Detailed Regulations and Instructions for Implementation of a Number of Articles of the Investment Law 2021

GOVERNMENT ———	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness —————
No. 31/2021/ND-CP	Hanoi, March 26, 2021

DECREE:

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON INVESTMENT

Pursuant to the Law on Organization of the Government dated June 19, 2015; Law amending and supplementing a number of articles of the Law on Organization of the Government and the Law on Organization of Local Governments dated November 22, 2019;
Pursuant to the Law on Investment dated June 17, 2020;
Pursuant to the Law on Enterprises dated June 17, 2020;
At the request of the Minister of Planning and Investment;
The Government promulgates a Decree detailing and guiding the implementation of a number of articles of the Law on Investment.

Chapter I: GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application
This Decree details and guides the implementation of a number of articles of the Law on Investment on business investment conditions; industry lines and market access conditions for foreign investors; business investment assurance; investment incentives and supports; investment procedures; outward investment activities; investment promotion; state management of business investment activities in Vietnam and outward investment.
2. Outward investment activities in the forms specified at Point d, Clause 1, Article 52 of the Law on Investment; outward investment activities in the field of oil and gas; procedures for approving investment guidelines by the National Assembly and investment supervision and assessment are specified in separate Decrees of the Government.
3. This Decree applies to investors and competent state agencies; organizations and individuals related to business investment activities in Vietnam and outward investment activities.
Article 2. Explanation of terminology
In this Decree, the following terms shall be construed as follows:
A valid copy is a copy issued from the master register or a certified copy of the original by a competent agency or organization or from the national database, in case the original information is stored on the national population database,  business registration and investment.
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 for foreign language documents and enclosed Vietnamese translations.
3. The National Investment Portal is a part of the National Investment Information System, which is used to carry out procedures for issuance and adjustment of investment registration certificates and outward investment registration certificates; posting and updating legal documents, policies and market access conditions for foreign investors; update and exploit information on investment promotion activities, foreign investment in Vietnam, outward investment, development of industrial parks and economic zones and state management of investment activities.
Agencies applying investment incentives are tax authorities, finance agencies, customs offices and other competent agencies corresponding to each type of investment incentives.
An international treaty on investment means an international treaty effective 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 for investment activities of investors in a country or territory are parties to such treaties, including:
a) Bilateral and multilateral agreements on investment promotion and protection;
b) Free trade agreements and other regional economic integration agreements;
c) The Protocol on accession to the Agreement establishing the World Trade Organization (WTO) of the State of the Socialist Republic of Vietnam signed on November 7, 2006;
d) Other international treaties stipulating the rights and obligations of the State or the Government of the Socialist Republic of Vietnam related to investment activities.
6. A valid dossier means a dossier with sufficient papers as prescribed in the Law on Investment and this Decree and the contents of such papers are fully declared in accordance with law.
Dossier for implementation of investment procedures means a dossier prepared by an investor or a competent state agency to carry out procedures for issuance or adjustment of the Decision on approval for investment guidelines, the Certificate of Investment Registration, the Certificate of Registration of outward investment and other relevant procedures for the implementation of investment activities as prescribed of the Law on Investment and this Decree.
8. Other areas affecting national defense and security are areas identified in accordance with the law on national defense and security, including:
a) Areas with defense and security works, military zones, prohibited areas, protection zones, safety belts of defense works and military zones in accordance with the law on protection of defense works and military zones;
b) Areas adjacent to important political, economic, diplomatic, scientific-technical, cultural and social objectives that are guarded and protected by the armed People’s Police forces in accordance with the law on guard;
c) Important works related to national security and protection corridors of important works related to national security in accordance with the law on protection of important works related to national security;
d) Economic-defense zones in accordance with the Government’s regulations on combining national defense with socio-economic and socio-economic with national defense;
dd) Areas of military defense and national defense value under the Prime Minister’s decision approving the master plan on national defense arrangement combined 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.
The Law on Enterprises is Law No. 59/2020/QH14 approved by the National Assembly of the Socialist Republic of Vietnam in its 14th session, 9th session on June 17, 2020.
The Law on Enterprises in 2014 is Law No. 68/2014/QH13 approved by the National Assembly of the Socialist Republic of Vietnam in its 13th session, 8th session on November 26, 2014.
11. Law on Investment means Law No. 61/2020/QH14 approved by the National Assembly of the Socialist Republic of Vietnam at its 14th session, 9th session on June 17, 2020.
1 The Law on Investment 2014 is Law No. 67/2014/QH13 approved by the National Assembly of the Socialist Republic of Vietnam in its 13th session, 8th session on November 26, 2014, which has been amended and supplemented a number of articles under Law No. 90/2015/QH13, Law No. 03/2016/QH14, Law No. 04/2017/QH14,  Law No. 28/2018/QH14 and Law No. 42/2019/QH14.
Industries and trades that Vietnam has not yet committed to market access are those that under international treaties on investment Vietnam have not committed, committed or reserved the right to promulgate measures that are inconsistent with the obligations on market access, national treatment obligations or other obligations on non-discrimination among investors domestic and foreign investors are specified in international treaties on such investment.
14. Overseas economic organizations specified in Chapter VI of this Decree are economic organizations established in accordance with the laws of countries and territories where Vietnamese investors carry out investment activities or investment projects, in which Vietnamese investors have contributed capital or other capital sources in accordance with national law family and territory.
15. Documents on the legal status of investors are valid copies of personal identification papers or papers certifying the establishment and operation of economic organizations, including:
a) Personal identification number for individuals being Vietnamese citizens or valid copies of one of the following papers: Identity card, citizen identity card, valid passport, other personal identification papers 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 for the organization.
Rural areas are administrative boundary areas excluding the areas of wards in towns, cities and districts of cities.
Article 3. State guarantee for implementation of investment projects
Based on socio-economic development conditions and demands for investment attraction in each period, objectives, scale and nature of investment projects, the Prime Minister shall consider and decide on the forms and contents of the State’s guarantee for the implementation of investment projects falling under the National Assembly’s competence to approve investment guidelines.  the Prime Minister and other important infrastructure development investment projects at the request of ministries, ministerial-level agencies and provincial-level People’s Committees.
The State’s guarantee for the execution of investment projects specified in Clause 1 of this Article shall be considered for application in the following forms:
a) Partial support for foreign currency balance on the basis of foreign exchange management policies and foreign currency balancing capacity in each period;
b) Other forms of State security decided by the Prime Minister.
Investors and enterprises of investment projects in the form of public-private partnerships shall be considered for application of forms of investment guarantee under the provisions of Chapter II of the Law on Investment and the law on investment in the mode of public-private partnership.
Article 4. Assurance of investment incentives in case of changes in law
In case a legal document is promulgated that changes the investment incentives currently applied to investors before the effective date of such documents, investors are guaranteed to implement investment incentives under the provisions of Article 13 of the Law on Investment.
Investment incentives guaranteed under the provisions of Clause 1 of this Article include:
a) Investment incentives specified in investment licenses, business licenses, investment preference certificates, investment certificates, investment registration certificates, investment policy decisions, investment guidelines approval decisions or other documents issued by competent persons or  competent state agencies shall grant and apply in accordance with law;
b) Investment incentives to which investors are entitled under the provisions of law do not fall into the cases specified at Point a of this Clause.
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 papers: Investment license, Business license, Certificate of investment incentives,  Investment certificates, investment registration certificates, investment policy decisions, investment policy approval decisions or other documents issued by competent state agencies or competent persons providing for investment incentives (if any). The written request shall contain the following contents:
a) Name and address of the investor;
b) Investment incentives as prescribed in legal documents before the effective date of the new legal document, including: types of incentives, conditions for enjoying incentives, preferential levels (if any);
c) Contents of legal documents promulgated or amended that change investment incentives applied to investors under the provisions of 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.
