenditures, details of the implementation of a number of articles of the Bidding Law on investor selection (hereinafter referred to as Decree No. 2015/30/ND-CP), may continue to carry out the procedures for approval of investment policies according to the provisions of the Law on Bidding. Law on Investment 2015. Competent state agencies are responsible for determining projects that do not apply for bidding according to this regulation;

b) In case the project is determined by a competent authority to apply for bidding but the list of projects has not been approved as prescribed in Clause 1, Article 10 of Decree No. 30/2015/ND-CP, the provisions of this Law shall apply. of the Investment Law and this Decree.

2. Investment projects to build commercial houses, commercial and service facilities, multi-purpose works, multi-purpose complexes for business purposes with valid dossiers submitted by investors for carrying out procedures decision on investment policy according to the provisions of the Law on Investment 2014 from April 20, 4 but the decision on investment policy has not been decided by January 2020, 01, the following procedures shall be followed:

a) In case the project is determined by a competent authority to not fully satisfy the conditions specified in Article 11 of the Government's Decree No. 25/2020/ND-CP dated February 28, 02 detailing the If you implement a number of articles of the Bidding Law on investor selection (hereinafter referred to as Decree No. 2020/25/ND-CP), you may continue to carry out the procedures for approving investment policies in accordance with the Law on Investment. April 2020. Competent state agencies are responsible for determining projects that are not eligible for bidding according to this regulation;

b) In case the project is determined by a competent authority to fully satisfy the conditions specified in Article 11 of Decree No. 25/2020/ND-CP but the list of projects has not been approved as prescribed in Clause 3 Article 12 of Decree No. 25/2020/ND-CP shall comply with the provisions of the Investment Law and this Decree.

3. Investment projects must organize bidding according to the provisions of specialized laws and laws on socialization submitted by investors to carry out the procedures for deciding on investment policies in accordance with the provisions of the Law on Investment. 2014 from April 20, 4 but until January 2020, 01, the investment policy has not been decided, the following shall be implemented:

a) In case the project is determined by a competent authority that it is not required to organize bidding according to the provisions of specialized law and the law on socialization, it may continue to carry out the procedures for approval of investment policy. investment in accordance with the Law on Investment 2014. Competent state agencies are responsible for determining projects that do not apply for bidding according to this regulation;

b) In case the project is determined by a competent authority to be in the case of having to organize bidding in accordance with specialized laws and laws on socialization, but the list of projects has not yet been announced as prescribed in Clause 1 of this Article. Article 16 of Decree No. 25/2020/ND-CP shall comply with the provisions of the Investment Law and this Decree.

4. Investment projects on construction of houses and urban areas that have submitted dossiers according to the provisions of the law on housing, urban centers and construction before January 01, 01, shall be implemented as follows:

a) For a project for which an investor has been identified in accordance with the provisions of law in force at the time of identification of the investor and has submitted an application for approval of the investment policy in accordance with the Law on Housing; in 2014 but has not been resolved before January 01, 01, they can continue to carry out the procedures for approving investment policies according to the provisions of the Law on Housing 2021 and not have to carry out the procedures for approving investment policies. in accordance with the Investment Law.

b) For projects with undetermined investors, which have submitted dossiers of application for approval of investment policies according to the provisions of the Law on Housing 2014 but have not been resolved before January 01, 01, the following procedures shall be followed. provisions of the Investment Law and this Decree.

c) For projects that have submitted dossiers for adjustment of investment projects in accordance with the law on housing, urban areas and construction but have not yet been resolved before January 01, 01, the adjustment procedures shall be carried out. investment projects under the provisions of the Investment Law and this Decree.

d) If the project specified at Points b and c of this Clause has undergone the procedure for consulting relevant agencies in accordance with the law on housing, urban areas and construction, the Ministry of Planning and Investment, the investment registration agency may continue to use the application file submitted by the investor and the opinion of the previous competent authority to make a report on appraisal, approval of investment policy or approval of investment regulation. adjust the investment policy in accordance with the provisions of the Law on Investment and this Decree. The Ministry of Planning and Investment, the investment registration agency shall decide to request the investor to adjust and supplement the dossier, and obtain appraisal opinions of the competent authority on the adjusted and supplemented contents of the application. investment projects in case of necessity.

5. Investors who have submitted dossiers for carrying out procedures for transferring all or part of real estate projects in accordance with the law on real estate business before January 01, 01 are now subject to carry out the procedures for project transfer in accordance with the Law on Investment, choose to continue applying the procedures as prescribed by the law on real estate business or carry out the procedures in accordance with the Law on Investment and Decree No. this. The investor sends a notice to the application-receiving agency of the choice to apply legal documents to settle administrative procedures. In case of choosing to carry out investment procedures in accordance with the provisions of the Law on Investment and this Decree, the investor shall submit additional missing documents (if any) or amend or supplement the contents of the completed application. to comply with the provisions of the Investment Law and this Decree.

Article 116. Implementation of investment projects implemented before the effective date of the Investment Law

1. Investors may continue to implement investment projects according to the Investment License, Certificate of Investment Incentives, Investment Certificate, Certificate of Investment Registration or other valid documents. equivalent issued by a competent state agency before the effective date of the Law on Investment without having to carry out the procedures for approval of investment policies in accordance with the provisions of the Investment Law and this Decree, unless adjust the investment project according to the provisions of Clauses 1 and 3, Article 117 of this Decree.

2. Investment license, investment incentive certificate, investment certificate, investment registration certificate, offshore investment license, offshore investment certificate or other relevant papers equivalent legal value issued by a competent state agency before the effective date of the Investment Law has the same legal validity as the Investment Registration Certificate.

3. Papers of equivalent legal validity specified in Clause 1 of this Article are documents or decisions of competent state agencies to decide on investment policies or to permit or approve project investment according to regulations. provisions of the law on investment, land, construction, housing, urban areas, bidding and enterprises in effect at the time of promulgation of this document or decision.

4. Point dd, Clause 2, Article 47 of the Law on Investment applies to cases where the investor fails to comply with the contents of the Investment License, Investment Incentive Certificate, Investment Certificate, or Registration Certificate. sign investment or decide on investment policy, approve investment policy or approve investment in accordance with the law on investment, housing, urban and construction before the effective date of the Investment Law.

Article 117. Adjustment of investment projects made before the effective date of the Law on Investment

1. Investment projects specified at Points b, c and d, Clause 2, Article 77 of the Law on Investment are not required to carry out procedures for approval of investment policies or adjustment of approval of investment policies when adjusting projects. investment, except in the following cases:

a) Changing or supplementing contents and objectives of which the changed or supplemented contents or objectives are subject to approval of investment policies specified in Articles 30, 31 and 32 of the Law on Investment;

b) Expanding the scale of an investment project, leading to the project being approved for investment policies specified in Articles 30, 31 and 32 of the Law on Investment;

c) Adjustment of the investment project, including the addition of one of the following contents: Requesting the State to allocate or lease land without auction, bidding or transfer of land use rights or attached assets. with soil; request the State to permit the change of land use purpose, except for the case of land allocation, land lease or permission to change the land use purpose of households and individuals who are not required to obtain written approval from the Commission. provincial people according to the provisions of the law on land.

