LAW OF INVESTMENT 2014

6 February, 2015

THE NATIONAL ASSEMBLY 

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SOCIALIST REPUBLIC OF VIETNAM 

Independence – Freedom – Happiness 

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Law No. 67/2014/QH13

Hanoi, November 26, 2014

 

LAW

ON INVESTMENT

Pursuant to Constitution of Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Investment.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law deals with business investments in Vietnam and outward business investments.

Article 2. Regulated entities

This Law applies to investors, other organizations and individuals (hereinafter referred to as entities) involved in business investment.

Article 3. Interpretation of terms

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

  1. Register office means the regulatory body competent to issue, adjust, and revoke Certificates of investment registration.
  2. Investment project means a collection of proposal to make midterm or long-term capital investment in business in a particular administrative division over a certain period of time.
  3. Expansion project means a project to make investment to expand the scale, improve the capacity, apply new technologies, reduce pollution or improve the environment.
  4. New investment project means a project that is executed for the first time or a project independent from any other running project.
  5. Business investment means an investor’s investing capital to do business by establishing a business organization; making capital contribution, buying shares or capital contributions to a business organization; making investments in the form of contracts or execution of investment projects.
  6. Certificate of investment registration means a paper or electronic document bearing registered information about the investment project of the investor.
  7. National investment database means a system of professional information meant for monitoring, assessment, and analysis of investments nationwide in order to serve state management tasks and support for investors’ investment making process.
  8. Public-Private Partnership contract (hereinafter referred to as PPP contract) means a contract between a competent authority and an investor or project management enterprise to execute an investment project as prescribed in Article 27 of this Law.
  9. Business cooperation contract means a contract between investors for business cooperation and distribution of profits, products without establishment of a new business organization.
  10. Export-processing zone means an industrial park specialized in manufacturing of exported products or provision of services for manufacturing of exported products and export.
  11. Industrial park means an area with a defined geographical boundary specialized in industrial production and provision of services for industrial production.
  12. Economic zone means an area with a defined geographical boundary which consists of multiple sectors and is meant to attract investments, develop socio-economic, and protect national defense and security.
  13. Investor means an organization or individual that makes business investments. Investors include Vietnamese investors, foreign investors, and foreign-invested business organizations.
  14. Foreign investor means an individual holding a foreign nationality or an organization established under foreign laws an making business investment in Vietnam.
  15. Vietnamese investor means an individual holding Vietnamese nationality or a business organization whose members or shareholders are not foreign investors.
  16. Business organization means an organization established and run in accordance with Vietnam’s laws. Business organizations include companies, cooperatives, cooperative associations, and other organizations that make business investments.
  17. Foreign-invested business organization means a business whose members or shareholders are foreign investors.
  18. Capital means money and other assets used invested in business.

Article 4. Application of the Law on Investment, relevant laws and international agreements

Article 5. Policies on business investment

Article 6. Banned business lines

a) Trade in the narcotic substances specified in Appendix I hereof;

n) Trade in the chemicals and minerals specified in Appendix I of this Law;

c) Trade in specimens of wild flora and fauna specified in Appendix 1 of Convention on International Trade in Endangered Species of Wild Fauna and Flora; specimens of rare and/or endangered species of wild fauna and flora in Group I of Appendix 3 hereof;

d) Prostitution;

dd) Human trafficking; trade in human tissues and body parts;

e) Business pertaining to human cloning.

Article 7. Conditional business lines

Article 8. Amendments to the Lists of banned business lines and the List of conditional business lines

Depending on the socio-economic conditions and state management requirements in each period, the Government shall review the banned business lines, conditional business lines and propose amendments to Article 6 and Article 7 to the National Assembly.

Chapter II

INVESTMENT ASSURANCE

Article 9. Assurance of asset ownership

Article 10. Assurance of business investment

a) Give priority to buying, using domestic goods/services; or only buy, use goods/services provided by Vietnamese producers/service providers;

b) Achieve a certain export target; restrict the quantity, value, types of goods/services that are exported or produced/provided in Vietnam;

c) Import a quantity/value of goods that is equivalent to the quantity/value of goods exported; or balance foreign currencies earned from export to meet import demands;

d) Reach a certain rate of import substitution;

dd) Reach a certain level/value of domestic research and development;

e) Provide goods/service at a particular location in Vietnam or overseas;

g) Have the headquarter situated at a location requested by a competent authority.

Article 11. Assurance of transfer of foreign investors’ assets to abroad

After all financial obligations to Vietnamese government are fulfilled, foreign investors are permitted to transfer the following assets to abroad:

Article 12. The Government’s guarantee for some important projects

Article 13. Assurance of business investment upon changes of laws

a) Deduct the damage actually suffered by the investor from the investor’s taxable income;

b) Adjust the objectives of the investment project;

c) Assist the investor in recovery from damage.

Article 14. Settlement of disputes over business investment

a) Vietnam’s court;

b) Vietnam’s arbitration;

c) Foreign arbitration;

d) International arbitration;

dd) An arbitral tribunal established by the parties in dispute.

Chapter III

INCENTIVES AND SUPPORT FOR INVESTMENT

Section 1: INVESTMENT INCENTIVES

Article 15. Forms and beneficiaries of investment incentives

a) Application of a lower rate of corporate income tax for a certain period of time or throughout the project execution; exemption, reduction of corporate income tax;

b) Exemption or reduction of import tax on goods imported as fixed assets; raw materials, supplies, and parts used for the project;

c) Exemption, reduction of land rents, land levy.

a) Projects of investment in the business lines given investment incentives specified in Clause 1 Article 16 of this Article;

b) Investment projects in the administrative divisions given investment incentives specified in Clause 2 Article 16 of this Article;

c) Any project in which the capital investment is at least VND 6,000 billion, or at least VND 6,000 billion is disbursed within 03 years from the day on which the Certificate of investment registration or decision on investment policies is issued;

d) Any investment project in a rural area that employ at least 500 workers;

dd) High-tech companies, science and technology companies, and science and technology organizations.

Article 16. Business lines and administrative divisions given investment incentives

a) High-tech activities, high-tech ancillary products; research and development;

b) Production of new materials, new energy, clean energy, renewable energy; productions of products with at least 30% value added; energy-saving products;

c) Production of key electronic, mechanical products, agricultural machinery, cars, car parts; shipbuilding;

d) Production of ancillary products serving textile and garment industry, leather and footwear industry, and the products in Point c of this Clause;

dd) Production of IT products, software products, digital contents;

e) Cultivation, processing of agriculture products, forestry products, aquaculture products; afforestation and forest protection; salt production; fishing and ancillary fishing services; production of plant varieties, animal breads, and biotechnology products;

g) Collection, treatment, recycling of waste;

h) Investment in development, operation, management of infrastructural works; development of public passenger transportation in urban areas;

i) Preschool education, compulsory education, vocational education;

k) Medical examination and treatment; production of medicines, medicine ingredients, essential medicines, medicines for prevention and treatment of sexually transmitted diseases, vaccines, biologicals, herbal medicines, orient medicines; scientific research into preparation technology and/or biotechnology serving creation of new medicines;

l) Investment in sport facilities for the disabled or professional athletes; protection and development of cultural heritage;

m) Investment in geriatric centers, mental health centers, treatment for agent orange patients; care centers for the elderly, the disabled, orphans, street children;

n) People’s credit funds, microfinance institutions

a) Administrative divisions in disadvantaged area or extremely disadvantaged areas;

b) Industrial parks, export-processing zones, hi-tech zones, economic zones.

Article 17. Procedures for investment incentives

Article 18. Expansion of investment incentives

The government shall request the National Assembly to decide provision of investment incentives other than those in this Law and other laws when the development of some especially important field or administrative – economic units is necessary.

Section 2: INVESTMENT SUPPORT

Article 19. Forms of investment support

a) Support for development of technical infrastructure, social infrastructure, and beyond the perimeter of the project;

b) Support for training and development of human resources;

c) Credit support;

d) Support for access to business premises; support for relocation of manufacturing facilities from urban areas;

dd) Support for scientific & technological research, technology transfers;

e) Support for market development, information provision;

g) Support for research and development.