The investment registration authority shall consider and decide on the application of investment security measures at the proposal of the investor within 30 days from the date of receipt of the 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 the dossier of implementation of investment procedures
Dossiers of implementation of investment procedures, documents and reports sent to competent state agencies shall be made in Vietnamese.
In case the dossier for implementation of investment procedures contains documents in a foreign language, the investor must have a Vietnamese translation enclosed with documents in a foreign language.
In case papers and documents in the dossier for implementation of investment procedures are made in Vietnamese and foreign languages, the Vietnamese version shall be used to carry out investment procedures.
The investor shall be responsible in case of any discrepancy between the content of the translation or copy and the original and in case of any discrepancy between the Vietnamese version and the foreign language.
Article 6. Receipt of dossiers and settlement of procedures related to investment activities
The receipt of dossiers and settlement of procedures related to investment activities of investors shall be carried out as follows:
a) The investor shall be responsible before law for the legality, accuracy and truthfulness of the contents of the dossier and documents sent to competent state agencies;
b) The dossier-receiving agency shall check the validity of the dossier and must not request the investor to submit papers other than those in the dossier as prescribed in the Law on Investment and this Decree;
c) In case of request for amendment or supplementation of the dossier, the dossier-receiving agency shall notify the investor in writing 01 time of all contents that need to be amended and supplemented for each set of dossier. 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 stated in the written notice of the dossier-receiving agency. In case the investor fails to amend or supplement the dossier within the notified time limit, the Ministry of Planning and Investment and the investment registration agency shall consider stopping the processing of the dossier and notify the investor in writing;
d) When requesting the investor to explain the contents of the dossier, the Ministry of Planning and Investment and the investment registration agency shall notify the investor in writing and clearly state the time limit for explanation. In case the investor fails to explain as requested, the Ministry of Planning and Investment and the investment registration agency shall consider notifying the investor in writing of the suspension of the processing of the dossier;
dd) The time for amendment and supplementation of the dossier or the investor’s explanation of relevant contents in the dossier as prescribed at Points c and d of this Clause and the time for handling administrative violations in the field of investment (if any) shall not be included in the time for settlement of procedures as prescribed by the Law on Investment and this Decree;
e) In case of refusal to grant or modify the Decision on approval for investment guidelines, the Decision on approval of the investor, the Certificate of Investment Registration, the Certificate of Outward Investment Registration and other administrative documents on investment as prescribed in the Law on Investment and this Decree,  The Ministry of Planning and Investment and the investment registration agency shall notify the investor in writing and clearly state the reason.
The collection of opinions among state agencies in the process of settling dossiers for implementation of investment procedures shall be carried out as follows:
a) The consulting agency must determine the contents of the request for opinions suitable to the functions and tasks of the consulted agency and the time limit for replying as prescribed by the Law on Investment and this Decree;
b) Within the time limit specified at Point a of this Clause, the consulted agency shall reply and take responsibility for the contents of its opinions within its functions and tasks; past the prescribed time limit, if they do not give their opinions, they shall be deemed to have agreed to the contents under the management of such agencies.
Competent agencies and persons shall only be responsible for the contents assigned for approval, appraisal, approval or settlement of other procedures related to investment activities under the provisions of the Law on Investment and this Decree; not be responsible for the contents that have been previously approved, appraised, approved or settled by other competent agencies or persons.
The Ministry of Planning and Investment, investment registration agencies and other state management agencies shall not settle disputes between investors and disputes between investors and relevant organizations and individuals in the course of carrying out investment activities.
The investor shall be responsible in accordance with the provisions of law and all damages incurred in case of failure to implement or improperly implement the procedures specified in the Law on Investment, this Decree and relevant laws.
Article 7. Handling fake records
When it is determined by a competent agency, organization or person as prescribed by law that there are forged contents in the dossier of 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 competent agencies or persons for consideration of cancellation of decisions approving investment guidelines, decisions on approval of investors, investment registration certificates, outward investment registration certificates and other relevant documents (hereinafter collectively referred to as documents,  papers) that have been issued for the first time or the contents of documents and papers are canceled on the basis of forged information;
c) Restore documents and papers issued on the basis of the latest valid dossier, and at the same time handle or report to competent agencies and persons for handling in accordance with law.
The investor shall be responsible in accordance with the provisions of law and all damages incurred for the act of forging the contents of dossiers and documents.
Article 8. Responsibilities for announcing and providing information about investment projects
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 publicize the plannings and lists of investment projects in accordance with law.
In case the investor requests the provision of information on the planning, list of investment projects and other information related to the investment project, the agencies specified in Clause 1 of this Article shall provide information according to their competence to the investor within 05 working days from the date of receipt of the written request of the investor invest.
Investors have the right to use the information specified in Clauses 1 and 2 of this Article to compile dossiers and implement investment projects.
Article 9. Mechanism for resolving investors’ problems and preventing disputes between the State and investors
In the course of business investment activities, investors are entitled to reflect problems and proposals related to the application and enforcement of the law to competent state agencies.
Competent state agencies are responsible for settling problems and proposals of investors in accordance with law.
Investors have the right to complain, denounce and initiate lawsuits in accordance with the law on complaints and denunciations; initiate administrative lawsuits in accordance with the provisions of the administrative procedure law when there are grounds to believe that administrative decisions or administrative acts are unlawful or infringe upon their legitimate rights and interests.
In case of problems, petitions, complaints, denunciations or lawsuits that are likely to arise into international investment disputes, competent state agencies must promptly notify in writing the Ministry of Planning and Investment, the Ministry of Justice and the Ministry of Foreign Affairs for coordination in handling.  prevent disputes.
In case of international investment disputes, the coordination in dispute settlement shall comply with the Prime Minister’s Decision on the regulation on coordination in settling international investment disputes.
6. The Ministry of Planning and Investment shall guide the implementation of the regime of handling, updating information and reporting on the reflection of problems and proposals specified in Clause 1 of this Article.

Chapter II: BUSINESS INVESTMENT LINES

Section 1. BUSINESS LINES BANNED FROM BUSINESS INVESTMENT AND CONDITIONAL BUSINESS LINES
Article 10. Industries and trades banned from business investment
Investors are not allowed to carry out business investment activities in the industries and trades specified in Article 6 of the Law on Investment.
The production and use of products specified at Points a, b, c, Clause 1, Article 6 of the Law on Investment in analysis, testing, scientific and medical research, pharmaceutical production, criminal investigation, national defense and security protection shall be carried out as follows:
a) Narcotic substances permitted for production and use by competent state agencies in accordance with the Government’s regulations on the list of narcotic substances and precursors and the 1961 United Nations Convention on Combating Narcotics and Psychotropic Substances;
b) Chemicals and minerals banned under the provisions of the Law on Investment and permitted for production and use by competent state agencies in accordance with the Government’s regulations on management of chemicals under the control of the Convention on the Prohibition of the Development, Production, Stockpiling, Use and Destruction of Chemical Weapons and guiding documents of the Rotterdam Convention on Chemical Weapons proceed to negotiate with prior notice for a number of hazardous chemicals and pesticide products in international trade;
c) Samples of wild plant and animal species banned under the Law on Investment and permitted by competent state agencies to be exploited in accordance with the Government’s regulations on management of endangered, precious and rare forest plants and animals and the Convention on International Trade in Fauna and Fauna species  wild and endangered plants (CITES).