2. In case of adjustment of the contents specified at Points a, b and c, Clause 1 of this Article, the investor shall carry out the procedures for approval of the investment policy according to the corresponding provisions in Section 2, Chapter IV of this Decree. before adjusting the investment project. In this case, the state agency competent to approve the investment policy shall consider the adjustment contents to approve the investment policy.

3. The case of adjustment of an investment project specified at Point a, Clause 2, Article 77 of the Law on Investment and the adjustment content falls into one of the cases specified at Points a, b, c, d, dd, e and g Clause 3, Article 41 of the Law on Investment, the investor shall carry out the procedures for adjusting the investment policy according to the following provisions:

a) The agency competent to approve investment policies in accordance with the Law on Investment is the agency competent to adjust the written decision on investment intentions, the written approval of the investment policy or the written approval of the investment policy. investment of that investment project, except for the cases specified at Points b and c of this Clause;

b) In case of adjustment of an investment project that is not subject to the investment policy decision, investment policy approval or investment approval of the Prime Minister according to the provisions of law before the effective date of the Investment Law; but is now subject to the approval of the Prime Minister's investment policy in accordance with the Investment Law, the Prime Minister shall approve the adjustment of the investment policy in case of expansion of the land use area. or supplement contents and objectives subject to approval of investment policies specified in Article 31 of the Law on Investment. In addition to the contents subject to the Prime Minister's approval for adjustment of investment policies specified at this point, the provincial-level People's Committees or the management boards of industrial parks, export processing zones, high-tech zones and economic zones shall be subject to approval from the Prime Minister. The Government approves the adjustment of investment policies in accordance with the provisions of the Investment Law and the Decree when adjusting other contents specified at Points a, b, c, d, dd, e and g, Clause 3, Article 41 of the Law. Investment;

c) In case of adjustment of an investment project with a total investment capital of over VND 5.000 billion, which falls under the Prime Minister's authority to decide on investment policies according to the provisions of the 2014 Investment Law but has been granted a license by the People's Committee The province or the Management Board of industrial parks, export processing zones, high-tech zones and economic zones shall approve the investment policy as prescribed in Clause 9 Article 31 or Clause 3 Article 32 of Decree No. 118/2015/ND- Government, the Prime Minister approves the adjustment of investment policies in case of expansion of the land use area or the addition of contents and objectives subject to approval of investment policies specified in Article 31 of the Law on Investment. . In addition to the contents subject to the Prime Minister's approval for adjustment of investment policies specified at this point, the provincial-level People's Committees or the management boards of industrial parks, export processing zones, high-tech zones and economic zones shall be subject to approval from the Prime Minister. The Government approves the adjustment of investment policies in accordance with the provisions of the Investment Law and this Decree when adjusting other contents specified at Points a, b, c, d, dd, e and g, Clause 3, Article 41 of this Decree. Investment law;

d) The investor shall carry out the procedures for adjustment of investment policies according to the relevant provisions in Section 4, Chapter IV of this Decree when adjusting the contents specified in this Clause, except for the case specified at Point d, Clause 4. This.

4. Investment projects whose investment policies are decided by a competent state agency, approved by investment policies, or approved for investment in accordance with the law on investment, housing, urban areas and construction Before the effective date of the Investment Law, the progress may be adjusted according to the following provisions:

a) If the project has adjusted its implementation schedule before the effective date of the Law on Investment, it may continue to adjust the implementation schedule of the investment project in accordance with the provisions of the Investment Law and this Decree, but not be adjusted for more than 24 months from January 01, 01 (if the time of completion of the last investment project implementation schedule in the decision on investment policies, the written approval of investment, the investment registration issued before January 2021, 01, or no later than 01 months from the time of completion of the implementation schedule of the last investment project in the decision on investment policies, the written approval for investment. Investment registration certificate, investment registration certificate (if the time of completion of the last investment project implementation schedule in the decision on investment policies, the written approval for investment, the investment registration certificate has been completed). issued after January 2021, 24, except for the cases specified at Points a, b, c, d, dd and e, Clause 01, Article 01 of the Law on Investment.

b) If the project has not adjusted the project implementation schedule before the effective date of the Investment Law, the investment project implementation schedule may be adjusted according to the provisions of the Investment Law and this Decree but not adjusted for more than 24 months from January 01, 01 (if the time of completion of the last investment project implementation schedule in the decision on investment policies, the written approval of investment, the investment registration issued before January 2021, 01, or no later than 01 months from the time of completion of the implementation schedule of the last investment project in the decision on investment policies, the written approval for investment. Investment registration certificate, investment registration certificate (if the time of completion of the final investment project implementation schedule in the decision on investment policies, the written approval of investment, the investment registration certificate has been completed). issued after January 2021, 24, except for the cases specified at Points a, b, c, d, dd and e, Clause 01, Article 01 of the Law on Investment;

c) If the written decision on investment policy, approval of investment policy or approval of investment does not specify the project implementation schedule or the progress of the project implementation phases, the investor may adjust the project implementation schedule. investment policy, investment approval to determine the project implementation schedule, the progress of the project implementation stages. The authority to adjust investment projects shall comply with the provisions of Clause 3 of this Article and the order and procedures for adjustment of investment policies shall comply with the corresponding provisions in Section 4, Chapter IV of this Decree.

d) For an investment project whose implementation schedule is adjusted in one of the cases specified at Points a, b, c and d, Clause 4, Article 41 of the Law on Investment, the investor is not required to carry out the following procedures: approve the adjustment of investment policy when prolonging the project implementation schedule beyond 12 months. The investment registration authority shall carry out the procedures for adjusting the Investment Registration Certificate according to the provisions of Article 47 of this Decree for the project which has been granted the Investment Registration Certificate.

5. When adjusting an investment project that does not fall into the cases specified in Clauses 1 and 3 of this Article, the contents of the Investment License, Investment Incentive Certificate, Investment Certificate or Certificate are changed. investment registration or equivalent legal documents issued before the effective date of the Investment Law, the investor shall carry out the procedures corresponding to the procedure for adjusting the Investment Registration Certificate in accordance with the provisions of the Law on Investment. specified in Article 47 of this Decree at the investment registration agency in order to be granted an investment registration certificate. The investment registration certificate stipulates the adjusted investment project's contents and records all contents of the unadjusted investment project, which is valid according to the provisions of the Investment License, Investment Certificate, and Investment Certificate. Investment certificate, Certificate of investment incentives, Certificate of investment registration and papers of equivalent legal validity.