Article 20. Support for development of infrastructure of industrial parks, export-processing zones, hi-tech zones, economic zones

Article 21. Development of housing, public facilities and amenities for workers in industrial parks, hi-tech zones, and economic zones

Chapter IV

INVESTMENT IN VIETNAM

Section 1: FORMS OF INVESTMENT

Article 22. Investment in establishment of a business organization

a) The investor’s charter capital satisfies the requirements in Clause 3 of this Article;

b) The form of investment, operating scope, Vietnamese partners, and other aspects are conformable with the international agreements to which the Socialist Republic of Vietnam is a signatory.

a) The holdings of the foreign investors at listed companies, public companies, securities-trading organizations, and securities investment funds are conformable with regulations of law on securities;

b) The holdings of the foreign investors at state-owned companies that have been equitized or converted are conformable with regulations of law on equitization and conversion of state-owned companies;

c) With regard to holdings of the foreign investors in other cases than those mentioned in Point a and Point b of this Clause, relevant regulations of law and the international agreements to which the Socialist Republic of Vietnam is a signatory shall apply.

Article 23. Investments made by foreign-invested business organizations

a) 51% of charter capital or more is held by foreign investors, or the majority of the general partners are foreigners if the business organization is a partnership;

b) 51% of charter capital or more is held by the business organizations mentioned in Point a of this Clause;

c) 51% of charter capital or more is held foreign investors and the business organizations mentioned in Point a of this Clause.

Article 24. Making investment by contributing capital, buying shares, or buying capital contributions of business organizations  

Article 25. Methods and conditions for making capital contributions to business organizations, buying shares or capital contributions of business organizations

a) Buy shares of joint-stock companies through IPOs or additional issuance;

b) Contribute capitals to limited liability companies and partnerships;

c) Contribute capital to other business organizations not mentioned in Point a and Point b of this Clause.

a) Buy shares of joint-stock companies from the companies or their shareholders;

b) Buy capital contributions to limited liability companies by their members and become members of limited liability companies;

c) Buy capital contributions to partnerships by partners and become partners;

d) Buy capital contributions to business organizations other than those mentioned in Points a, b, and c of this Clause from their members.

Article 26. Procedures for making investment by contributing capital, buying shares, or buying capital contributions

a) The investor contributes capital, buy shares or capital contributions of business organizations engaged in business lines subject to conditions applied to foreign investors.

b) 51% of charter capital of the business organization or more is held by foreign investors and/or business organizations mentioned in Clause 1 Article 23 of this Law after the capital is contributed, or shares/capital contributions are purchased.

a) A written for registration of capital contribution or purchase of shares/capital contributions, which specify information about the business organization to which investment is made; the holding of the foreign investor after making investment;

b) A copy of the ID card or passport (if the investor is an individual); a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor (if the investor is an organization).

a) The investor shall submit the application prescribed in Clause 2 of this Article at the Service of Planning and Investment of the province where the headquarter of the business organization is situated;

b) If the contribution of capital, purchase of shares/capital contributions satisfies the conditions in Point a and Point b Clause 1 Article 22 of this Law, the Service of Planning and Investment shall send a written notification to the investor within 15 days from the day on which the satisfactory application is received in order for the investor to follow procedures for changing shareholders/members as prescribed by law. If conditions are not satisfied, the Service of Planning and Investment shall notify the investor in writing and provide explanation.

Article 27. Investment under PPP contracts

Article 28. Investment under business cooperation contracts

Article 29. Contents of a business cooperation contract

a) Names, addresses, authorized representatives of parties to the contract; business address or project address;

b) Objectives and scope of business;

c) Contributions by parties to the contract and distribution of profits;

d) Schedule and duration of the contract;

d) Rights and obligations of parties to the contract;

e) Adjustment, transfer, termination of contracts;

g) Responsibilities for breaches of contract; method of dispute settlement.

Section 2: PROCEDURES FOR DECISION ON INVESTMENT POLICIES

Article 30. The National Assembly’s authority to issue decisions on investment policies

Except for the projects subject to issuance of decisions on investment policies by the National Assembly according to regulations of law on public investment, the National Assembly shall issue decisions on investment policies of the following projects:

a) Nuclear power plants;

b) Projects that change purposes of land in national parks, wildlife sanctuaries, landscape sanctuaries, experimental forests of 50 hectares or larger; headwaters protective forests of 50 hectares or larger; protection forests meant for protection against wind, sand, waves, land reclamation, environmental protection of 500 hectares or larger, production forests of 1,000 hectares or above;

Article 31. The Prime Minister’s authority to issue decisions on investment policies

Except for the projects subject to issuance of decisions on investment policies by the Prime Minister according to regulations of law on public investment and the projects mentioned in Article 30 of this Law, the Prime Minister shall issue decisions on investment policies of the following projects:

a) Projects that require relocation of 10,000 people or more in highlands; 20,000 people or more in other areas;

b) Construction and operation of airports; air transport;

c) Construction and operation of national seaports;

d) Petroleum exploration, extraction, and refinery;

dd) Betting and casino services;

e) Cigarette production;

g) Development of infrastructure of industrial parks, export-processing zones, and specialized sectors in economic zone;

h) Construction and operation of golf courses;

Article 32. Authority to issue decisions on investment policies of the People’s Committees of provinces

a) Projects that use land allocated or leased out by the State without auction or bidding or transfer; projects that require changes of land purposes;

b) Projects that use technologies on the List of technologies restricted from transfer prescribed by regulations of law on technology transfers.

Article 33. Documents and procedures for decision on investment policies by the People’s Committees of provinces

a) A written request for permission for execution of the investment project;

b) A copy of the ID card or passport (if the investor is an individual); a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor (if the investor is an organization).

c) An investment proposal that specifies: investor(s) in the project, investment objectives, investment scale, investment capital, method of capital rising, location and duration of investment, labor demand, requests for investment incentives, assessment of socio-economic effects of the project;

d) Copies of any of the following documents: financial statements of the last two years of the investor; commitment of the parent company to provide financial support; commitment of a financial institutions to provide financial support; guarantee for investor’s financial capacity; description of investor’s financial capacity;

dd) Demand for land use; if the project does not use land allocated, leased out by the State, or is not permitted by the State to change land purposes, then a copy of the lease agreement or other documents certifying that the investor has the right to use the premises to execute the project shall be submitted;

e) Explanation for application of technologies to the project mentioned in Point b Clause 1 Article 32 of this Law, which specifies: names of technologies, origins, technology process diagram, primary specifications, conditions of machinery, equipment and primary technological line;

g) The business cooperation contract (if the project is executed under a business cooperation contract).

Within 35 days from the day on which the project dossier is received, the registry office shall notify the investor of the result.

a) Information about the project: information about the investor, objectives, scale, location, and duration of the project;

b) Assessment of the foreign investor’s fulfillment of investment conditions (if any);

c) Assessment of conformity of the investment project with the master socio-economic development planning, industrial planning, and land planning; assessment of socio-economic effects of the project;

d) Assessment of investment incentives and fulfillment of conditions for investment incentives (if any);

dd) Assessment of legal basis of investor’s rights to use investment premises If a request for allocation of land, lease of land, or change of land purposes is made, the investor’s fulfillment of conditions for using land, land allocation, land lease, and change of land purposes shall be assessed in accordance with regulations of law on land;

e) Assessment of technologies applied to the investment project (if the project is one of those mentioned in Point b Clause 1 Article 32 of this Law).

a) Name of the investor in the project;

b) Name, objectives, scale, investment capital, and duration of the project;

c) Location of the project;

d) Schedule for project execution: schedule for capital contribution and capital raising; schedule for infrastructural development and inauguration (if any); schedule of each stage (if the project is divided into multiple stages);

dd) Applied technologies;

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

g) Effective period of the decision on investment policies.

Article 34. Documents and procedures for decision of investment policies by the Prime Minister

a) The documents mentioned in Clause 1 Article 33 of this Law;

b) Land clearance and relocation plan (if any);

c) Preliminary assessment of environmental impacts and environmental protection measures;

d) Assessment of socio-economic effects of the project.