The review, proposal for amendments, supplements and assessment of the implementation of regulations on business lines banned from business investment as prescribed in Article 6 of the Law on Investment shall comply with the corresponding order and procedures for conditional business lines specified in Articles 13 and 14 of this Decree.
Article 11. Conditional business lines and business investment conditions
Investors are entitled to do business in conditional business lines specified in Appendix IV of the Law on Investment from the time they fully meet the conditions and must ensure that such conditions are satisfied in the course of business investment activities.
Investors who satisfy the conditions for business investment are entitled 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 licenses) or are entitled to carry out business investment activities when they satisfy the conditions specified at Point dd, Clause 6, Article 7 of the Law on Investment. 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. Reviewing, gathering and announcing business investment conditions
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.
Business investment conditions announced under the provisions of Clause 1 of this Article include the following contents:
a) Conditional business lines as prescribed in Appendix IV of the Law on Investment;
b) Bases for application of business investment conditions to the business lines specified at Point a of this Clause;
c) Conditions that must be satisfied by individuals and economic organizations to carry out business investment activities as prescribed in Clause 2, Article 11 of this Decree.
In case the conditions for business investment are changed according to the provisions of laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, decrees of the Government and international treaties 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 on which laws, ordinances and decrees are promulgated or international treaties on investment are signed, ministries and ministerial-level agencies shall send a written request to the Ministry of Planning and Investment for updating business investment conditions on the National Enterprise Registration Portal;
b) Within 03 working days from the date of receipt of the request of the ministry or ministerial-level agency, the Ministry of Planning and Investment shall update the business investment conditions or update the contents of changes in business investment conditions on the National Enterprise Registration Portal.
Article 13. Proposals for amendments and supplements to conditional business lines and business investment conditions
Based on socio-economic development conditions, state management requirements in each period and international treaties on investment, ministries and ministerial-level agencies shall submit to the Government proposals for amendments and supplements to conditional business lines or business investment conditions.
The proposal for amendment and supplementation of conditional business lines or business investment conditions shall be made in the Proposal for formulation of legal documents in accordance with the Law on Promulgation of Legal Documents, including the following contents:
a) Conditional business lines or business investment conditions expected to be amended or supplemented;
b) Analyze the necessity and purpose of amending and supplementing conditional business lines or business investment conditions in accordance with the provisions of Clause 1, Article 7 of the Law on Investment;
c) Grounds for amendment and supplementation of conditional business lines or business investment conditions and subjects subject to compliance;
d) Assessment of the reasonableness and feasibility of the amendment and supplementation of conditional business lines or business investment conditions and conformity with international treaties on investment;
dd) Assessment of the impact of the amendment and supplementation of conditional business lines or business investment conditions on the state management and business investment activities of subjects subject to compliance.
Article 14. Review and assessment of the implementation of regulations on conditional business lines
Annually and at the request of their management, ministries and ministerial-level agencies shall have to review and assess the implementation of regulations on conditional business lines and business investment conditions within the scope of their management functions.
The contents of the review and assessment include:
a) Assessment of the implementation of the provisions of law on conditional business lines and business investment conditions under the management of ministries and ministerial-level agencies that take effect by the time of review and assessment;
b) Assess the effectiveness and efficiency of the implementation of regulations on conditional business lines and business investment conditions; problems arising in the process of implementation;
c) Assessment of changes in socio-economic, technical, technological conditions, requirements for management of sectors and domains and other conditions affecting the implementation of regulations on conditional business lines and business investment conditions (if any);
d) Propose amendments and supplements to regulations on conditional business lines and business investment conditions (if any).
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 summarization and reporting to the Prime Minister.
Section 2. INDUSTRIES, TRADES AND MARKET ACCESS CONDITIONS FOR FOREIGN INVESTORS
Article 15. Industries and trades restricted from market access for foreign investors
Industries and trades restricted from market access for foreign investors and restrictions on market access for such industries and trades are specified in laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, decrees of the Government and international treaties on investment. The list of industries and trades restricted from market access for foreign investors is announced in Appendix I of this Decree.
Market access conditions for foreign investors shall be applied in the forms specified in Clause 3, Article 9 of the Law on Investment and shall be posted and updated in accordance with the provisions of Article 18 of this Decree.
In addition to the market access conditions for the business lines specified in Clauses 1 and 2 of this Article, foreign investors and foreign-invested economic organizations when conducting business investment activities in Vietnam must satisfy the following conditions (if any):
a) Use of land and labor; natural and mineral resources;
b) Producing and supplying public goods and services or state-exclusive goods and services;
c) Owning and trading houses and real estate;
d) Application of forms of State support and subsidies for a number of sectors and fields or development of regions and territories;
dd) Participating in equitization programs and plans on State enterprises;
e) Other conditions prescribed in laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, decrees of the Government and international treaties on investment which prohibit 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
The list of industries and trades restricted from market access is applied to:
a) Foreign investors as prescribed in Clause 19, Article 3 of the Law on Investment;
b) Economic organizations 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; investment in capital contribution, purchase of shares, purchase of contributed capital of other economic organizations; investment in the form of BCC contracts.
(In this Section, the entities specified at Points a and b of this Clause are hereinafter collectively referred to as foreign investors, unless otherwise provided for in this Decree).
For business investment activities carried out in Vietnam, investors who are Vietnamese citizens and have foreign nationality are entitled to choose to apply market access conditions and investment procedures as prescribed for domestic investors 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 allowed to exercise the rights and obligations prescribed for foreign investors.
Article 17. Principles of application of restrictions on market access to foreign investors
Except for the sectors and trades on the list of industries and trades restricted from market access for foreign investors specified in Appendix I of this Decree, foreign investors are entitled to market access as prescribed for domestic investors.
Foreign investors are not allowed to invest in industries and trades that have not yet been granted market access as prescribed in Section A, Appendix I of this Decree.
For industries and trades subject to conditional market access for foreign investors as prescribed in Section B, Appendix I of this Decree, foreign investors must satisfy the market access conditions posted as prescribed in Article 18 of this Decree.
Market access conditions for Vietnamese industries and trades that have not yet committed to market access for foreign investors are applied as follows:
a) In case the laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, and decrees of the Government (hereinafter collectively referred to as Vietnamese law) do not contain regulations restricting market access for such business lines, foreign investors shall be entitled to market access as prescribed for domestic investors;
b) In case Vietnamese law already provides for restrictions on market access of foreign investors for such business lines, the provisions of Vietnamese law shall apply.
In case laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, and decrees of the Government are promulgated (hereinafter collectively referred to as newly promulgated documents) providing for market access conditions of foreign investors for sectors and sectors,  Vietnamese occupations that have not yet been committed under the provisions of Clause 4 of this Article, such conditions shall be applied as follows:
a) Foreign investors who have been applied the market access conditions specified in Clause 4 of this Article before the effective date of the new document may continue to carry out investment activities under such conditions. In case of establishment of a new economic organization, implementation of a new investment project, transfer of an investment project, capital contribution investment, purchase of shares, purchase of contributed capital of another economic organization, investment in the form of a contract or adjustment or supplementation of objectives, sectors and trades which according to the provisions of the newly promulgated document must meet the market access conditions for foreign investors, such conditions must be met. In this case, the competent state agency shall not reconsider the market access conditions for the industries and trades for which the investor has been previously approved;
b) Foreign investors carrying out investment activities after the new document takes effect must satisfy the market access conditions for foreign investors in accordance with the provisions of such document.
Foreign investors conducting investment activities in different sectors and trades specified in Appendix I of this Decree must satisfy all market access conditions for such industries and trades.