6. In case an investment license, investment certificate or paper of equivalent legal validity specified in Clause 5 of this Article concurrently stipulates business registration contents, the investment registration authority shall issue the Certificate. investment registration certificate for investors to replace the investment project content in the investment license, investment certificate or other papers of equivalent legal validity according to the principles specified in Clause 5 of this Article. this. Contents of business registration in the Investment License, Investment Certificate or equivalent legal documents continue to be valid.

Article 118. Implementation of investment projects on the list of industries and trades with conditional outward investment in accordance with the Law on Investment

Investors whose outward investment projects have been granted licenses, certificates of outward investment, certificates of outward investment registration before the effective date of the Investment Law, now belong to the following sectors: If you are in a conditional offshore investment profession as prescribed in Clause 1, Article 54 of the Law on Investment, when adjusting to a change of Vietnamese investor or increasing outward investment capital, it must satisfy the conditions specified in Clause 72 of this Article. in Article XNUMX of this Decree.

Article 119. Investment activities of foreign-invested economic organizations established before the effective date of the Law on Investment

1. Economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment are not required to satisfy the conditions and carry out investment procedures as prescribed for foreign investors in accordance with regulations of the Law on Investment. Law on Investment and this Decree in case the establishment of other economic organizations or investment in the form of capital contribution, purchase of shares, purchase of contributed capital of other economic organizations or investment in the form of BCC contract of that economic organization before the effective date of the Investment Law.

2. From the effective date of the Investment Law, economic organizations established before the effective date of the Investment Law and falling into one of the cases specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment Investors must meet the conditions and carry out investment procedures as prescribed for foreign investors in accordance with the provisions of the Law on Investment and this Decree when adjusting investment projects made before the effective date of the Law on Investment. effect; changing and supplementing investment and business lines; establishing other economic organizations; investment in the form of capital contribution, share purchase, purchase of capital contributions of other economic organizations; investment in the form of BCC contract.

3. When adjusting investment projects specified in Clause 2 of this Article, economic organizations shall carry out procedures for approving investment policies or adjusting investment policies, granting investment registration certificates or adjusting investment policies. Investment registration certificate in accordance with the respective provisions of the Investment Law and this Decree. The investment registration agency only considers the satisfaction of investment conditions for the proposed adjustment without reviewing the contents of the project in progress.

Article 120. Carrying out procedures for investor selection in the form of land use right auction before the effective date of the Investment Law

1. The project has a land use right auction plan approved by a competent state agency and has not held an auction of land use rights in accordance with the law on land before January 01, 01 or a project that is holding an auction of land use rights in accordance with the law on land and has not yet received an auction winning result before January 2021, 01, may continue to organize the auction and carry out further procedures. as prescribed in Clause 01 or Clause 2021 of this Article.

2. For projects subject to the approval of investment policies of the National Assembly or the Prime Minister as prescribed in Articles 30 and 31 of the Law on Investment, the winning investor shall comply with the provisions of Clause 1 of this Article. carry out the procedures corresponding to the procedures for approval of investment policies concurrently with investor approval for projects subject to approval of investment policies by the National Assembly or the Prime Minister according to the provisions of this Decree. .

3. For projects not subject to approval of investment policies by the National Assembly or the Prime Minister as prescribed in Articles 30 and 31 of the Law on Investment, the investor shall carry out procedures for issuance of a Registration Certificate. investment (if any) without having to go through the procedures for approval of investment policies in accordance with the provisions of the Investment Law and this Decree.

Article 121. Carrying out procedures for investor selection in the form of bidding before the effective date of the Law on Investment

1. Projects on the list of approved projects but not yet posted on the national bidding network system in accordance with the law on bidding on investor selection before January 01, 01, shall be executed. appear as follows:

a) For projects subject to approval of investment policies in accordance with the Law on Investment, carry out procedures for approval of investment policies and other procedures in accordance with the provisions of the Law on Investment and this Decree;

b) For projects not subject to approval of investment policies according to the Law on Investment, the list of projects shall be announced in accordance with the law on bidding.

2. Projects on the list of projects that have been posted on the national bidding network system according to the law on bidding shall do the following:

a) Projects specified at Point b, Clause 1, Article 1 of Decree No. 25/2020/ND-CP that have not had preliminary assessment results on capacity and experience before January 01, 01, shall continue to be assessed according to regulations. provisions of Decree No. 2021/25/ND-CP and follow the procedures specified in Clause 2020 or Clause 3 of this Article;

b) Projects specified at point c, clause 1, Article 1 of Decree No. 25/2020/ND-CP, but the number of interested investors has not been determined before January 01, 01, the number of interested investors shall continue to be determined. interested investment in accordance with the provisions of Decree No. 2021/25/ND-CP and carry out the procedures specified in Clause 2020 or Clause 3 of this Article;

c) The project specified at Points b and c, Clause 1, Article 1 of Decree No. 25/2020/ND-CP has had preliminary assessment results on capacity and experience or has determined the number of important investors. 25/2020/ND-CP before January 01, 01, the provisions of Clause 2021 or Clause 3 of this Article shall apply.

3. In case there is an investor who meets the preliminary requirements on capacity and experience as prescribed at Point b, Clause 3, Article 13 of Decree No. 25/2020/ND-CP or there is an interested investor according to specified at Point c, Clause 1, Article 16 of Decree No. 25/2020/ND-CP, the following shall be done:

a) For projects subject to approval of investment policies according to the provisions of the Law on Investment, the investor shall carry out the procedures corresponding to the procedures for approval of investment policies and concurrently with the investor's approval in accordance with the provisions of the Law on Investment. defined in Articles 31, 32 and 33 of this Decree;

b) For projects that are not subject to approval of investment policies according to the provisions of the Law on Investment, the investor shall carry out the procedures for investor approval according to the provisions of Clause 2, Article 30 of this Decree.

4. In case there are two or more investors who meet the preliminary requirements on capacity and experience as prescribed at Point a, Clause 3, Article 13 of Decree No. 25/2020/ND-CP, or have two or more investors. If investors or more are interested according to the provisions of Point b, Clause 1, Article 16 of Decree No. 25/2020/ND-CP, the following procedures shall be followed:

a) For projects falling under the Prime Minister's authority to approve investment policies in accordance with the Law on Investment, the procedures for approval of investment policies according to the provisions of the Investment Law and this Decree shall be carried out before when organizing the selection of investors in accordance with the law on bidding;

b) For projects falling under the authority of the People's Committee to approve investment policies of the province in accordance with the Law on Investment, the investor shall be selected according to the provisions of the law on bidding without having to carry out the bidding process. carry out the procedures for approving investment policies in accordance with the Law on Investment and this Decree;

c) For projects not subject to approval of investment policies according to the provisions of the Law on Investment, the investor shall be selected according to the provisions of the law on bidding;

d) The winning investor is not required to carry out the investor approval procedure in accordance with the provisions of the Investment Law and this Decree.

5. In case the project has a prequalification dossier or a bidding dossier, the request for proposals shall be issued according to the provisions of Decree No. 30/2015/ND-CP and is in the process of January 01, 01. pre-qualification organization or investor selection organization shall continue to comply with the provisions of Decree No. 2021/30/ND-CP without having to carry out the procedures for approval of investment policy or investor approval. under the provisions of the Investment Law and this Decree.