Article 35. Documents and procedures for issuance of decision on investment policies by the National Assembly

a) The documents mentioned in Clause 1 Article 33 of this Law;

b) Land clearance and relocation plan (if any);

c) Preliminary assessment of environmental impacts and environmental protection measures;

d) Assessment of socio-economic effects of the project;

dd) Proposed special policies (if any).

a) The Government’s report

b) The project dossier prescribed in Clause 1 of this Article;

c) The appraisal report made by the Appraisal Council;

d) Relevant documents.

a) Fulfillment of the criteria for identification of a project subject to issuance of decisions on investment policies by the National Assembly;

b) Necessity of the project;

c) Conformity of the project with the master socio-economic development planning, industrial planning, and land and other resources planning;

d) Objectives, scale, location, time, schedule for project execution; demand for land use, land clearance and relocation plan, selection of primary technologies, environmental protection solutions;

dd) Capital investment and capital raising plan;

e) Assessment of socio-economic effects;

g) Special policies; Investment incentives, support, and conditions (if any).

a) Name of the investor in the project;

b) Name, objectives, scale, investment capital, duration of the project, capital contribution and capital raising schedule;

c) Location of the project;

d) Schedule of the project: schedule of infrastructural development and inauguration (if any); schedule of achievements of primary targets and items; targets, duration, and operations of each stage (if the project is divided into multiple stages);

dd) Applied technologies;

e) Special policies; Investment incentives, support, and conditions (if any);

g) Effective period of the Resolution on investment policies.

Section 3: PROCEDURES FOR ISSUANCE, ADJUSTMENT, AND REVOCATION OF CERTIFICATE OF INVESTMENT REGISTRATION  

Article 36. Cases in which the Certificate of investment registration is required

a) Investment projects of foreign investors;

b) Investment projects of the business organizations mentioned in Clause 1 Article 23 of this Article.

a) Investment projects of Vietnamese investors;

b) Investment projects of the business organizations mentioned in Clause 2 Article 23 of this Article;

c) Investment is made by contributing capital, buying shares, or buying capital contributions of business organizations.

Article 37. Procedures for issuance of Certificate of investment registration

a) The investor shall submit the documents mentioned in Clause 1 Article 33 of this Law to the registry office;

b) Within 15 days from the receipt of sufficient documents, the registry office shall issue the Certificate of investment registration. In case of rejection, the investor must be notified in writing and provided with explanation.

Article 38. Competence to issue, adjust, and revoke Certificates of investment registration

a) Any investment project that spreads over multiple provinces;

b) Any investment project executed both inside and outside industrial parks, export-processing zones, hi-tech zones, and economic zones;

Article 39. Contents of Certificate of investment registration

Article 40. Adjusting the Certificate of investment registration

a) A written request for adjustment to the Certificate of investment registration;

b) A report on project execution up to the date of project adjustment;

c) A decision on adjustments to the investment project;

d) Documents mentioned in Points b, c, d, dd and e Clause 1 Article 33 of this Article relevant to the adjustments.

Article 41. Revoking the Certificate of investment registration

Section 4: PROJECT EXECUTION

Article 42. Assurance of project execution

Article 43. Durations of investment projects

Article 44. Assessment of machinery, equipment and technological line

Article 45. Project transfer

a) The project is not terminated in the cases as prescribed in Clause 1 Article 48 of this Law;

b) Investment conditions applied to foreign investors are satisfied in case the foreign investor receives a project of investment in conditional business lines;

c) Regulations of law on law, real estate trading is complied with if the project transfer is associated with transfer of land;

d) Conditions in the Certificate of investment registration or relevant regulations of law are complied with.

Article 46. Extension of project schedule

a) The progress of the project and fulfillment of financial obligation to the State since the issuance of the Certificate of investment registration or decision on investment policies up to the extension date;

b) Explanation and length of extension;

c) Plan for carrying on the project, including capital contribution plan, infrastructural development schedule, and inauguration schedule;

d) The investor’s commitment to carry on the project.

Article 47. Project suspension and termination

a) For protection of historical remains, relics, antiques, national treasures according to the Law on Cultural heritage;

b) For environmental recovery at the request of a environment authority;

c) For implementation of occupational safety measures at the request of an labor authority;

d) The project is suspended under the decision or judgment of the court or arbitral tribunal;

dd) The investor fails to adhere to the Certificate of investment registration and recommits administrative violations after incurring penalties.

Article 48. Project termination

a) The investor decides to terminate the project;

b) The project has to be terminated according to the regulations of the contract or company’s charter;

c) The project duration is over;

d) The investor fails to overcome the difficulties that lead to project suspension in the cases mentioned in Clause 2 and Clause 3 Article 47 of this Law;

dd) The land of the project is withdrawn by the State, or the investor is  not permitted to keep using the premises and fails to complete procedures for change of project location within 06 months from the day on which the decision on land/premises withdrawal is issued;

e) The registry office cannot contact the investor or the investor’s legal representative after 12 months from the date of suspension of the project;

g) The investor fails to execute or is not able to execute the project after 12 months according to the schedule registered with the registry office and is not permitted to extend the project execution schedule as prescribed in Article 46 of this Law;

h) The project is terminated under a decision of the Court or arbitral tribunal.

Article 49. Establishment of foreign investor’s operating office under business cooperation contract

a) An application form which specifies the name and address of the representative office in Vietnam (if any) of the foreign investor; name, address of the operating office; contents, duration, and operating scope of the operating office; full name, residence, ID number or passport number of the head of the operating office;

b) The foreign investor’s decision to establish an operating office;

c) A copy of the decision to appoint the head of the operating office;

d) A copy of the business cooperation contract.

Article 50. Shutdown of foreign investor’s operating office under business cooperation contracts

a) A decision to shut down the operating office ahead of schedule;

b) A list of creditors and settled debts;

c) A list or employers and employers’ benefits provided;

d) A tax authority’s certification of fulfillment of tax liability;

dd) A social insurance authority’s certification of fulfillment of social insurance obligations;

e) A police authority’s certification of seal destruction;

g) The certificate of operating office registration;

h) A copy of the Certificate of investment registration;

i) A copy of the business cooperation contract.

Chapter V

OUTWARD INVESTMENT

Section 1: GENERAL PROVISIONS

Article 51. Rules for making outward investments

Article 52. Forms of outward investment

a) Establishing a business organization in accordance with the law of the host country;

b) Execute a business cooperation contract overseas;

c) Purchase part or all of charter capital of an overseas business organization to participate in the management and business investment overseas;

d) Trading in securities, valuable papers, or making investments via securities investment funds and other intermediate financial institutions overseas;

dd) Other forms of investments prescribed by law of the host country.

Article 53. Sources of capital for outward investment

Section 2: PROCEDURES FOR DECISION OF OUTWARD INVESTMENT POLICIES

Article 54. Competence to issue decisions on outward investment policies

a) Projects with outward investment capital of VND 20,000 billion or above;

b) Projects that require special policies decided by the National Assembly.

a) Banking, insurance, securities, journalism, broadcasting, and telecommunications projects with outward investment capital of VND 400 billion or above;

b) Projects not mentioned in Clause a of this Article with outward investment capital of VND 800 billion or above.

Article 55. Documents and procedures for The Prime Minister to issue decisions on outward investment policies

a) An outward investment registration form;

b) A copy of the ID card or passport (if the investor is an individual); a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor (if the investor is an organization).

c) Project proposals: objectives, scale, form, and location of the project; initial capital, capital raising plan, capital structure, project execution schedule, investment stages (if any); and preliminary analysis of the project effectiveness;

d) Copies of any of the documents proving the investor’s financial capacity: financial statements of the last two years of the investor; commitment of the parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for investor’s financial capacity; other documents proving the investor’s financial capacity;

dd) A commitment to balance foreign currency sources, or a commitment of a permitted credit institution to provide foreign currencies for the investor;

e) The decision on outward investment as prescribed in Clause 1 and Clause 2 Article 57 of this Law;

g) With regard to a project of outward investment in banking, securities, science and technology, the investor shall submit a written certification of the investor’s fulfillment of conditions for outward investment issued by a competent authority in accordance with the Law on credit institutions, the Law on Securities, the Law on science and technology, and the Law on Insurance Business.

a) Conditions for issuance of the Certificate of registration of outward investment prescribed in Article 58 of this Law;

b) The investor’s legal status;

c) Necessity of the outward investment;

d) Conformity of the project with Clause 1 Article 51 of this Law;

dd) Project contents: scale, form of investment, location, duration, execution schedule, capital, and capital sources;

e) Reassessment of risks at the host country.

a) The investor;

b) Objectives and location of the project;

c) Capital and capital sources; capital contribution and capital raising schedule; overseas investment schedule;

d) Investment incentives and support (if any).