Foreign investors in countries and territories that are not WTO members who conduct investment activities in Vietnam are entitled to apply market access conditions as prescribed for investors in countries and territories that are WTO members, except for cases where Vietnamese law or international treaties between Vietnam and the country  that territory has different regulations.
Foreign investors subject to international treaties on investment that provide for market access conditions for such investors are more favorable than those prescribed by Vietnamese law shall be entitled to the application of market access conditions under such treaties.
Foreign investors subject to international treaties on investment with different provisions on market access conditions may choose to apply market access conditions to all business lines under one of those treaties. In case the foreign investor has chosen to apply the market access conditions under an international treaty on investment (including a treaty newly signed or amended or supplemented after the effective date of such agreement and the investor is subject to application), the foreign investor shall exercise his/her rights and perform his/her obligations in accordance with all provisions of the treaty that.
Restrictions on the ownership ratio of foreign investors as prescribed in international treaties on investment are applied as follows:
a) In case many foreign investors contribute capital, purchase shares or purchase capital contributions to an economic organization and are subject to the application of one or more international treaties on investment, the total ownership ratio of all foreign investors in such economic organization must not exceed the highest rate prescribed in an article international treaties providing for the ownership ratio of foreign investors in a specific industry or trade;
b) In case many foreign investors from the same country or territory contribute capital, purchase shares or purchase capital contributions to economic organizations, the total ownership ratio of all such investors must not exceed the ownership ratio specified in the 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 provides for different provisions on the ownership ratio of foreign investors, the provisions of the law on securities shall apply;
d) In case an economic organization has many business lines and the international treaty on investment has different provisions on the ownership ratio of foreign investors, the foreign investor’s ownership ratio in such economic organization must not exceed the restriction on the foreign ownership ratio for the sector or  occupations with the lowest restrictions on the rate of foreign ownership.
Article 18. Posting and updating market access conditions for foreign investors
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 sectors and trades specified in Appendix I of this Decree for posting on the National Investment Portal.
Contents posted as prescribed in Clause 1 of this Article include:
a) Industries and trades restricted from 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.
In cases where laws and resolutions of the National Assembly, laws, ordinances and resolutions of the Standing Committee of the National Assembly, decrees of the Government and international treaties on investment stipulate market access conditions for foreign investors but have not yet been updated in the List of sectors,  professions restricting market access for foreign investors and the contents posted under the provisions of Clause 2 of this Article shall comply with the provisions of such laws, resolutions, ordinances and decrees. The update of the published contents specified in Clause 2 of this Article shall comply with the provisions of Clause 3, Article 12 of this Decree.
The review, gathering, posting, proposing amendments, supplements and assessment of the implementation of the List of sectors and trades restricted from market access for foreign investors shall comply with the corresponding provisions on the List of business lines subject to conditional business investment in Articles 12.  13 and 14 of this Decree.

Chapter III: INVESTMENT INCENTIVES AND SUPPORT

Article 19. Subjects eligible for investment incentives
Subjects entitled to investment incentives as prescribed in Clause 2, Article 15 of the Law on Investment include:
Investment projects in sectors and trades eligible for investment incentives or industries eligible for special investment incentives as prescribed in Appendix II of this Decree.
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.
Investment projects with an investment capital of VND 6,000 billion or more are eligible for investment incentives as prescribed at Point c, Clause 2, Article 15 of the Law on Investment when they fully meet 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 for investment guidelines concurrently with the approval of the investor (for projects not subject to the issuance of the Investment Registration Certificate) or the Decision on Investor Approval (for projects not subject to the issuance of the Investment Registration Certificate) investment registration certificate);
b) Having a total turnover of at least VND 10,000 billion per year within 03 years from the year of turnover or employing 3,000 regular employees on an average annual basis or more in accordance with the law on labor, no later than 03 years from the year of turnover.
Investment projects eligible for investment incentives under the provisions of Point d, Clause 2, Article 15 of the Law on Investment include:
a) Investment projects on construction of social houses in accordance with the law on housing;
b) Investment projects in rural areas employing 500 or more regular employees on average annually in accordance with the labor law (excluding part-time employees and employees with labor contracts of less than 12 months);
c) Investment projects employing 30% or more of the average annual number of regular employees who are persons with disabilities in accordance with the law on persons with disabilities and the law on labor.
Hi-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 enterprise incubators; enterprises producing and supplying technologies, equipment, products and services in service of environmental protection requirements eligible for investment incentives as prescribed at Point dd, Clause 2, Article 15 of the Law on Investment are enterprises, organizations, establishments and investment projects that meet the conditions prescribed by the law on science and technology; high technology; technology transfer; environmental protection.
Subjects entitled to investment incentives under the provisions of 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 established by agencies, organizations and individuals to support the implementation of investment projects on innovative start-ups, establishment of innovative enterprises, activities to promote innovation, research and development at the centers that meet the conditions specified in Clause 7 of this Article;
c) Innovative start-up investment projects specified in Clause 8 of this Article;
d) Projects on establishment of research and development centers.
Innovation centers specified at Point b, Clause 6 of this Article are entitled to investment incentives when they meet the following conditions:
a) It has the function of supporting, developing and connecting innovative enterprises with the start-up and innovation ecosystem;
b) Having a number of technical infrastructure items to serve, support, develop and connect the start-up and innovation ecosystem, including: laboratories, laboratories for testing and technology commercialization, supporting enterprises to develop prototype 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 inspect products, goods and materials; having information technology infrastructure to support businesses and premises for organizing events, displaying and demonstrating technologies and innovative products;
c) Having a professional management team to provide support, development and connection services for enterprises operating in the center; have a network of experts and provide support, development and networking services for businesses.
An innovative start-up investment project specified at Point c, Clause 6 of this Article is one of the following projects:
a) Manufacture of products formed from inventions, utility solutions, industrial designs, layout designs of semiconductor integrated circuits, computer software, applications on mobile phones, cloud computing; production of new lines and breeds of livestock, new plant varieties, new aquatic breeds, new forestry plant varieties; technical advances that have been granted protection titles in accordance with the law on intellectual property and copyright or recognized for international registration under the provisions of treaties to which Vietnam is a contracting party or have been recognized by competent state agencies;
b) Production of products created from experimental production projects, prototype products and technological improvement; producing award-winning products 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 and research and development centers;
d) Producing cultural industry products formed from copyright or copyright-related rights for which protection titles have been granted in accordance with the law on intellectual property or recognized for international registration in accordance with the provisions of treaties to which Vietnam is a contracting party.
The product distribution chain of small and medium-sized enterprises entitled to investment incentives under the provisions of Point g, Clause 2, Article 15 of the Law on Investment is a network of intermediaries distributing products of small and medium-sized enterprises to consumers and satisfying the following conditions:
a) At least 80% of the participating enterprises are small and medium-sized enterprises;
b) There are at least 10 locations for distributing goods to consumers;
c) At least 50% of the revenue of the chain is generated by small and medium-sized enterprises participating in the chain.
Small and medium-sized business incubators; technical foundations to support small and medium-sized enterprises; co-working areas to support innovative start-up small and medium-sized enterprises entitled to investment incentives as prescribed at Point g, Clause 2, Article 15 of the Law on Investment are establishments established in accordance with the law on support for small and medium-sized enterprises.
Article 20. Principles of application of investment incentives
Investment projects specified in Clause 3, Article 19 of this Decree are entitled to investment incentives as prescribed for investment projects in geographical areas with extremely difficult socio-economic conditions.