6. For investment projects on construction of houses and urban areas, investment policies have been approved by a competent state agency according to the provisions of the Law on Housing 2014 before January 01, 01, in which When determining the form of bidding for investor selection, the procedures for approval of investment policies are not required in accordance with the provisions of the Investment Law and this Decree and shall be carried out as follows:

a) If the list of projects has not been approved, the preliminary requirements on capacity and experience shall be approved before publicizing the project list without having to approve the project list as prescribed by law. the law on bidding;

b) Cases related to the investor selection organization shall comply with the corresponding provisions in Clauses 1 and 2 of this Article. Investors implementing investment projects specified at Point a, Clause 3 of this Article shall carry out the procedures for investor approval as prescribed in Clause 2, Article 30 of this Decree.

Article 122. Implementation of other projects under Build-Transfer (BT) contracts

1. The BT project contract stipulates that other projects must carry out procedures for investment policy decision, investment policy approval or investment approval in accordance with the law on investment, housing, urban areas and investment. construction but not yet implemented by January 01, 01, the investor shall carry out the procedures for approving the investment policy at the same time as the investor's approval without going through the auction of land use rights or through bidding. select investors according to the provisions of the Law on Investment and this Decree; In case the investor has carried out but has not yet had the procedures resolved, the provisions of Article 2021 or Point a, Clause 114, Article 4 of this Decree shall apply.

2. The BT project contract does not stipulate that other projects carry out the procedures for deciding on investment policies, approving investment policies or approving investment in accordance with the law on investment, housing, urban areas and investment projects. construction but the investor wishes to carry out and has submitted a valid application, until January 01, 01, the procedures have not been resolved, the provisions of Article 2021 or Point a, Clause 114, Article 4 of Decree No. this provision; In case the dossier has not yet been submitted, the procedures for approving the investment policy shall be carried out concurrently with the investor's approval, not through the auction of land use rights or through bidding to select the investor in accordance with the provisions of this Law. Investment and this Decree.

3. Except for the cases specified in Clauses 1 and 2 of this Article, the BT project is eligible for transition under the law on investment in the form of public-private partnership but the other project has not yet carried out the policy decision procedure. Investment, approval of investment policy or approval of investment in accordance with the law on investment, housing, urban areas and construction before January 01, 01 and investors wishing to implement, shall do so. The procedures for approving investment policies are concurrently with investors' approval without going through auction of land use rights or through bidding to select investors according to the provisions of the Investment Law and this Decree.

Article 123. Investment project implementation guarantee for investment projects implemented before the effective date of the Investment Law

1. Investors who have signed an escrow Agreement with the head registration agency before the effective date of the Investment Law may continue to perform under the signed Agreement.

2. In case the investor requests to change the form of project performance security in order to apply the escrow guarantee under the provisions of the Investment Law and this Decree or adjust the conditions for deposit refund The investor shall reach agreement with the Investment Registration Authority to adjust the signed Escrow Agreement in accordance with the provisions of the Investment Law and this Decree.

3. The adjustment of the Escrow Agreement as prescribed in Clause 2 of this Article shall only be applied to the part of the obligation whose performance deadline is after the effective date of this Decree. In case the investor is violating the obligation to perform the project, it is not allowed to request to change the form of the project performance guarantee or the conditions for the return of the deposit until the violation has been handled. The adjustment of the Margin Agreement under this clause does not apply to the amount of the margin that has been refunded or not refunded prior to the date of the adjustment of the Margin Agreement.

4. Investors who have not signed an escrow agreement in accordance with the provisions of the law on investment before the effective date of the Investment Law and this Decree shall comply with the provisions on ensuring the implementation of investment projects according to the provisions of the Law on Investment. provisions of the Investment Law and this Decree.

5. In case of adjustment of objectives and progress of an investment project, change of land use purpose of an investment project specified in Clause 4, Article 77 of the Law on Investment, resulting in the project being subject to a deposit or must have a guarantee for escrow obligations to secure the implementation of an investment project in accordance with the Law on Investment and this Decree, the investor must make a deposit or must have a bank guarantee for the escrow obligation according to the provisions of the Law on Investment and this Decree. the provisions of the Investment Law and this Decree for the part of the project are adjusted.

Article 124. Adjustment of a project with a commitment to transfer assets without compensation to the State of Vietnam or the Vietnamese Party

1. For investment projects in which foreign investors commit to transfer assets without compensation to the State of Vietnam or to the Vietnamese Party (hereinafter referred to as Projects with commitments to transfer without compensation). refund), after the expiry of the operation term of the investment project as prescribed in the Investment License, Investment Certificate, Investment Registration Certificate, the foreign investor (in case the investor foreign investment in the form of a business cooperation contract) or a foreign-invested economic organization that is obliged to transfer without refund the original state of its assets in normal operating conditions to the State of Vietnam or The Vietnamese side is a state-owned enterprise.

2. Projects with a commitment to non-refundable transfer shall not be considered to add conditions for non-refundable transfer of committed assets as prescribed in Clause 1 of this Article and must not adjust the contents of projects with commitments to transfer the committed assets. non-refundable delivery leads to a change in the conditions for the transfer of such property, except for the cases specified in Clauses 3 and 4 of this Article.

3. In case the Vietnamese party being a state-owned enterprise (hereinafter referred to as the Vietnamese party for short) is delayed in handing over the land to contribute capital equal to the value of land use rights, the time for the late handover of the land by the Vietnamese party shall not be counted. into the operation term of the Project with a commitment to transfer without compensation.

4. Where the Vietnamese party being a state-owned enterprise transfers all or part of its contributed capital in the foreign-invested enterprise, the determination of the value of the transferred contributed capital of such enterprise shall be carried out in the form of: public auction method to apply the highest price offered to the foreign party. In case the foreign party fails to purchase or does not purchase all the contributed capital at the highest price, the contributed capital portion of the Vietnamese party shall be sold to the organization or individual that has paid the highest price.

Conditions, order and procedures for transferring part or all of the contributed capital of the Vietnamese party being a state enterprise shall comply with the law on management and use of state capital invested in production and business in Vietnam. business and corporate law.

5. The adjustment of a project with a commitment to non-refundable transfer under Clauses 3 and 4 of this Article must be approved by the Prime Minister. The investor shall carry out the procedures for project adjustment according to the corresponding provisions in Section 4, Chapter IV of this Decree.

Article 125. Disposal of property after the transfer without compensation to the State of Vietnam or the Vietnamese Party

1. The establishment of the entire people's ownership and management of the project's assets with a commitment to transfer the property without compensation (hereinafter referred to as the transferred property) to the State of Vietnam after the operation is completed. comply with the law on management and use of public property.