Article 56. Documents and procedures for National Assembly to issue decisions on outward investment policies

a) The Government’s report;

b) The project dossier prescribed in Clause 1 Article 55 of this Law;

c) The appraisal report made by the Appraisal Council;

d) Relevant documents.

Section 3: PROCEDURES FOR ISSUANCE, ADJUSTMENT, AND REVOCATION OF CERTIFICATE OF OUTWARD INVESTMENT REGISTRATION

Article 57. Competence to decide outward investment

Article 58. Requirements for issuance of Certificate of registration of outward investment

Article 59. Procedures for issuance of Certificate of registration of outward investment

a) An outward investment registration form;

b) A copy of the ID card or passport (if the investor is an individual); a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor (if the investor is an organization).

c) The decision on outward investment as prescribed in Clause 1 and Clause 2 Article 57 of this Law;

d) A commitment to balance foreign currency sources, or a commitment of a permitted credit institution to provide foreign currencies for the investor as prescribed in Clause 3 Article 58 of this Law;

dd) With regard to a project of outward investment in banking, securities, science and technology, the investor shall submit a written certification of the investor’s fulfillment of conditions outward investment issued by a competent authority in accordance with the Law on credit institutions, the Law on Securities, the Law on science and technology, and the Law on Insurance Business.

Article 60. Contents of Certificate of registration of outward investment

Article 61. Adjusting Certificate of registration of outward investment

a) A written request for adjustments to the Certificate of outward investment registration;

b) A copy of the ID card or passport (if the investor is an individual); a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor (if the investor is an organization).

c) A report on operation of the project up to the date of submission of the application for adjustments to Certificate of registration of outward investment;

d) A decision on changes to the outward investment project as prescribed in Clause 1 and Clause 2 Article 57 of this Law;

dd) A copy of the Certificate of outward investment registration;

e) There is a certification of the investor’s fulfillment of tax obligation up to the date of submission of the project dossier.

Article 62. Termination of an outward investment project

a) The investor decides to terminate the project;

b) The project duration is over;

c) The project is terminated according to the regulations of the contract or company’s charter;

d) The investor transfers all of overseas capital to a foreign investors;

dd) The project is not approved by the host country after 12 months from the date of issue of the Certificate of outward investment registration, or the project is not commenced after 12 months from the day on which it is approved by a competent authority of the host country;

e) The investor fails to execute the project or is not able to execute the project according to the registered schedule after 12 months from the date of issue of the Certificate of investment registration, and does not adjust the investment schedule;

g) The investor fails to submit a written report on the operation of the project after 12 months from the day on which the annual tax declaration or an equivalent document is available as prescribed by the host country’s law;

h) The overseas business organization is dissolved or goes bankrupt as prescribed by the host country’s law;

i) The project is terminated under the decision or judgment of the court or arbitral tribunal.

Section 4: COMMENCEMENT OF OVERSEAS INVESTMENT

Article 63. Opening an account of outward investment capital

Transfer of money from Vietnam to abroad and from abroad to Vietnam pertaining to outward investment must be made via a separate account opened at a permissible credit institution in Vietnam and registered at the State bank of Vietnam in accordance with regulations of law on foreign exchange management.

Article 64. Transfer of outward investment capital

a) The Certificate of outward investment registration is granted, except for the case in Clause 3 of this Article;

b) The investment has been approved or licensed by a competent authority of the host country. If the host country’s law does not cover investment licensing or approval, the investor must provide documents proving his/her right to make investment in that country;

c) There is a capital account as prescribed in Article 63 of this Law.

Article 65. Transferring profit to Vietnam

Article 66. Use of profit for overseas investment

Chapter VI

STATE MANAGEMENT OF INVESTMENT

Article 67. Contents of state management of investment

Article 68. Responsibilities of regulatory bodies for investment management

a) Request the Government and the Prime Minister to consider approving strategies, plannings, plans, and policies for investments in Vietnam and outward investments;

b) Promulgate or request competent authorities to promulgate legislative documents on investments in Vietnam and outward investments;

c) Provide forms of documents serving procedures for investments in Vietnam and outward investments;

d) Provide instruction, organize, supervise, inspect, and assess the implementation of legislative documents on investments;

dd) Assess and report the developments of investments in Vietnam and outward investments;

e) Develop, manage, and operate National Investment Information System;

g) Take charge and cooperate with relevant agencies in supervising, assessing, and inspecting investments in Vietnam and outward investments;

h) Request competent authorities to decide the suspension of projects that are approved or adjusted ultra vires or against regulations of law on investment;

i) Perform state management tasks pertaining to Industrial parks, export-processing zones, economic zones;

k) Perform state management tasks pertaining to investment promotion in Vietnam and overseas;

l) Negotiate and conclude international agreements on investments;

m) Other responsibilities and rights pertaining to investment management given by the Government and the Prime Minister.

a) Cooperate with the Ministry of Planning and Investment, other Ministries and ministerial agencies in formulating laws and policies on investments;

b) Take charge and cooperate with other Ministries and ministerial agencies in formulating laws, policies, standards, technical regulations, and instructions;

c) Impose and request Government to promulgate conditions for making investment in the business lines mentioned in Article 7 of this Law;

d) Take charge and cooperate with the Ministry of Planning and Investment in formulating planning and compiling a list of projects attracting investments; carry out investment promotion;

dd) Participating in appraisal of projects subject to issuance of decisions on investment policies as prescribed in this Law;

e) Carry out supervision, assessment, and inspection of the fulfillment of investment conditions of the projects under their management;

g) Take charge and cooperate with the People’s Committees of provinces, other Ministries and ministerial agencies in resolving difficulties of investment projects in state management; provide guidance on distribution of powers and authorize management boards of industrial parks, export-processing zones, hi-tech zones, and economic zones to perform state management tasks therein;

h) Carry out periodic assessments of socio-economic effects of projects under their management and send reports to the Ministry of Planning and Investment;

i) Maintain and update management information systems under their management; integrate them into the National Investment Information System.

a) Cooperate with Ministries, ministerial agencies in compiling and issuing Lists of local projects attracting investments;

b) Follow procedures issuance, adjustment, and revocation of Certificates of investment registration;

c) Exercise the rights of regulatory bodies to projects under their management;

d) Resolve investors’ difficulties or request competent authorities to do so;

dd) Carry out periodic assessments of effectiveness of local projects and send reports to the Ministry of Planning and Investment;

e) Maintain, update National Investment Information System within their competence;

g) Provide instructions on organization, supervisions, and assessment of reporting.

Article 69. Supervision and assessment of investment

a) Supervision and assessment of investment project;

b) Supervision and assessment of investment on an overall scale.

a) The National Assembly and the People’s Councils shall exercise their rights to supervise investment as prescribed by law;

b) Investment authorities and specialized authorities shall carry out supervision and assessment of investment on an overall scale and each project under their management;

c) Register offices shall supervise and assess the investment projects to which they grant Certificates of investment registration;

d) Vietnamese Fatherland Front shall supervise community investments within their competence.

a) With regard to projects funded by state capital, investment authorities and specialized authorities shall carry out supervision and assessment according to the contents of the decisions on investment;

b) With regard to projects funded by other sources, investment authorities and specialized authorities shall supervise and assess the conformity of the planning and investment policies approved by competent authorities, the investment schedule, fulfillment of environmental protection requirements, use of land and other resources as prescribed by law;

c) Registry offices shall assess the adherence to Certificates of investment registration and decisions on investment policies.

a) Promulgation of legislative documents on guidelines for regulations of law on investment;

b) Progress of project execution;

c) Assessment of investment result nationwide, of Ministries, ministerial agencies, local authorities, and investment projects under their management;

d) Propose solutions for difficulties and actions against violations to regulatory agencies at the same level and investment authorities.

Article 70. National Investment Information System

a) National Information System for Domestic Investment;

b) National Information System for Inward and Outward Investments.