Investment projects in rural areas employing 500 or more laborers and projects employing disabled laborers 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.
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 geographical areas with extremely difficult socio-economic conditions.
The specific preferential levels for investment projects specified in Clauses 1, 2 and 3 of this Article shall comply with the provisions of the law on taxation, accounting and land.
For investment projects that meet the conditions for enjoying different levels of investment incentives at the same time, investors may choose to apply the highest level of incentives.
Special investment incentives and supports for investment projects specified in Clause 2, Article 20 of the Law on Investment shall be applied as follows:
a) The preferential levels and duration of application of special incentives on enterprise income tax, land rent and water surface rent shall comply with the provisions of the Law on Enterprise Income Tax and the law on land;
b) Special investment incentives and supports shall be applied to the National Innovation Center established under the Prime Minister’s decision and all affiliated establishments located outside the center’s head office;
c) The investor proposing the application of special investment incentives must commit to satisfy the conditions on the investment lines, the total registered investment capital, the disbursed capital level, the disbursement time limit specified at Points a and b, Clause 2, Article 20 of the Law on Investment and other conditions stated in the investment registration certificate.  Decision on approval of investment guidelines or written agreement with competent state agencies under decisions of the Prime Minister;
d) The Prime Minister shall decide on the level and duration of special investment incentives according to the criteria on high technology, technology transfer, Vietnamese enterprises participating in the domestic production chain, and the value of investment projects specified in Clause 2, Article 20 of the Law on Investment.
Investment incentives in case of division, separation, consolidation, merger or transformation of types of economic organizations (hereinafter collectively referred to as reorganization 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 reorganization of an economic organization or an investor receiving the transfer of an investment project may inherit the investment incentives applicable to the investment project (if any) before the reorganization or transfer if it still satisfies the conditions for enjoying investment incentives;
b) An investment project formed on the basis of division or separation of a project that satisfies the conditions for enjoying any investment incentives shall be entitled to such investment incentive level for the remaining period of enjoying incentives of the project before the division or separation;
c) An investment project formed on the basis of a project merger may continue to apply investment incentives according to the conditions for enjoying incentives of each project before the merger if it still meets the conditions. In case the merged project satisfies different conditions for enjoying investment incentives, the investor shall be entitled to investment incentives under each of those different conditions for the remaining period of enjoying the incentives.
In case an industrial park or export processing zone has been established under the Government’s regulations and is approved by a competent authority to be removed from the planning or approved for conversion to other use purposes or an investment project on construction and business of industrial park infrastructure,  If an export processing zone terminates its operation in accordance with the law on investment, investment projects implemented in industrial parks or export processing zones shall continue to enjoy investment incentives under the provisions of investment licenses, business licenses, investment incentive certificates, etc  Investment certificates, investment registration certificates, investment policy decisions, investment policy approval decisions or other documents of competent state agencies providing for investment incentives (if there is one of such papers) or in accordance with the provisions of law in force at the time of investment in public parks export processing zones (in case such papers are not available).
Article 21. Determination of geographical areas eligible for investment incentives in case of change of administrative boundaries
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 (division, separation or upgrading of old administrative units in areas eligible for investment incentives) due to the arrangement and adjustment of boundaries of commune-level administrative units in geographical areas with different socio-economic conditions but have not yet been designated as areas eligible for investment incentives, the following shall be implemented:
a) Newly established administrative units are determined as areas eligible for investment incentives calculated by the majority of the number of commune-level administrative units currently enjoying them;
b) In case the number of commune-level administrative units in an area with extremely difficult socio-economic conditions and an area with difficult socio-economic conditions is equal, the newly established administrative unit shall be determined as an area with extremely difficult socio-economic conditions;
c) In case the number of commune-level administrative units in geographical areas with difficult socio-economic conditions and non-geographical areas eligible for investment incentives is equal, the newly established administrative units shall be determined as geographical areas with difficult socio-economic conditions;
d) In case the number of commune-level administrative units in geographical areas with extremely difficult socio-economic conditions and areas not in geographical areas eligible for investment incentives is equal, the newly established administrative units shall be determined as extremely difficult socio-economic conditions
When adjusting administrative boundaries, the adjusted commune-level units shall be entitled to investment incentives applicable to the district-level areas where such administrative units are received.
Article 22. Adjustment of investment incentives
Investment projects that are enjoying investment incentives and meet the conditions for enjoying incentives at a higher level or enjoying additional incentives in the form of new incentives shall be entitled to incentives at a higher level or additional incentives in the form of new incentives for the remaining preferential period.
The investor is not entitled to incentives as prescribed in the investment registration certificate, the decision on approval for investment guidelines or the incentives determined by the investor themselves in case the investment project does not meet the conditions for enjoying investment incentives specified in the investment registration certificate.  The decision on approval for investment guidelines, the decision on approval for investment guidelines concurrently with the approval of the investor, the decision on approval of the investor or the failure to meet the conditions for enjoying investment incentives is self-determined. In case the investment project satisfies other conditions for enjoying investment incentives, the investor shall be entitled to incentives according to such conditions.
During the period of enjoying incentives, in case the investment project has a period of time that does not meet the conditions for enjoying investment incentives, the investor is not entitled to investment incentives for the period when it does not meet the conditions for enjoying investment incentives.
Article 23. Procedures for application of investment incentives
The decision on approval for investment guidelines, the investment registration certificate, the decision on approval of the investor shall prescribe the forms, grounds and conditions for application of investment incentives as prescribed in Articles 15 and 16 of the Law on Investment and Article 19 of this Decree.
Based on the contents of investment incentives in the decision on approval for investment guidelines, the investment registration certificate, the decision on approval of investors, the investor shall carry out procedures for enjoying investment incentives at the agency applying investment incentives corresponding to each type of incentive.
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 a 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 hi-tech application project certificate;
d) For supporting industry projects, it is a 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.
For investment projects other than those specified in Clauses 2 and 3 of this Article, investors shall base themselves on the subjects eligible for investment incentives specified in Article 19 of this Decree and relevant provisions of law to determine investment incentives and carry out procedures for enjoying investment incentives at agencies applying investment incentives corresponding to each type of incentive.
Article 24. Promulgate, amend and supplement the list of business lines eligible for investment incentives and the list of geographical areas eligible for investment incentives
Based on socio-economic development conditions, demands for investment attraction in each period and proposals of ministries, ministerial-level organisations, provincial-level People’s Committees, the Ministry of Planning and Investment shall submit to the Government for amendment and supplementation of the list of sectors and trades eligible for investment incentives,  The list of geographical areas eligible for investment incentives shall comply with the provisions of this Decree.
2. Ministries, ministerial-level agencies, People’s Councils and People’s Committees at all levels must not promulgate investment incentives and support policies contrary to the provisions of the Law on Investment, this Decree, the law on taxation, budget, land and relevant laws.

Chapter IV: IMPLEMENTATION OF INVESTMENT PROJECTS

Section 1. GENERAL PROVISIONS ON IMPLEMENTATION OF INVESTMENT PROJECTS
Article 25. Assurance of the implementation of the investor’s project
Except for the cases specified at Points a, b, c and d, Clause 1, Article 43 of the Law on Investment, the investor must make a deposit or have a guarantee from a credit institution or a foreign bank branch established under Vietnamese law (hereinafter collectively referred to as a credit institution) on the deposit obligation to secure the implementation of the investment project being allocated or leased land by the State, allowing the change of land use purpose.
In case of guarantee of margin obligations, the credit institution shall be responsible for paying the deposit amount payable by the investor in the case specified in Clause 10, Article 26 of this Decree.