2. If the transferee is an enterprise in which 100% of charter capital is held by the State, the handling of the transferred property shall be decided by the agency representing the owner of the state enterprise in accordance with the law on manage and use state capital invested in production and business in enterprises.

3. If the transferee is an equitized state enterprise, the property shall be transferred to the State shareholder or to the State of Vietnam if the State no longer has a stake in the enterprise. The handling of transferred assets in these cases shall comply with the corresponding provisions in Clauses 1 and 2 of this Article.

4. After the land use term expires, the handling of land use rights shall comply with the provisions of the land law.

Article 126. Organization and operation of enterprises granted investment licenses and investment certificates (also the business registration certificates)

1. Enterprises operating under the Investment License may continue to organize and operate in accordance with the provisions of the Investment License and the Enterprise Charter. For matters not specified in the Investment License and the Enterprise Charter, the enterprise shall comply with the provisions of the Law on Enterprises, the Law on Investment and relevant laws according to the following principles:

a) An enterprise with 100% foreign capital owned by a foreign investor shall comply with the corresponding regulations applicable to a one-member limited liability company;

b) Enterprises with 100% foreign capital owned by two or more foreign investors and joint venture enterprises shall comply with the corresponding regulations for limited liability companies with two or more members;

c) Foreign-invested joint stock companies established under the Government's Decree No. 38/2003/ND-CP dated April 15, 4 on the conversion of a number of foreign-invested enterprises into foreign-invested enterprises. operating in the form of a joint-stock company shall comply with regulations applicable to a joint-stock company.

2. Enterprises operating under the Investment Certificate (also the Business Registration Certificate) may continue to organize and operate under the Investment Certificate (also the Business Registration Certificate). and Articles of Association. For matters not specified in the Investment Certificate (also the Certificate of Business Registration) and the Enterprise Charter, the enterprise shall comply with the provisions of the Law on Enterprises, the Law on Investment and the Law on Investment. relevant law.

Article 127. Change of Certificate of Investment Registration, Certificate of Business Registration

1. Investors whose investment projects are granted investment licenses, certificates of investment incentives, investment certificates or papers of equivalent legal validity before the effective date of the Investment Law transferred to operate under the Investment Registration Certificate according to the following procedures:

a) The investor shall submit 01 set of application for renewal of the Investment Registration Certificate to the investment registration authority, including the written request for change of the Investment Registration Certificate, a copy of the Investment License, the Investment Registration Certificate, and the Investment Registration Certificate. investment incentives, investment certificates or papers of equivalent legal value;

b) The investment registration authority shall issue and renew the Investment Registration Certificate to the investor within 03 working days from the date of receipt of the dossier as prescribed at Point a of this Clause. The investment registration certificate specifies the contents of the investment project in the Investment License, Certificate of Investment Incentives, Investment Certificate or papers of equivalent legal validity. Contents of business registration in the Investment License, Investment Incentive Certificate, Investment Certificate or equivalent document shall continue to be valid.

2. Enterprises operating under an Investment License, an Investment Certificate (also a Business Registration Certificate) or a paper of equivalent legal validity (hereinafter collectively referred to as the Certificate of Business Registration). ) issued before the effective date of the Investment Law may continue to operate according to the contents of such certificates without having to carry out the procedures for granting and changing to an Enterprise Registration Certificate.

3. In case there is a request to change the Investment Registration Certificate, Business Registration Certificate instead of the Investment License, Investment Certificate (also the Business Registration Certificate) or With papers of equivalent legal validity, the investor shall carry out the following procedures:

a) Change the certificate of enterprise registration as prescribed in Clause 2 of this Article;

b) Change the Investment Registration Certificate as prescribed in Clause 1 of this Article (the application for renewal of the Investment Registration Certificate includes a copy of the Business Registration Certificate issued under Clause 2 of this Article). and dossiers as prescribed at Point a, Clause 1 of this Article).

4. An enterprise that is granted an enterprise registration certificate according to the provisions of Clauses 2 and 3 of this Article may continue to exercise all the rights and obligations of the enterprise specified in the investment license, investment certificate, and investment certificate. Investment project (also the Certificate of Business Registration) or a document of equivalent legal validity from the date of issuance of the Certificate of Business Registration, which contains the rights and obligations for the investment project. ; Investors specified in the Investment License, Investment Certificate (also the Certificate of Business Registration) or an equivalent document shall exercise their rights and obligations to the investment project. as a member or shareholder in the enterprise.

5. When the operation term of the investment project expires or when the investment project is terminated, the enterprise shall operate under the Investment License, Investment Certificate (also the Business Registration Certificate). business) or an equivalent legal document shall carry out the procedures for terminating the operation of an investment project in accordance with the provisions of the Investment Law and this Decree without forcing the termination of the operation of the enterprise, except for otherwise provided by law.

Article 128. Change of business registration contents in the Investment License, Investment Certificate (also the Business Registration Certificate)

1. An enterprise operating under an Investment License, an Investment Certificate (also a Business Registration Certificate) or an equivalent document shall make changes to its business registration information at business registration agency in accordance with the enterprise law.

2. In case of simultaneous adjustment of business registration contents and investment project contents, the economic organization shall carry out procedures for adjusting business registration contents at the business registration authority to be granted a Certificate. receive enterprise registration as prescribed in Clause 1 of this Article. After being granted an enterprise registration certificate, the economic organization shall adjust the contents of the investment project at the investment registration agency to obtain an investment registration certificate according to the corresponding provisions in Article 117 of Decree No. this determination.

3. In case of modification of operation registration contents of branches, representative offices of enterprises operating under the Investment License, Investment Certificate (also the Certificate of Business Registration) or papers with equivalent legal validity issued before the effective date of the Investment Law, the enterprise shall carry out the procedures in accordance with the corresponding provisions of the law on enterprises.

Article 129. Business suspension, operation termination, reorganization, dissolution of enterprises operating under the Investment License, Investment Certificate (also the Business Registration Certificate)

1. Enterprises operating under an Investment License or an Investment Certificate (also a Business Registration Certificate) shall carry out procedures for business suspension, operation termination, reorganization and dissolution at business registration agency.

2. Dossier, order and procedures for business suspension, operation termination, reorganization, dissolution of enterprises operating under the Investment License, Investment Certificate (also the Certificate of Registration). business) comply with the provisions of the law on enterprises.

Article 130. Implementation of investment promotion programs and activities

Investment promotion programs and activities in 2021 are being developed and implemented according to the Prime Minister's Decision promulgating the State management regulations on investment promotion activities and the Prime Minister's Decision No. Regulations on formulation and implementation of the National Investment Promotion Program shall continue to comply with the provisions of these Decisions.