Article 71. Reports on investment in Vietnam

a) Ministries, ministerial agencies, the People’s Committees of provinces;

b) Registry offices;

c) Investors and business organizations executing projects as prescribed in this Law.

a) Investors and business organizations executing investment projects shall submit monthly, quarterly, and annual reports to registry offices and local statistical agencies on the project execution, which specify: capital, investment results, employees, payment to government budget, investment in R&D, environmental protection, and other professional indicators;

b) Register offices shall submit monthly, quarterly, and annual reports to the Ministry of Planning and Investment and the People’s Committees of provinces on receipt of applications, issuance, adjustment, and revocation of Certificates of investment registration, and the operation of projects under their management;

c) The People’s Committees of provinces shall submit quarterly and annual reports on local investments to the Ministry of Planning and Investment;

d) Ministries and ministerial agencies shall submit quarterly and annual reports on issuance, adjustment, and revocation of Certificates of investment registration and equivalent papers under their management, and the operation of projects under their management to the Ministry of Planning and Investment. Then, the Ministry of Planning and Investment shall submit a summary report to the Prime Minister;

dd) The Ministry of Planning and Investment shall submit quarterly and annual reports to the Prime Minister on investments nationwide and adherence to regulations on investment reporting of the entities mentioned in Clause 1 of this Article.

Article 72. Reports on overseas investment

a) Ministries, ministerial agencies, the People’s Committees of provinces;

b) Registry offices where outward investments are registered;

c) Investors executing projects as prescribed in this Law.

a) Ministries, ministerial agencies, the People’s Committees of provinces shall submit biannual and annual reports on state management of outward investments within their competence to the Ministry of Planning and Investment and the Prime Minister;

b)  The Ministry of Planning and Investment shall submit biannual and annual reports on investments nationwide and adherence to regulations on investment reporting of the entities mentioned in Clause 1 of this Article to the Prime Minister.

a) Within 60 days from the day on which the project is approved or licensed as prescribed by law of the host country, the investor shall send a written notification of overseas investment enclosed with a copy of the written approval for the project or a document proving the right to make direct investment in the host country to the Ministry of Planning and Investment, the State bank of Vietnam, and a diplomatic mission of Vietnam in the host country;

b) The investor shall submit quarterly and annual reports on the operation of the project to the Ministry of Planning and Investment, the State bank of Vietnam, and a diplomatic mission of Vietnam in the host country;

c) Within 06 months from the day on which the annual tax declaration or an equivalent document is available as prescribed by the host country’s law, the investor shall submit a report on the operation of the project enclosed with the financial statement, annual tax declaration, or an equivalent document prescribed by the host country’s law to the Ministry of Planning and Investment, the State bank of Vietnam, the Ministry of Finance, a diplomatic mission of Vietnam in the host country, and a competent authorities prescribed in this Law and relevant laws;

d) If the outward investment project is funded by state capital, apart from complying with regulations in Points a, b, and c of this Clause, the investor shall make reports in accordance with regulations of law on management and investment of state capital in other businesses.

Chapter VII

IMPLEMENTATION

Article 73. Actions against violations

Article 74. Transition

Article 75. Amendments to Clause 1 Article 18 of the Law on High technology No. 21/2008/QH12

Clause 1 Article 18 of the Law on High technology No. 21/2008/QH12 is amended as follows:

“1. A high technology must satisfy the following criteria:

a) Producing hi-tech products on the List of hi-tech products given priority prescribed in Article 6 of this Law;

b) Applying eco-friendly, energy-saving solutions to manufacturing and quality control in accordance with Vietnam’s technical regulations and standards (or international standards if no Vietnam’s technical regulations and standards are available);

c) Other criteria established by the Prime Minister.”.

Article 76. Effect

This Law is passed by the 13th National Assembly of Socialist Republic of Vietnam on November 26, 2014 during the 8th session.

 

  PRESIDENT OF THE NATIONAL ASSEMBLY Nguyen Sinh Hung

 

APPENDIX 1

LIST OF NARCOTIC SUBSTANCES BANNED FROM INVESTMENT

Name of substance Scientific name CAS code
1 Acetorphine 3-O-acetyltetrahydro – 7 – a – (1 – hydroxyl -1 – methylbutyl) – 6, 14 – endoetheo – oripavine 25333-77-1
2 Acetyl-alpha– methylfenanyl N– [1 – (a – methylphenethyl) – 4 – piperidyl] acetanilide 101860-00-8
3 Alphacetylmethadol a – 3 – acetoxy – 6 – dimethylamino – 4,4 – diphenylheptane 17199-58-5
4 Alpha-methylfentanyl N– [ 1 – (a – methylphenethyl) – 4 – piperidyl] propionanilide 79704-88-4
5 Beta-hydroxyfentanyl N– [ 1 – (b – hydroxyphenethyl) – 4 – piperidyl] propionanilide 78995-10-5
6 Beta-hydroxymethyl-3 – fentanyl N– [1 – (b – hydroxyphenethyl) – 3 – methyl – 4 – piperidyl] propinonardlide 78995-14-9
7 Brolamphetamine (DOB) 2,5 – dimethoxy – 4 – bromoamphetamine 64638-07-9
8 Marijuana And Derivatives   8063-14-7
9 Cathinone (-) – a – aminopropiophenone 71031-15-7
10 Desomorphine Dihydrodeoxymorphine 427-00-9
11 DET N, N– diethyltryptamine 7558-72-7
12 Delta-9-tetrahydrocanabinol và các đồng phân (6aR, 10aR) – 6a, 7, 8, 10a– tetrahydro – 6,6,9 – trimethyl – 3 – pentyl – 6H– dibenzo [b,d] pyran -1 – ol 1972-08-3
13 DMA (±) – 2,5 – dimethoxy – a – methylphenylethylamine 2801-68-5
14 DMHP 3 – (1,2 – dimethylheptyl) -1 – hydroxy – 7, 8, 9, 10 – tetrahydro – 6,6,9 – trimethyl – 6H- dibenzo [b,d] pyran 32904-22-6
15 DMT N, N– dimethyltryptamine 61-50-7
16 DOET (±) – 4 – ethyl – 2,5 – dimethoxy -a- phenethylamine 22004-32-6
17 Eticyclidine N– ethyl -1 – phenylcylohexylamine 2201-15-2
18 Etorphine Tetrahydro -7a – (1 – hydroxy – 1 – methylbutyl) – 6,14 – endoetheno – oripavine 14521-96-1
19 Etryptamine 3 – (2 – aminobuty) indole 2235-90-7
20 Heroine Diacetylmorphine 561-27-3
21 Ketobemidone 4 – meta – hydroxyphenyl – 1 – methyl – 4 – propionylpiperidine 469-79-4
22 MDMA (±) – N-a – dimethyl – 3,4 – (methylenedioxy) phenethylamine 42542-10-9
23 Mescalin 3,4,5 – trimethoxyphenethylamine 54-04-6
24 Methcathinone 2 – (methylamino) -1 – phenylpropan – 1 – one 5650-44-2
25 4 – methylaminorex (±) – cis – 2 – amino – 4 – methyl – 5 – phenyl – 2 – oxazoline 3568-94-3
26 3 – methylfentanyl N– (3 – methyl – 1 – phenethyl – 4 – piperidyl) propionanilide 42045-86-3
27 3 – methylthiofentanyl N– [3 – methyl – 1 [2 – (2 – thienyl) ethyl] – 4 – piperidyl] propionanilide 86052-04-2
28 MMDA (±) – 5 – methoxy – 3,4 – methylenedioxy – a – methylphenylethylamine 13674-05-0
29 Morphine methobromide derivatives of other Morphine Nitrogen V (5a,6a)-17 -Methyl-7,8 -didehydro-4,5 – epoxymorphinan-3,6-diol – bromomethane (1:1) 125-23-5
30 MPPP 1 – methyl – 4 – phenyl – 4 – piperidinol propionate (ester) 13147-09-6
31 (+) – Lysergide (LSD) 9,10 – didehydro -N,N- diethyl – 6 – methylergoline – 8b carboxamide 50-37-3
32 N – hydroxy MDA (MDOH) (±) – N– hydroxy – [a – methyl – 3,4 – (methylenedyoxy) phenethyl] hydroxylamine 74698-47-8
33 N-ethyl MDA (±) N – ethyl – methyl – 3,4 – methylenedioxy) phenethylamine 82801-81-8
34 Para – fluorofentanyl 4’ – fluoro – N – (1 – phenethyl – 4 – piperidyl) propionanilide 90736-23-5
35 Parahexyl 3 – hexyl – 7, 8, 9, 10 – tetrahydro – 6, 6, 9 – trimethyl – 6H– dibenzo [b,d] pyran – 1 – ol 117-51-1
36 PEPAP 1 – phenethyl – 4 – phenyl – 4 – piperidinol acetate 64-52-8
37 PMA p – methoxy – a – methylphenethylamme 64-13-1
38 Psilocine, Psilotsin 3 – [2 – (dimetylamino) ethyl] indol – 4 – ol 520-53-6
39 Psilocybine 3 – [2 – dimetylaminoethyl] indol – 4 – yl dihydrogen phosphate 520-52-5
40 Rolicyclidine 1 – (1 – phenylcyclohexy) pyrrolidine 2201-39-0
41 STP, DOM 2,5 – dimethoxy – 4, a – dimethylphenethylamine 15588-95-1
42 Tenamfetamine (MDA) a – methyl – 3,4 – (methylendioxy) phenethylamine 4764-17-4
43 Tenocyclidine (TCP) 1 – [1 – (2 – thienyl) cyclohexyl] piperidine 21500-98-1
44 Thiofentanyl N – (1 [2- (2 – thienyl) ethyl] – 4 – piperidyl] – 4 – propionanilide 1165-22-6
45 TMA (+) – 3,4,5 – trimethoxy – a – methylphenylethylamine 1082-88-8

This List covers every salt that can exist of the substances therein.