The deposit obligation guarantee contract between the credit institution and the investor shall be signed and implemented in accordance with the provisions of the law on civil, credit, bank guarantee and relevant laws.
Article 26. Procedures for securing the implementation of the investor’s project
The investor’s obligation to secure project execution under the provisions of Clause 1, Article 25 of this Decree shall be implemented on the basis of a written agreement between the investment registration agency and the investor. An agreement on security for the execution of an investment project includes the following principal contents:
a) Name of the project, objectives, location, scale, investment capital, implementation schedule and operation duration of the investment project as prescribed in the decision on approval for investment guidelines, the decision on approval for investment guidelines concurrently with the approval of the investor or the investment registration certificate;
b) Measures to secure the execution of the investment project (deposit or guarantee for the deposit obligation as prescribed in Clause 1, Article 25 of this Decree);
c) The amount of security for the execution of the investment project shall be determined according to the provisions of Clauses 2, 3 and 4 of this Article;
d) The time and duration of securing the execution of the investment project as prescribed in Clauses 5, 6 and 7 of this Article;
dd) Conditions for refund, adjustment and termination of security for execution of the investment project 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 upon between the parties but must not be contrary to the provisions of the Law on Investment, this Decree and relevant laws.
The level of security for the execution 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 of up to VND 300 billion, the security level is 3%;
b) For the capital of over VND 300 billion to VND 1,000 billion, the guarantee level is 2%;
c) For the capital portion of over VND 1,000 billion, the security level is 1%.
The investment capital of the project shall be determined as a basis for calculating the level of security for the execution of the investment project under the provisions of Clause 2 of this Article, excluding land use levies, land rents paid to the State and expenses for the construction of works of the investment projects which the investors are obliged to hand over to the State for management after the refund (if any). In case at the time of signing the agreement on security for the execution of the investment project, the costs of construction of the works handed over to the State have not been accurately determined, the investment registration agency shall base itself on the cost estimate in the project proposal made by the investor to determine the amount of security for the execution of the investment project.
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 of the project execution security deposit in the following cases:
a) 25% reduction for investment projects in sectors and 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) A 50% reduction for investment projects in sectors and trades eligible for 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.
The time and duration of project security are prescribed as follows:
a) The investor makes a deposit or submits a certificate of guarantee from the credit institution on the deposit obligation after being granted the decision on approval for investment guidelines concurrently with the approval of the investor or the decision on approval of the investor or the decision on approval of the auction winning result and before the implementation of the compensation plan,  support and resettlement approved by a competent authority (in case the investor fails to advance the compensation, support or resettlement) or before the time of issuance of the decision on land allocation, land lease or permission for land use purpose change (in case the investor has advanced the compensation money,  support, resettlement or in case the investor is selected to implement the project through land use right auction and is leased land by the State and paid annual land rent);
b) The duration of the project execution guarantee is calculated from the time of performance of the obligations specified at Point a of this Clause to the time the deposit amount is returned to the investor or remitted into the state budget or to the time the guarantee is terminated.
For an investment project consisting of multiple stages, the payment and refund of the deposit amount or the submission, adjustment or termination of the guarantee shall be applied according to each stage of project implementation according to the provisions of the project execution security agreement. The investor may transfer the remaining deposit or guarantee amount of the previous period to secure the implementation of the project for the next stage without necessarily returning the remaining deposit amount or terminating the validity of the guarantee of the previous period and additionally paying the difference between the deposit amount or guaranteed for the next phase. the next paragraph with the deposit or guarantee amount of the previous period (if any).
In case the investor advances compensation, support and resettlement money to a competent state agency for the implementation of the approved compensation, support and resettlement plan, it shall be implemented as follows:
a) In case the amount of money advanced is equal to or greater than the level of security for project execution as prescribed in Clause 2 of this Article, the investor is not required to immediately pay the deposit or guarantee certificate of the credit institution at the time specified at Point a, Clause 5 of this Article;
b) In case the amount of money advanced is lower than the level of security for project execution as prescribed in Clause 2 of this Article, the investor must pay the deposit amount or submit the guarantee certificate of the credit institution equal to the difference between the amount already advanced and the level of security for project execution as prescribed in Clause 2 of this Article at the time specified in Point a, Clause 5 of this Article;
c) Investors whose deposits or guarantee certificates of credit institutions are submitted in the cases specified at Points a and b of this Clause must pay deposits to the investment registration authority as prescribed in this Article when the project is behind schedule as prescribed in the decision on approval for investment guidelines.  The decision on approval for investment guidelines is concurrently with the approval of the investor or the investment registration certificate.
The security for project execution shall be paid into the account of the investment registration agency opened at a commercial bank established in accordance with the provisions of Vietnamese law and selected by the investor; The investor bears the costs related to the opening and maintenance of the project execution security account and the execution of transactions related to the account. In case of execution of multiple projects requiring the signing of a project execution security agreement with the same investment registration agency, the investor may reach an agreement with the investment registration agency on the use of the same account to receive security for project execution obligations for projects implemented in the localities implemented by such agencies administer.
The reimbursement, adjustment and termination of the obligation to guarantee project execution are prescribed as follows:
a) Refund 50% of the deposited amount or reduce 50% of the guarantee level at the time the investor has been granted a decision on land allocation, land lease or land use purpose change by a competent state agency and is granted a license or other approval by a competent state agency to carry out construction activities (if any);
b) Refund the remaining deposit amount and interest arising from the deposit amount (if any) or terminate the validity of the deposit obligation guarantee at the time the investor has completed the acceptance test of the construction work;
c) In case of reduction of investment capital of the project, the investor shall be refunded the deposit amount corresponding to the reduced investment capital as prescribed in the decision on approval for adjustment of investment guidelines or the adjusted investment registration certificate;
d) In case of adjustment to increase the investment capital of the project, the investor shall pay an additional deposit amount or an additional margin guarantee of the credit institution corresponding to the increased investment capital as prescribed in the decision approving the adjustment of investment guidelines.  Adjusted Investment Registration Certificate. In case 50% of the paid deposit has been refunded before the adjustment, the investor must only pay an amount equal to 50% of the additional payable deposit;
dd) In case the investment project cannot continue to be implemented due to force majeure reasons or due to the implementation of administrative procedures by a competent state agency or because the project has to be adjusted at the request of a competent state agency in case of change in the planning, the investor shall be considered for refund of the security amount project implementation department or termination of the obligation to secure project implementation.
e) The domestic investor has been approved for investment guidelines and is not subject to the issuance of an investment registration certificate, when adjusting the project is not subject to the adjustment of investment guidelines under the provisions of this Decree but the adjusted contents change the contents of the project execution security 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 agreement on project execution security in accordance with the adjusted contents of the investment project.
The unrefunded project execution security amount shall be remitted into the state budget in accordance with law in the following cases:
a) The project is put into operation and operation behind schedule as prescribed in the decision on approval for investment guidelines or the investment registration certificate without the permission of the competent state agency to adjust the schedule in accordance with the provisions of the Law on Investment 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.
In case the deposit obligation is guaranteed by a credit institution, upon the expiration date of the guarantee, the investor fails to extend the validity of the guarantee and does not give the investment registration agency’s opinion on the termination of the guarantee, the credit institution shall transfer the guarantee amount to the account of the investment registration agency for continue to deposit to ensure the implementation of the investor’s project.
Article 27. Duration of operation of the investment project
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 the investor is granted the Decision on Investor Approval, the Decision on Approval for Investment Guidelines at the same time as the Investor Approval or the Certificate of Initial Investment Registration. For an investment project that is allocated or leased land or repurposed by the State, the operation duration of the project is counted from the date the investor is granted a decision on land allocation, land lease or land use purpose change. In case the investor has issued a decision on land allocation, land lease or land use purpose change but is delayed in handing over the land, the operation duration of the investment project shall be counted from the date of land handover on the field.