Section 3. SMALL IMPLEMENTATION PROVISIONS

Article 131. Enforcement

1. This Decree takes effect from the date of signing.

2. The following Decrees and regulations cease to be effective from the effective date of the Law on Investment:

a) Decree No. 118/2015/ND-CP dated November 12, 11 of the Government detailing and guiding the implementation of a number of articles of the Investment Law;

b) Decree No. 37/2020/ND-CP dated March 30, 3 supplementing the List of industries and professions eligible for investment incentives issued together with Decree No. 2020/118/ND-CP dated March 2015, XNUMX 12 November 11 of the Government detailing and guiding the implementation of a number of articles of the Investment Law;

c) Decree No. 83/2015/ND-CP dated September 25, 9 of the Government on regulations on outward investment;

d) Decree No. 104/2007/ND-CP dated June 14, 6 of the Government on debt collection service business;

dd) Decree No. 69/2016/ND-CP dated July 01, 7 of the Government on conditions for debt trading service business;

e) Decree No. 79/2016/ND-CP dated July 01, 7 of the Government stipulating conditions for providing training services to foster professional knowledge and skills in management and operation of apartment buildings; knowledge of real estate brokerage practice, real estate trading floor operation;

g) Article 2 of Decree No. 100/2018/ND-CP dated July 16, 7 of the Government amending, supplementing and abolishing a number of regulations on business investment conditions in the fields of housing management; country of the Ministry of Construction.

Article 132. Responsible for implementing

1. The Ministry of Planning and Investment shall detail and guide the implementation of assigned articles and clauses in accordance with the provisions of the Investment Law and this Decree.

2. Ministries and ministerial-level agencies shall, within the ambit of their functions and tasks, have the responsibilities:

a) Submit to the Government for consideration the annulment, amendment and supplementation of business investment conditions for conditional business lines that have been abolished, amended and supplemented in accordance with the Law Investment;

b) Submitting to the Government for consideration, promulgation, amendment and supplementation of conditions for conditional outward investment sectors and trades in accordance with the Law on Investment;

c) Submit to the Government for consideration, promulgation, amendment and supplementation of other Decrees related to business investment to ensure the implementation of the Investment Law and this Decree.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of People's Committees of provinces and centrally run cities, within the ambit of their functions and tasks, are responsible for directing guide and implement this Decree.

APPENDIX I

LIST OF INDUSTRY AND LINES LIMITED MARKET ACCESS FOR FOREIGN INVESTORS

(Attached to the Decree No. XNXX / 31 / ND-CP dated 2021 month 26X year 3 of the Government)

A. INDUSTRY AND LINES THAT HAVE NOT BEEN ACCESSED TO THE MARKET FOR FOREIGN INVESTORS

1. Trading in goods and services on the list of goods and services subject to state monopoly in the field of commerce.

2. Press activities and news gathering activities in any form.

3. Fishing or fishing.

4. Investigation and security services.

5. Judicial administrative services, including judicial expertise services, bailiff services, property auction services, notary services, and services of asset administrators.

6. Service of sending workers to work abroad under contract.

7. Invest in building infrastructure for cemeteries and graveyards to transfer land use rights associated with infrastructure.

8. Garbage collection service directly from households.

9. Public opinion polling service (opinion poll).

10. Blasting service.

11. Producing and trading in weapons, explosives and supporting tools.

12. Import and dismantle used ships.

13. Public postal service.

14. Trading in border-gate transfer of goods.

15. Trading in temporary import for re-export.

16. Exercising the right to export, right to import, and right to distribute with respect to goods on the list of goods that foreign investors and foreign-invested economic organizations are not allowed to exercise the right to export, right import and distribution rights.

17. Collection, purchase and disposal of public property at units of the armed forces.

18. Manufacture of military materials or equipment; trading in military equipment, military equipment for the armed forces, military weapons, equipment, techniques, weapons, specialized military and police vehicles, components, parts, spare parts, supplies and special equipment, specialized technology to manufacture them;

19. Industrial property representation service business and intellectual property assessment service.

20. Services for setting up, operating, maintaining and maintaining navigational signals, water zones, water areas, public navigational channels and navigational routes; surveying services of water areas, water areas, public navigational channels and navigational routes serving the publication of maritime notices; Surveying services, building and publishing charts of water areas, seaports, navigational channels and routes; develop and publish maritime safety documents and publications.

21. Regulatory services to ensure maritime safety in water zones, waters and public navigational channels; maritime electronic information services.

22. Inspection services (inspection, testing) and issuance of certificates for means of transport (including systems, components, equipment and components of vehicles); inspection services and grant of certificates of technical safety and environmental protection for vehicles, specialized equipment, containers, dangerous goods packing equipment used in transportation; inspection services and grant of certificates of technical safety and environmental protection for means and equipment for oil and gas exploration, exploitation and transportation at sea; service of technical inspection of occupational safety for machines and equipment with strict requirements on occupational safety installed on means of transport and vehicles, exploration and mining equipment and transporting oil and gas at sea; fishing vessel registration service.

23. Services of investigation, assessment and exploitation of natural forests (including logging and hunting, trapping of rare and precious wild animals, management of genetic funds of plants, animals and microorganisms used in the forest). Agriculture).

24. Research or use genetic resources of new livestock breeds before being appraised and evaluated by the Ministry of Agriculture and Rural Development.

25. Business travel services, except international travel services serving international tourists to Vietnam.

B. INDUSTRY AND LINES FOR CONDITIONAL MARKET ACCESS FOR FOREIGN INVESTORS

1. Production and distribution of cultural products, including video recordings.

2. Production, distribution and projection of television programs and musical, theater and cinematic works.

3. Provide radio and television services.

4. Insurance; Bank; securities trading and other services related to insurance, banking, securities trading.

5. Postal and telecommunications services.

6. Advertising service.

7. Printing services, publication distribution services.

8. Surveying and mapping services.

9. Photography service from above.

10. Educational services.

11. Exploration, exploitation and processing of natural resources, minerals, oil and gas.

12. Hydropower, offshore wind and nuclear power.

13. Transport of goods and passengers by rail, air, road, river, sea, pipeline.

14. Aquaculture, aquaculture.

15. Forestry and hunting.

16. Betting business, casino.

17. Security services.

18. Construction, operation and management of river ports, seaports and airports.

19. Real estate business.

20. Legal services.

21. Veterinary services.

22. Goods trading activities and activities directly related to goods trading activities of foreign service suppliers in Vietnam.

23. Technical analysis and testing services.

24. Travel services.

25. Health and social services.

26. Sports and entertainment services.

27. Paper production.

28. Manufacture of vehicles with over 29 seats.

29. Development and operation of traditional markets.

30. Operations of the Commodity Exchange.

31. Domestic retail collection service.

32. Auditing, accounting, bookkeeping and tax services.

33. Valuation services; consulting on business valuation for equitization.

34. Services related to agriculture, forestry and fishery.

35. Manufacture and manufacture of aircraft.

36. Manufacture and manufacture of locomotives and railway wagons.

37. Producing and trading in tobacco products, tobacco ingredients, machinery and equipment in the tobacco industry.

38. Publisher's activities.

39. Building and repairing ships.

40. Waste collection services, environmental monitoring services.

41. Commercial arbitration services, arbitration mediation.

42. Trading in logistics services.

43. Coastal sea transportation.

44. Cultivation, production or processing of rare and precious plants, breeding and breeding of rare and precious wild animals and processing and handling of these animals or plants, including live animals and preparations products from them;

45. Production of building materials.

46. ​​Construction and related engineering services.