 

APPENDIX 2

LIST OF CHEMICALS AND MINERALS

Chemical name CAS code HS code
A Toxic chemical    
1 O-Alkyl compounds (≤C10, including cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)-phosphonofluoridate  
  Example: 107-44-8
  Sarin: O-Isopropylmethylphosphonofluoridate 96-64-0
  Soman: O-Pinacolyl methylphosphonofluoridate    
2 O-Alkyl compounds (≤C10, including cycloalkyl) N,N- dialkyl(Me, Et, n-Pr or i-Pr) – phosphoramidocyanidate  
  Example:    
  Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate 77-81-6
3 O-Alkyl compounds (H or ≤C10, including cycloalkyl) S- 2-dialkyl

(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-Pr hoặc i-Pr) phosphonothiolate and alkylized salts or protonized salts thereof.

 
  Example:    
  VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate 50782-69-9
4 sulfur-containing mustard gases (Sulfur mustards):    
ð 2-Chloroethylchloromethylsulfide

ð mustard gas: Bis(2-chloroethyl)sulfide

ð Bis(2-chloroethylthio) methane

ð Sesquimustard:

1,2-Bis(2-chloroethylthio)ethane

ð 1,3-Bis(2-chloroethylthio)-n-propane

ð 1,4-Bis(2-chloroethylthio)-n-butane

ð 1,5-Bis(2-chloroethylthio)-n-pentane

ð Bis(2-chloroethylthiomethyl)ether

ð mustard gas containing sulfur and oxygen: Bis(2- chloroethylthioethyl) ether

2625-76-5

505-60-2

63869-13-6

3563-36-8

 

63905-10-2

142868-93-7

142868-94-8

63918-90-1

63918-89-8

 
5 Lewisite compounds (containing Arsen): Lewisite 1: 2- Chlorovinyldichloroarsine 541-25-3
Lewisite 2: Bis(2-chlorovinyl)chloroarsine Lewisite 3: Tris(2-chlorovinyl)arsine 40334-69-8

40334-70-1

6 Nitrogen mustards: HN1: Bis(2- chloro ethyl)ethylamine 538-07-8
  HN2: Bis(2-chloroethyl)methylamme 51-75-2
  HN3: Tris(2-chloroethyl)amine 555-77-1
7 Saxitoxin 35523-89-8
8 Ricin 9009-86-3
B Precursors    
1 Alkyl compounds (Me, Et, n-Pr or i-Pr) phosphonyldifluoride    
  676-99-3
2 O-Alkyl compounds (H or ≤C10, including cycloalkyl) O- 2-dialkyl

(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl

(Me, Et, n-Pr or i-Pr) phosphonite and alkylized salts or protonized salts thereof

Example:

 
  QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite 57856-11-8
3 Chlorosarin: O-Isopropyl methylphosphonochloridate 1445-76-7
4 Chlorosoman: O-Pinacolyl methylphosphonochloridate 7040-57-5
C Minerals    
1 Color asbestos of amphibole group    

 