In the course of implementing an investment project, the investor may adjust to increase or decrease the operation duration of the investment project. The operation duration of an investment project after adjustment must not exceed the duration specified in Clauses 1 and 2, Article 44 of the Law on Investment.
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 agency shall consider and decide on the operation duration and adjust the operation duration of the investment project according to the corresponding provisions in Clauses 1 and 2 of this Article.
Except for the cases specified at Points a and b, Clause 4, Article 44 of the Law on Investment, the investor wishes to continue implementing the investment project at the end of the operation term and the investment policy is approved by the competent authority, the investment registration agency shall consider,  decide to extend the operation duration of such project if the following conditions are met:
a) Conformity with national, regional, provincial, urban and special administrative-economic unit plannings (if any); in accordance with urban development objectives and orientations, housing development programs and plans (for investment projects on construction of houses and urban areas);
b) Satisfying the conditions for land allocation or land lease in accordance with the land law (for cases of requesting extension of land use terms).
The duration of operation extension for investment projects specified in Clause 4 of this Article shall be considered on the basis of the objectives, scale, location and operation requirements of the project and must not exceed the maximum duration specified in Clauses 1 and 2, Article 44 of the Law on Investment.
In case the investment project satisfies 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 agency competent to approve the investment guidelines and the investment registration agency shall consider extending the operation duration of the investment project on a yearly basis until it is the annual land use plan of the district level in accordance with the provisions of the land law. The investor only carries out the procedure for extending the operation term of the project for the first year of extension.
The determination of the operation duration of an investment project with a commitment to transfer the investor’s assets without compensation to the Vietnamese State or the Vietnamese party after the expiration of the operation duration shall comply with the provisions of Clause 3, Article 124 of this Decree.
The determination of land-related financial obligations to the State in case of adjustment or extension of the operation duration of the investment project shall comply with the provisions of the land law and relevant laws.
Procedures for adjustment and extension of the operation duration of an investment project shall comply with the provisions of Article 55 of this Decree.
Investment projects using outdated technologies, potentially causing environmental pollution and resource intensive are not allowed to adjust or extend their operation duration as prescribed at Point a, Clause 4, Article 44 of the Law on Investment, including:
a) The project uses technological lines that fail to meet the provisions of the National Technical Regulations on safety, energy saving and environmental protection when operating; or capacity (calculated according to the number of products generated by the technology line in a unit of time) or the efficiency of the other technology line is less than 85% of the design capacity or efficiency; or the consumption of raw materials, materials and energy exceeds 15% of the design.
In case there is no national technical regulation on safety, energy saving and environmental protection related to the project’s technological line, the technical norms of Vietnam’s national standards or national standards of one of the G7 countries shall apply.  Korea on safety, energy saving, and environmental protection;
b) Projects using machinery and equipment for production with commodity codes (HS codes) in Chapters 84 and 85 of the List of Vietnam’s exports and imports that are more than 10 years old or when their operation fails to meet the provisions of the National Technical Regulations on safety,  energy saving, environmental protection. In case there are no national technical regulations on safety, energy saving and environmental protection related to the project’s machinery and equipment, the technical norms shall be applied according to the national standards of Vietnam or the national standards of one of the G7 countries.  Korea in terms of safety, energy saving, and environmental protection.
The Ministry of Science and Technology guides the identification of machinery and equipment in a number of fields that are more than 10 years old but do not belong to outdated technologies, potentially causing environmental pollution and resource intensiveness.
The determination of investment projects using outdated technologies, potentially causing environmental pollution and resource intensive as prescribed in Clause 10 of this Article shall be carried out as follows:
a) The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with relevant agencies in, organizing the identification of technologies of investment projects falling under the competence to approve investment guidelines of the National Assembly or the Prime Minister;
b) Specialized science and technology agencies of provincial-level People’s Committees shall assume the prime responsibility for, and coordinate with relevant agencies in, organizing the determination of technologies of investment projects other than those specified at Point a of this Clause;
c) Funding for implementation shall be allocated from the state budget. In case the investment project is allowed to continue to extend its operation duration, the entire implementation fund shall be paid by the investor;
d) Dossiers, order and procedures for identification of investment projects using obsolete technologies, potentially causing environmental pollution and resource intensive shall comply with the Prime Minister’s regulations.
Article 28. Determination of the value of investment capital; assessment of the value of investment capital; inspection of machinery, equipment and technological lines
The registered capital for the 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 in accordance with civil law and international treaties on investment;
b) Capital mobilized for implementation of investment projects;
c) Retained profits of investors for reinvestment (if any).
The realized investment capital of an investment project is determined on the basis of the capital contributed and mobilized by the investor and the profit left for reinvestment in the course of project implementation. The investor shall determine the value of the realized investment capital of the investment project after the project is put into operation and operation.
The 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 under the provisions of Clause 3, Article 45 of the Law on Investment shall be carried out in the following cases:
a) The state management agency in charge of investment or tax administration agency has grounds to determine that the investor has made untruthful, accurate and incomplete tax declaration on the value of investment capital in accordance with the law on tax and tax administration;
b) The state management agency in charge of investment and the state management agency in charge of science and technology has grounds to determine that the investor shows signs of violation in the application or transfer of technology in the course of implementation of the investment project in accordance with the law on technology transfer.
For the case specified at Point a, Clause 3 of this Article, the tax administration agency shall conduct an assessment to determine the payable tax amount of the investor; the hiring of an independent assessment organization to assess the value of investment capital of the project shall be carried out by the state management agency in charge of investment.
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 under the competence to approve investment guidelines of the National Assembly or the Prime Minister;
b) The specialized science and technology agency of the provincial-level People’s Committee 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 quality and value of machinery, equipment and technological lines shall be carried out in consultation with the Science and Technology Advisory Council, organizations and experts in independent assessment of machinery, equipment and technological lines used in the course of implementation of investment projects;
d) Dossiers, order and procedures for assessment of machinery, equipment and technological lines shall comply with the Prime Minister’s regulations.
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 expenses.
Section 2. APPROVAL OF INVESTMENT GUIDELINES AND SELECTION OF INVESTORS
Article 29. Approval of investment policies and selection of investors
Agencies competent to approve investment guidelines are specified in Articles 30, 31 and 32 of the Law on Investment (hereinafter referred to as agencies approving investment guidelines). In case the investment project has objectives and contents falling under the competence to approve investment guidelines of different investment guidelines, the highest competent agency shall approve the investment guidelines for the entire project.
For investment projects subject to approval for investment guidelines specified in Articles 30, 31 and 32 of the Law on Investment, the agency approving investment guidelines shall consider approving investment guidelines and decide on the form of selection of investors to implement the projects as follows:
a) Auction of land use rights in case of land allocation or lease for implementation of investment projects subject to land use right auction in accordance with the law on land and land plots expected to be executed for investment projects that have 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 subject to bidding for investor selection in accordance with the law on bidding, socialization and specialized laws and failing to meet the conditions for auction of land use rights as prescribed at Point a of this Clause. The agency approving the investment policy shall assign the competent state agency to organize the bidding to select investors to implement the project in accordance with the law on bidding. The decision on approval for investment guidelines is also 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 other than those specified at Points a and b of this Clause, the agency approving investment guidelines shall consider approving the investment guidelines at the same time as approving the investor to implement the project without auctioning land use rights.  bidding for investor selection as prescribed in Clause 5 of this Article.