47. Assembling motorcycles.

48. Services related to sports, fine arts, performing arts, fashion shows, beauty and modeling contests, and other fun and entertainment activities.

49. Air transport support services; ground technical services at airports and airfields; on-board catering services; navigational information services, and aeronautical meteorological services.

50. Ship agency services; ship towing service.

51. Services related to cultural heritage, copyright and related rights, photography, video recording, sound recording, art exhibitions, festivals, libraries, museums;

52. Services related to tourism promotion and promotion.

53. Representative services, recruitment agency and scheduling, management for artists and athletes.

54. Family-related services.

5 5. E-commerce activities.

56. Cemetery business, cemetery services and burial services.

57. Aircraft seeding and chemical spraying services.

58. Marine pilot services;

59. Investment sectors and trades under the pilot mechanism of the National Assembly, the National Assembly Standing Committee, the Government and the Prime Minister.

APPENDIX II

LIST OF INVESTMENT INDUSTRY AND CAREER

(Attached to the Decree No. XNXX / 31 / ND-CP dated 2021 month 26X year 3 of the Government)

A. SPECIAL INVESTMENT PRINCIPLES AND INDUSTRY

I. HIGH TECHNOLOGY, INFORMATION TECHNOLOGY, SUPPORT INDUSTRY

1. Application of high technologies on the List of high technologies prioritized for development investment under the Prime Minister's decision.

2. Producing products on the List of high-tech products encouraged for development under the Prime Minister's decision.

3. Manufacturing products on the list of supporting industry products prioritized for development according to the Government's regulations on supporting industry development.

4. High-tech incubation, high-tech enterprise incubation; venture capital for high-tech development; application, research and development of high technology in accordance with the law on high technology; manufacturing biotechnology products; training high-tech human resources; provide high-tech services.

5. Producing software products, digital information content products, key information technology products and software services in accordance with the law on information technology; manufacture network information security products and provide network information security services to ensure the conditions as prescribed by the law on network information security; manufacture products formed from scientific and technological results in accordance with the law on science and technology.

6. Producing renewable energy, clean energy, energy from waste destruction.

7. Producing composite materials, light building materials and rare materials.

8. Producing products on the list of key mechanical products under the Prime Minister's decision.

II. AGRICULTURE

1. Planting, tending, nurturing, protecting and developing forests, developing production forests in bare lands, barren hills, planting large timber forests and converting small timber plantations into large timber plantations; develop non-timber forest products, restore natural forests.

2. Cultivation, processing and preservation of agricultural, forestry and aquatic products, processing non-timber forest products.

3. Producing, multiplying and cross-breeding plant varieties, livestock breeds, forestry plant varieties, aquatic plant varieties, and developing hi-tech forestry plant varieties.

4. Production, extraction and refining of salt.

5. Offshore fishing combines the application of advanced fishing methods; fisheries logistics; construction of fishing shipyards and fishing ships.

6. Rescue service at sea.

7. Invest in research and production of biotechnological products used as food.

8. Manufacture of wooden products; production of artificial boards, including: plywood, jointed boards, MDF boards.

III. ENVIRONMENTAL PROTECTION, WOOD INFRASTRUCTURE CONSTRUCTION

1. Concentrated collection, treatment, recycling and reuse of waste.

2. Building and trading infrastructure in industrial zones, export processing zones, high-tech zones and functional zones in economic zones.

3. Investment in development of water plants, power plants, water supply and drainage systems; bridge, road, infrastructure, transport and railway industry; airports, seaports, inland waterway ports; Airports, railway stations and other particularly important infrastructure works shall be decided by the Prime Minister.

4. To develop public passenger transport in urban areas.

5. Investing in the construction, management and business of markets in rural areas.

6. Investment in development, operation and management of technical infrastructure works for industrial clusters.

IV. CULTURE, SOCIAL, SPORTS, HEALTH

1. Construction of social housing and resettlement housing.

2. Invest in business establishments performing hygiene and disease prevention.

3. To conduct scientific research on preparation technology and biotechnology for the production of new drugs, new veterinary drugs, vaccines and biological products for veterinary use.

4. Production of medicinal ingredients and key drugs, essential drugs, drugs for the prevention and control of social diseases, vaccines, medical biological products, drugs from herbal ingredients, and traditional medicines; the drug is about to have expired patents or related proprietary rights; application of advanced technology, biotechnology to produce medicines for human health up to international GMP standards; manufacture of packaging directly in contact with the drug.

5. Invest in Methadone production facilities.

6. Investing in business in high-achieving sports training and coaching centers and sports training and coaching centers for people with disabilities; to build sports facilities with equipment and facilities for practice and competition meeting the requirements of organizing international tournaments; Professional training and sports facilities.

7. Invest in the business of geriatric and psychiatric centers, and treat patients infected with Agent Orange; care centers for the elderly, disabled, orphans, and homeless children.

8. Investing in the business of centers for medical treatment - education - social labor; smoking cessation facilities; HIV/AIDS treatment facilities; public drug addiction treatment establishments; people-founded drug detoxication establishments; counseling and support points for community drug addiction treatment at district level.

9. Investment in the business of national-level museums and national cultural houses; choir, dance, folk music; theatres, studios, film production facilities, film printing and coating; art and photography exhibitors; production, manufacture and repair of ethnic musical instruments; maintaining and preserving museums, national cultural houses and art and culture schools; establishments and craft villages to introduce and develop traditional industries and trades; investment and business in folk performing arts; investment in the National Library of Vietnam, public libraries of provinces and centrally run cities and libraries play an important role.

10. Invest in facilities to support gender-based violence prevention and control in the community for sex workers.

B. INVESTMENT Preference INDUSTRY AND INVESTMENT

I. SCIENCE OF TECHNOLOGY, ELECTRONICS, MECHANICAL, MATERIAL PRODUCTION, INFORMATION TECHNOLOGY

1. Invest in research and development (R&D).

2. Producing steel billets from iron ore, high-grade steel and alloys.

3. Producing coke, activated carbon.

4. Producing energy-saving products.

5. Production of petrochemicals, pharmaceutical chemicals, basic chemicals and rubber.

6. Producing products with added value of 30% or more (according to the guidance of the Ministry of Planning and Investment).

7. Manufacture of automobiles, auto parts, shipbuilding.

8. Manufacture of electronic accessories, components and assemblies not in the List A of this Appendix.

9. Manufacture of machine tools, machinery, equipment, spare parts and machines in service of agricultural, forestry, fishery, salt production, food processing machines, and irrigation equipment not on the List A Appendix this continent.

10. Producing materials to replace asbestos materials.

11. Producing light unburnt building materials (with density less than 1000 kg/m³).

12. Invest in making use of waste heat to generate electricity from building material production facilities in order to save energy and protect the environment.