APPENDIX 3

LIST OF ENDANGERED AND RARE SPECIES

GROUP I: List of endangered and rare species banned from trading

Vietnamese name Scientific name
  NGÀNH THÔNG PINOPHYTA
  LỚP THÔNG PEVOSIDA
  Họ Hoàng đàn Cupressaceae
1 Bách Đài Loan Taiwania cryptomerioides
2 Bách vàng Xanthocyparis vietnamensis
3 Hoàng đàn Cupressus torulosa
4 Sa mộc dầu Cunninghamia konishii
5 Thông nước Glyptostrobus pensilis
  Họ Thông Pinaceae
6 Du sam đá vôi Keteleeria davidiana
7 Vân sam Fan si pang Abies delavayi var. nukiangensis
  NGÀNH MỘC LAN MAGNOLIOPHYTA
  LỚP MỘC LAN MAGNOLIOPSIDA
  Họ dầu Dipterocarpaceae
8 Chai lá cong Shorea falcata
9 Kiền kiền Phú Quốc Hopea pierrei
10 Sao hình tim Hopea cordata
11 Sao mạng Cà Ná Hopea reticulata
  Họ Hoàng liên gai Berberidaceae
12 Hoàng liên gai Berberis julianae
  Họ Mao lương Ranunculaceae
13 Hoàng liên chân gà Coptis quinquesecta
14 Hoàng liên Trung Quốc Coptis chinensis
  Họ Ngũ gia bì Araliaceae
15 Sâm vũ diệp (Vũ diệp tam thất) Panax bipinnatifidus
16 Sâm Ngọc Linh Panax vietnamensis
17 Tam thất hoang Panax stipuleamtus
  LỚP HÀNH LILIOPSIDA
  Họ lan Orchidaceae
18 Các loài Lan kim tuyến Anoectochilus spp.
19 Các loài Lan hài Paphiopedilum spp.
Vietnamese name Scientific name
  LỚP THÚ MAMMALIA
  BỘ CÁNH DA DERMOPTERA
  Họ Chồn dơi Cynocephaliadea
1 Chồn bay (Cầy bay) Cynocephalus variegatus
  BỘ LINH TRƯỞNG PRIMATES
  Họ Cu li Loricedea
2 Cu li lớn Nycticebus bengalensis
3 Cu li nhỏ Nycticebus pygmaeus
  Họ Khỉ Cercopithecidae
4 Voọc bạc Đông Dương Trachypithecus villosus
5 Voọc Cát Bà (Voọc đen đầu vàng) Trachypithecus poliocephalus
6 Voọc chà vá chân đen Pygathrix nigripes
7 Voọc chà vá chân đỏ (Voọc chà vá chân nâu) Pygathrix nemaeus
8 Voọc chà vá chân xám Pygathrix cinerea
9 Voọc đen Hà Tĩnh (Voọc gáy trăng) Trachypithecus hatinhensis
10 Voọc đen má trắng Trachypithecus francoisi
11 Voọc mông trắng Trachypithecus delacouri
Í2 Voọc mũi hếch Rhinopithecus avunculus
13 Voọc xám Trachypithecus barbei
  Họ Vượn Hylobatidae
14 Vượn đen má hung Nomascus (Hylobates) gabriellae
15 Vượn đen má trắng Nomascus (Hylobates) leucogenys
16 Vượn đen tuyền Đông Bắc (Vượn Cao Vít) Nomascus (Hylobates) nasutus
17 Vượn đen tuyền Tây Bắc Nomascus (Hylobates) concolor
  BỘ THÚ ĂN THỊT CARNIVORA
  Họ Chó Camidae
18 Sói đỏ (Chó sói lửa) Cuon alpinus
  Họ Gấu Ursidea
19 Gấu chó Ursus (Helarctos) malaycmus
20 Gấu ngựa Ursus (Selenarctos) thibetanus
  Họ Chồn Mustelidea
21 Rái cá lông mũi Lutra sumatrana
22 Rái cá lông mượt Lutrogale perspicillata
23 Rái cá thường Lutra lutra
24 Rái cá vuốt bé Aonyx cinereus
  Họ Cầy Viverridae
25 Cầy mực (Cầy đen) Arctictis binturong
  Họ Mèo Felidea
26 Báo gấm Neofelis nebulosa
27 Báo hoa mai Panthera pardus
28 Beo lửa (Beo vàng) Catopuma temminckii
29 Hổ Panthera tigris
30 Mèo cá Prionailurus viverrinus
31 Mèo gấm Pardofelis marmorata
  BỘ CÓ VÒI PROBOSCIDEA
32 Voi Elephas maximus
  BỘ MÓNG GUỐC LẺ PERISSODACTYLA
33 Tê giác một sừng Rhinoceros sondaicus
  BỘ MÓNG GUỐC ARTIODACTYLA
  NGÓN CHẴN  
  Họ Hươu nai Cervidea
34 Hươu vàng Axis porcinus
35 Hươu xạ Moschus berezovskii
36 Mang lớn Megamuntiacus vuquangensis
37 Mang Trường Sơn Muntiacus truongsonensis
38 Nai cà tong Rucervus eldi
  Họ Trâu bò Bovidea
39 Bò rừng Bos javanicus
40 Bò tót Bos gaurus
41 Bò xám Bos sauveli
42 Sao la Pseudoryx nghetinhensis
43 Sơn dương Naemorhedus sumatraensis
44 Trâu rừng Bubalus arnee
  BỘ TÊ TÊ PHOLIDOTA
  Họ Tê tê Manidae
45 Tê tê java Manis javanica
46 Tê tê vàng Manis pentadactyla
  BỘ THỎ RỪNG LAGOMORPHA
  Họ Thỏ rừng Leporidae
47 Thỏ vằn Nesolagus timinsi
  BỘ CÁ VOI CETACEA
  Họ Cá heo Delphinidea
48 Cá Heo trắng Trung Hoa Sousa chinensis
  BỘ HẢI NGƯU SIRNIA
49 Bò biển Dugong dugon
  LỚP CHIM AVES
  BỘ BỒ NÔNG PELECANIFORMES
  Họ Bồ nông Pelecanidea
50 Bồ nông chân xám Pelecanus philippensis
  Họ Cổ rắn Anhingidea
51 Cổ rắn (Điêng điểng) Anhinga melanogaster
  Họ Diệc Ardeidea
52 Cò trắng Trung Quốc Egretta eulophotes
53 Vạc hoa Gorsachius magnifcus
  Họ Hạc Ciconiidea
54 Già đẫy nhỏ Leptoptilos javanicus
55 Hạc cổ trắng Ciconia episcopus
  Họ Cò quắm Threskiomithidea
56 Cò thìa Platalea minor
57 Quắm cánh xanh (Cò quắm cánh xanh) Pseudibis davisoni
58 Quắm lớn (Cò quắm lớn) Thaumatibis gigantea
  BỘ NGỖNG ANSERIFORMES
  Họ Vịt Anatidea
59 Ngan cánh trắng Cairina scutulata
  BỘ GÀ GALLIFORMES
  Họ Trĩ Phasianidea
60 Gà so cổ hung Arborophila davidi
61 Gà lôi lam mào trắng Lophura echvardsi
62 Gà lôi tía Tragopan temminckii
63 Gà tiền mặt đỏ Polyplectron germaini
64 Gà tiền mặt vàng Polyplectron bicalcaratum
  BỘ SẾU GRUIFORMES
  Họ Sếu Gruidae
65 Sếu đầu đỏ (Sếu cổ trụi) Grus antigone
  Họ Ô tác Otidae
66 Ô tác Houbaropsis bengalensis
  BỘ SẢ CORACIIFORMES
  Họ Hông hoàng Bucerotidae
67 Niệc nâu Ptilolaemus tickelli
68 Niệc cổ hung Aceros nipalensis
69 Niệc mỏ vằn Aceros undulatus
70 Hồng hoàng Buceros bicornis
  BỘ SẺ PASSERRIFORMES
  Họ Khướu Timaliidae
71 Khướu Ngọc Linh Garrulax Ngoclinhensis
  LỚP BÒ SÁT REPTILIA
  BỘ CÓ VẢY SQUAMATA
  Họ Kỳ đà Varanidae
72 Kỳ đà hoa Varanus salvator
73 Kỳ đà vân (Kỳ đà núi) Varanus bengalensis
  Họ Rắn hổ Elapidae
74 Rắn hổ chúa Ophiophagus hannah
  BỘ RÙA TESTUDINES
  Họ Rùa da Dermochelyidae
75 Rùa da Dermochelys coriacea
  Họ Vích Cheloniidae
76 Đồi mồi Eretmochelys imbricata
77 Đồi mồi dứa Lepidochelys olivacea
78 Quản đồng Caretta caretta
79 Vích Chelonia mydas
  Họ Rùa đầm Cheloniidae
80 Rùa hộp ba vạch (Rùa vàng) Cuora trifasciata
81 Rùa hộp trán vàng miền Bắc Cuora galbinifrons
82 Rùa trung bộ Mauremys annamensis
83 Rùa đầu to Platysternon megacephalum
  Họ Ba ba Trionychidae
84 Giải khổng lồ Pelochelys cantorii
85 Giải Sin-hoe (Giải Thượng Hải) Rafetus swinhoei
  LỚP CÁ  
  BỘ CÁ CHÉP CYPRINIFORMES
  Họ Cá Chép Cyprinidae
86 Cá lợ thân thấp Cyprinus multitaeniata
87 Cá chép gốc Procypris merus
88 Cá mè Huế Chanodichthys flavpinnis
  BỘ CÁ CHÌNH ANGUILLIFORMES
  Họ cá chình Aneuillidae
89 Cá chình nhật Anguilla japonica
  BỘ CÁ ĐAO PRISTIFORMES
  Họ cá đao Pristidae
90 Cá đao nước ngọt Pristis microdon

 

APPENDIX 4

LIST OF CONDITIONAL INVESTMENTS

Business line
1 Seal production
2 Combat gear trading (including repair)
3 Firecracker trading
4 Pawnshop services
5 Massage services
6 Trading of warning devices of emergency vehicles
7 Security services
8 Paint gun services
9 Lawyer’s practice
10 Notary’s practice
11 Judicial assessment in the fields of finance, banking, construction, antiques, relics, copyrights.
12 Auctioneering services
13 Arbitration services
14 Bailiff’s practice
15 Asset liquidator’s practice
16 Accounting services
17 Audit services
18 Tax agent services
19 Customs brokerage services
20 Duty-free goods trading
21 Bonded warehouse services
22 Domestic LCL consolidation services
23 Gathering services and customs inspection services inside and outside border checkpoint areas
24 Securities trading
25 Securities registration, depository, offsetting, and liquidation services by Vietnam Securities Depository/organizations trading in listed securities and other securities.
26 Insurance
27 Reinsurance
28 Insurance brokerage
29 Insurance agency
30 Insurance agency training services
31 Price verification services
32 Consulting services serving company values for equitization
33 Lottery business
34 Electronic games of chance for foreigners
35 Debt collection services
36 Debt trading services
37 Credit rating services
38 Casino business
39 Betting business
40 Voluntary pension fund management services
41 Oil and gas trading
42 Gas trading
43 Commercial assessment services
44 Industrial explosive trading (including destruction thereof)
45 Explosive precursor trading
46 Business operations using industrial explosives and explosive precursor
47 Blasting services
48 Trading in chemicals except banned chemicals according to Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction
49 Inorganic fertilizer trading
50 Alcohol trading
51 Trading in tobacco products, tobacco materials, machinery and equipment serving tobacco industry
52 Commodity exchange operation
53 Electricity generation, transmission, distribution, wholesaling, retailing, import, and consultancy
54 Trading in foods under the management of the Ministry of Industry and Trade
55 Rice export
56 Temporary import for re-export of goods subject to special excise tax
57 Temporary import for re-export of frozen food
58 Temporary import for re-export of goods on the List of used goods
59 Franchising
60 Coal trading
61 Logistics services
62 Mineral trading
63 Industrial precursor trading
64 Goods trading and activities directly related goods trading of foreign investors
65 Electronic commerce activities
66 Petroleum activities
67 Assessment of conformity of pneumatic tools, industrial lifting devices, chemicals, industrial explosives, equipment serving mineral and petroleum extraction; except for equipment and instruments serving extraction at sea
68 Vocational training
69 Association with foreign vocational training institutions and foreign-invested vocational training institutions in vocational training at intermediate and college levels
70 Fire safety and firefighting services
71 Occupational skill assessment services
72 Quality assessment of joint vocational programs with foreign vocational training institutions and foreign-invested vocational training institutions in Vietnam.
73 Occupational safety assessment services with regard to machinery and supplies with strict occupational safety requirements
74 Occupational safety and occupational hygiene training services
75 Employment agency services
76 Overseas employment services
77 Voluntary drug rehabilitation services
78 Conformity declaration and certification services
79 Outsourcing services
80 Road transport services
81 Car warranty and maintenance services
82 Motor vehicle inspection services
83 Driving school services
84 Traffic safety inspector training services
85 Driving test services
86 Traffic safety inspection services
87 Waterway transport services
88 Building, modifying, repairing inland watercraft
89 Provision of training for crewmembers and operators of inland watercraft
90 Ship transport, shipping agency services
91 Multi-level marketing business
92 Ship towing services
93 Importing, dismantling used sea-going ship
94 Sea-going ship building, modification, repair services
95 Sea port operation
96 Air transport business
97 Design, production, maintenance, testing of aircraft, aircraft engines, propellers, and equipment thereof in Vietnam
98 Airport operation
99 Aviation services at airports
100 Air navigation services
101 Flight crew training services
102 Rail transport business
103 Rail infrastructure business
104 Rail transport business
105 Multimodal transport business
106 Transport of dangerous goods using road or waterway vehicles
107 Pipeline transport servicse
108 Maritime navigation services
109 Real estate trading
110 Provision of training in real estate brokerage, real estate valuation, and operation of real estate exchanges
111 Provision of training in apartment building management and operation
112 Provision of training in construction project management
113 Project management consultancy services
114 Construction survey services
115 Construction design assessment services
116 Construction supervision services
117 Construction services
118 Investment project planning and assessment services
119 Foreign investors’ construction
120 Project management consultancy services
121 Construction work conformity assessment and certification services
122 Lighting and greenery system operation services
123 Shared infrastructure operation services
124 Construction planning development services
125 Urban planning development services provided by foreign entities
126 Trading in white asbestos of Serpentine group
127 Postal services
128 Telecommunications services
129 Import of radio transmitters and transceivers
130 Digital signature authentication services
131 Establishment and operation of publishers
132 Printing services
133 Publication release services
134 Social network services
135 Online games business
136 Pay radio/television services
137 News website development services
138 Processing, recycling, repair, refurbishment of used IT products on the list of used IT products banned from import for foreign partners
139 Pay-per-view television services
140 Provision of information and IT services on mobile network or the Internet
141 Trading in mobile phone jammers
142 Provision of information security products and services
143 Operation of higher education institutions
144 Operation of foreign-capitalized educational institutions, representative offices of foreign educational institutions in Vietnam, branches of foreign-capitalized educational institutions
145 Operation of continuing education institution
146 Operation of students’ education centers
147 Operation of compulsory education institutions
148 Vocational training
149 Operation of specialized schools
150 Operation of preschool education institutions
151 Educational cooperation with foreign partners
152 Extra classes
153 Fishing
154 Trading in fishing instruments
155 Fish trading
156 Trading in aquatic feed
157 Trading in biological preparations, microorganisms, chemicals, environmental remediation agents serving aquaculture
158 Aquatic breed testing services
159 Aquatic feed testing services
160 Breeding, raising, propagating  wild animals and plans according to CITES Appendix
161 Breeding, raising, propagating endangered or rare wild animals and palns according to CITES Appendix
162 Breeding, raising normal wild animals
163 Export, import, re-export, transit wild specimens according to CITES Appendix
164 Export, import, re-export bred, raised, propagated specimens according to CITES Appendix
165 Pesticide trading
166 Processing items required to undergo plant quarantine
167 Pesticide testing services
168 Plant protection services
169 Trading in veterinary medicines, biological preparations, vaccines, microorganisms, chemicals serving veterinary medicine
170 Veterinary services
171 Animal surgery, animal testing services
172 Vaccination, diagnosis, prescription, treatment, and healthcare services for animals
173 Trading in veterinary medicines, biological preparations, vaccines, microorganisms, chemicals serving veterinary medicine
174 Concentrated breeding, breed production services; slaughtering; quarantine of animals and products thereof; production of animal-derived materials for animal feed production; preparing, processing, preserving animals and products thereof; trading in animal products; preparing, processing, packaging, preserving animal products
175 Trading in foods under the management of the Ministry of Agriculture and Rural Development
176 Trading, testing organic fertilizers
177 Trading in plant varieties, animal breeds
178 Manufacture of animal feeds
179 Import of animal feeds
180 Exporting, importing rare, endangered terrestrial wild animals and plants according to CITES Appendix
181 Trading in forest plants, animals restricted from trading
182 Trading in ornamental plants, shade trees, ancient trees from Vietnam’s natural forests
183 Trading in firewood from timber or from Vietnam’s natural forests
184 Trading in sperms, embryos, eggs, and lavas
185 Trading in biological preparations, microorganisms, chemicals, environmental remediation agents serving aquaculture
186 Testing biological preparations, microorganisms, chemicals, environmental remediation agents serving aquaculture
187 Trading in genetically modified food
188 Provision of training in bidding
189 Bidding agency services
190 Project assessment consultancy services
191 Provision of training in project assessment
192 Medical examination and treatment services
193 HIV testing services
194 Tissue bank services
195 Childbirth assistance, sperm preservation, embryo preservation services
196 Medicine trading
197 Medicine testing services
198 Cosmetics production
199 Infectious microorganism testing services
200 Vaccination services
201 Trading in medical and household anti-insect and antibacterial chemicals
202 Opioid replacement therapy services
203 Trading in foods under the management of the Ministry of Health
204 Plastic surgery services
205 Surrogacy services
206 Bioavailability and bioequivalence assessment services
207 Clinical trial of medicines
208 Trading in medical equipment
209 Medical equipment classification
210 Medical equipment testing services
211 Industrial property verification services
212 Radiological work services
213 Atomic energy application ancillary services
214 Export, import, and transport of radioactive materials
215 Technological conformity assessment services
216 Inspection, calibration, testing of measuring instruments and measurement standards
217 Motorcycle helmet trading
218 Technology assessment, valuation, and examination services
219 Intellectual property representation services
220 Film production
221 Antique examination services
222 Monument protection or renovation project planning, execution, supervision services
223 Karaoke, dance club business
224 Travel services
225 Sports business
226 Art performance, fashion show, beauty contest, model contest services
227 Trading in audio and video recordings of art performances
228 Festival organization services
229 Trading in art or photography works
230 Accommodation services
231 Advertising services
232 Trading in relics, antiques, national treasures
233 Museum services
234 Electronic games business (except for electronic casino games for foreigners and online electronic casino games)
235 Export of relics, antiques other than those under the ownership of the state, political organizations, socio-political organizations; import of cultural commodities under the management of the Ministry of Culture, Sports and Tourism
236 Verification of copyright and relevant rights
237 Land survey and assessment services
238 Land planning services
239 IT infrastructure and software infrastructure development services
240 Land database development services
241 Land pricing services
242 Land use right auction services
243 Geodesy and cartography services
244 Underground water drilling services
245 Underground water survey services
246 Water supply, processing, and extraction services
247 Underground water drilling services
248 Mineral exploration services
249 Mineral extraction
250 Harmful waste management services
251 Scrap material import
252 Environmental monitoring services
253 Strategic environment assessment, environmental impact assessment, environmental protection scheme consultancy services
254 Trading in biological preparations
255 Collection, transport, processing of refuse
256 Business operation of commercial banks
257 Business operation of non-bank credit institutions
258 Business operation of cooperatives, people’s credit funds, microfinance institutions
259 Provision of payment services
260 Credit information service provision
261 Foreign exchange activities
262 Trading in gold bullion
263 Manufacture of gold bullion, export raw gold and import raw gold for manufacture of gold bullion
264 Manufacture of gold jewellery
265 Import of commodities under the management of the State bank (money vault door)
266 Money printing, molding
267 Trading in military clothing and equipment of the armed forces, military weapons, technologies, devices, vehicles for the military and police; parts, components, supplies, specialized equipment, and technologies for manufacture thereof

 

 

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