13. Production of artificial crushed sand to replace natural sand.

14. Invest in treatment and use of waste from thermal power plants, chemical fertilizer plants, metallurgical plants to make construction materials.

15. Invest in the treatment and use of domestic waste as fuel in the production of building materials.

16. Investment in production of equipment, supplies and spare parts for the cement industry; terrible; ceramic tiles; Refractory materials; invest in the production of building materials to replace building materials produced with outdated technology.

17. Producing all kinds of environmentally friendly means of transport.

18. Production and assembly of diesel locomotives; freight wagons with a tonnage of 30 tons or more; high-class passenger cars with a construction speed of 100 km/h; spare parts for locomotives and wagons in the railway sector.

19. Producing and processing minerals as building materials.

20. Producing and trading in products formed from scientific and technological results of science and technology enterprises.

II. AGRICULTURE

1. Raising, planting, harvesting and processing medicinal herbs; protection and conservation of genetic resources and rare and endemic medicinal species.

2. Production and processing of animal and aqua feeds.

3. Scientific and technical services in cultivation, animal husbandry, aquaculture, protection of plants and animals.

4. New construction, renovation and upgrading of slaughterhouses; preservation and processing of poultry and livestock, concentrated in industry, wholesale markets, auction facilities for livestock and livestock products.

5. To build and develop concentrated material areas to serve the processing industry.

6. Seafood exploitation.

7. Investment in production of biological plant protection drugs, production of organic fertilizers, scientific research activities and technology transfer to develop organic fertilizers.

8. Cultivation and processing of agricultural, forestry and fishery products in the form of linkage along the product chain; farming and processing agricultural, forestry and aquatic products in the form of organic agricultural production.

9. Producing handicrafts, bamboo and rattan products, ceramics, glass, textiles, yarns, embroidery, knitting.

10. Scientific research and technological development in the field of agricultural science.

11. Breeding original livestock breeds, conserving genetic resources of precious and rare livestock breeds and indigenous breeds.

III. ENVIRONMENTAL PROTECTION, WOOD INFRASTRUCTURE CONSTRUCTION

1. Construction and development of industrial cluster infrastructure.

2. Construction of apartment buildings for workers in industrial parks, export processing zones, high-tech zones and economic zones; building student dormitories and housing for social policy beneficiaries; invest in the construction of functional urban areas (including kindergartens, schools, and hospitals) to serve workers.

3. Handling oil spills, overcoming mountain landslides, dykes, riverbanks, coasts, dams, reservoirs and other environmental incidents; apply technology to reduce greenhouse gas emissions and destroy the ozone layer.

4. Investment and business in goods fair and exhibition centers, logistics centers, inland ports, warehouses, supermarkets, and trade centers.

5. Producing and supplying environmental monitoring equipment, on-site domestic wastewater treatment equipment, environment-friendly products and services certified with Vietnam Eco-label in accordance with the law on protection environmental protection.

6. Invest in and operate technology incubators and science and technology enterprises in accordance with the law on technology.

7. Business investment in innovation center, research and development center.

8. Concentrated domestic wastewater treatment with designed capacity from 2.500 m³/day (24 hours) or more for urban areas of grade IV or higher.

9. Collecting, transporting and treating solid waste in a concentrated manner.

10. Hazardous waste treatment, hazardous waste co-treatment.

11. Treat and renovate contaminated environmental areas in public areas.

12. Response and handling of oil spills, chemical incidents and other environmental incidents.

13. Building technical infrastructure for environmental protection in industrial parks, industrial clusters and craft villages.

14. Relocating or changing operations of establishments causing serious environmental pollution.

15. Environmental monitoring.

16. Invest in the construction of cemeteries, cremation and electric burial facilities.

17. Environmental damage assessment; environmental health assessment; environmental assessment of imported goods, scrap, machinery, equipment and technology.

18. Producing and applying environmental protection inventions protected by the State in the form of granting patents for inventions or patents for utility solutions.

19. Producing environmentally friendly products that are labeled with the Vietnam Green Label by the Ministry of Natural Resources and Environment; products from solid waste recycling and treatment activities of waste treatment facilities (domestic, industrial and hazardous waste).

20. Producing gasoline, diesel fuel and biofuels certified in conformity with regulations; Biochar; energy from using wind, sunlight, tides, geothermal and other forms of renewable energy.

21. Producing and importing special-use machinery, equipment and vehicles directly used in the collection, transportation and treatment of waste; automatic and continuous monitoring equipment for wastewater and emissions; instrumentation, sampling and environmental analysis; renewable energy production; Treatment of environmental pollution; response and handling of environmental incidents.

22. Production, business and service activities of environmentally friendly establishments are certified with eco-labels by the Ministry of Natural Resources and Environment.

23. Producing products, equipment and technologies using water sparingly.

IV. EDUCATION, CULTURE, SOCIAL, SPORTS, HEALTH

1. Investment in business infrastructure of education and training institutions, vocational education institutions; invest in the development of non-public education and training institutions and vocational education institutions at all educational levels: preschool education, general education, and vocational education.

2. Producing medical equipment, building warehouses to preserve pharmaceuticals, stockpile medicinal drugs for people to prevent natural disasters, catastrophes and dangerous epidemics.

3. Production of medicinal materials and plant protection drugs and pesticides; disease prevention and treatment for animals and aquatic products.

4. Producing veterinary drugs, raw materials for making veterinary drugs, preserving veterinary drugs; manufacture of equipment and instruments used in veterinary medicine.

5. Invest in biological testing and bioavailability assessment facilities; pharmaceutical establishments that meet the standards of good practice in the production, storage, testing and clinical trials of drugs.

6. Invest in research to prove the scientific basis of Oriental and traditional medicines and develop standards for testing Eastern and traditional medicines.

7. Investing in business in fitness and sports centers, practice houses, fitness and sports clubs, stadiums, swimming pools; establishments producing, manufacturing and repairing equipment and means of exercise and sports.

8. Investing in the business of district public libraries, specialized libraries, university libraries, libraries of educational institutions, community libraries, and private libraries that serve the community and develop culture reading for lifelong learning.

9. Investing in the development of vocational education quality accreditation organizations and the production of vocational education equipment.

V. OTHER INDUSTRY AND LINES

1. Operations of the People's Credit Fund and microfinance institutions.

2. Publishing activities of electronic publications.

3. Investment and business in the product distribution chain of small and medium-sized enterprises; invest in business incubators of small and medium-sized enterprises; business investment in technical facilities to support small and medium enterprises; invest in and operate a co-working space for small and medium-sized enterprises and creative startups in accordance with the law on supporting small and medium-sized enterprises.

4. Investment in innovative start-ups.

APPENDIX III

LIST OF INVESTMENT PRIORITY LOCATIONS

(Attached to the Decree No. XNXX / 31 / ND-CP dated 2021 month 26X year 3 of the Government)