The approval of investors under the provisions of Clause 3, Article 29 of the Law on Investment shall be carried out as follows:
a) The land use right auction has been organized but only one investor has registered to participate or has held the auction at least 02 times unsuccessfully in accordance with the land law;
b) The list of projects has been posted in accordance with the law on bidding but only one investor has registered and meets the preliminary requirements on capacity and experience or many investors have registered but only one investor meets the preliminary requirements on capacity,  experience in accordance with the law on bidding;
c) The state agency competent to organize the auction or bidding shall consider the satisfaction of the conditions specified at Points a and b of this Clause and send a written notice to the investment registration agency and the investor (if any) to carry out the procedures for investor approval as prescribed in Clause 1.  2 and 3, Article 30 of this Decree.
Investors selected under the provisions of Points a and b, Clause 2 of this Article shall implement the project as follows:
a) Agencies competent to decide on approval of auction-winning results or investor selection results in accordance with the law on land and bidding. The decision on approval of the auction-winning result or the decision on approval of the investor selection result shall be sent to the agency approving the investment guidelines, the investment registration agency and the investor;
b) The auction-winning or bid-winning investor shall carry out 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 for investment guidelines, the decision on approval of the auction-winning result or the decision on approval of the investor selection result.
For the investment projects specified at Point c, Clause 2 of this Article, the agency approving the investment guidelines shall consider approving the investment guidelines at the same time as approving the investors not through the auction of land use rights or bidding for investor selection in the following cases:
a) Investors with land use rights are investors who are using land as a result of land allocation, land lease, recognition of land use rights or land use rights in accordance with the land law and at the time of submission of dossiers of application for approval for investment guidelines,  land areas currently used by investors that are not on the list of projects requiring land recovery for defense and security purposes, land recovery for socio-economic development in the national and public interests approved by provincial-level People’s Councils, except for cases where land is being used due to the extension of investment project operation as prescribed in Clause 6, 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 for the implementation of non-agricultural production and business investment projects in accordance with the land law;
c) Investors implementing investment projects in industrial parks or hi-tech parks;
d) Projects other than those specified at Points a and b, Clause 2 of this Article;
dd) Other cases not subject to land use right auction or investor selection bidding in accordance with the law on land, bidding and relevant laws.
The competence, dossiers, order and procedures for approval of investors and investment guidelines shall comply with the provisions of Articles 30, 31, 32 and 33 of this Decree.
In case of an investment project specified at Points c, d and dd, Clause 5 of this Article, two or more investors jointly submit a valid dossier of request for implementation of the investment project at one location within 20 days (for projects subject to approval for investment guidelines by the Prime Minister) or 15 days (for projects subject to approval for investment guidelines) from the date of receipt of the first investor’s valid dossier, the Ministry of Planning and Investment and the investment registration agency shall carry out the following procedures:
a) Notify investors in writing of the implementation of procedures for approval of investment guidelines and investor selection as prescribed in this Clause within 25 days (for projects subject to investment policy approval of the Prime Minister) or 20 days (for projects subject to investment policy approval of the Prime Minister) provincial-level People’s Committee) from the date of receipt of the first investor’s valid dossier. The Ministry of Planning and Investment and the investment registration agency shall not consider and return the dossiers of other investors (if any) submitted after 20 days (for projects subject to the approval of investment guidelines by the Prime Minister) or 15 days (for projects subject to the approval of investment guidelines by provincial-level People’s Committees) from the date of receipt of the first investor’s valid dossier;
b) Carry out the procedures for approval of investment guidelines according to the corresponding provisions in Article 32 or Article 33 of this Decree on the basis of the investment project proposal of the first investor. In case the investment project proposal of the first investor fails to meet the conditions specified in Clause 3, Article 33 of the Law on Investment, the procedures for approval of investment guidelines shall be carried out on the principle of considering the investment project proposal of each subsequent investor in turn;
c) At the request of the Ministry of Planning and Investment or the investment registration agency, the agency approving the investment guidelines shall consider approving the investment guidelines and assign the competent state agency to choose the application of the law on bidding to organize the selection of investors from among the investors who have submitted valid dossiers;
d) The investor may be selected to 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. Investor approval procedures
The only investor who has registered to participate in the auction or the investor who proposes to implement the investment project after organizing the auction at least 02 times but fails as prescribed at Point a, Clause 3, Article 29 of this Decree shall be considered for approval according to the following procedures:
a) The investor shall submit 04 sets of dossier of application for investor approval to the investment registration authority, 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) Within 03 working days from the date of receipt of a valid dossier, the investment registration agency shall send the dossier to the relevant state agency for opinions on the satisfaction of the requirements specified at Points b, c and d, Clause 4, Article 33 of the Law on Investment. For projects whose investment guidelines have been approved by the National Assembly or the Prime Minister, the investment registration agency shall concurrently send a dossier for consultation with the Ministry of Planning and Investment;
c) Within 15 days from the date of receipt of the request of the investment registration agency, the consulted agency shall give its opinion on the contents under its state management and send it to the investment registration agency;
d) Within 25 days from the date of receipt of a valid dossier as prescribed at Point a of this Clause, the investment registration agency shall make an appraisal report including the contents specified at Points b, c and d, Clause 4, Article 33 of the Law on Investment and submit it to the provincial-level People’s Committee;
dd) Within 07 working days from the date of receipt of the dossier and appraisal report, the provincial-level People’s Committee shall approve the investor and send the decision on investor approval to the Ministry of Planning and Investment (for projects whose investment guidelines have been approved by the National Assembly or the Prime Minister); auction organizing agencies; investment registration agencies and investors.
Investors that 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 shall submit 04 sets of dossiers of application for investor approval to the investment registration authority, 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) Within 03 working days from the date of receipt of a valid dossier, the investment registration authority shall send a report on the results of preliminary assessment of capacity and experience and the dossier specified at Point a of this Clause for opinions of relevant state agencies on the satisfaction of the requirements specified at Points b.  c and d, Clause 4, Article 33 of the Law on Investment. For projects whose investment guidelines have been approved by the National Assembly or the Prime Minister, the investment registration agency shall concurrently send a dossier for consultation with the Ministry of Planning and Investment;
c) Within 15 days from the date of receipt of the request of the investment registration agency, the consulted agency shall give its opinion on the contents under its state management and send it to the investment registration agency;
d) Within 25 days from the date of receipt of a valid dossier as prescribed at Point a of this Clause, the investment registration agency shall make a report including the contents specified at Points b, c and d, Clause 4, Article 33 of the Law on Investment and submit it to the provincial-level People’s Committee;
dd) Within 07 working days from the date of receipt of the dossier and report, the provincial-level People’s Committee shall approve the investor and send the decision on investor approval to the Ministry of Planning and Investment (for projects whose investment guidelines have been approved by the National Assembly or the Prime Minister) and the investor.
In case ministries, ministerial-level agencies and government-attached agencies organize bidding, these agencies shall make reports on the results of preliminary assessment of capacity and experience and approve the investors in case the investors meet 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 whose investment guidelines have been approved by the National Assembly or the Prime Minister), the investment registration agency and the investor.
Procedures for investor approval for investment projects implemented in economic zones specified in Clause 2, Article 32 of the Law on Investment are carried out as follows:
a) The investor shall submit 04 sets of dossier of application for investor approval to the economic zone management board, 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 economic zone management board shall send the dossier for consultation with relevant state agencies according to the corresponding 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 economic zone management board, the consulted agency shall give its opinions on the contents under its state management and send it to the economic zone management board;
d) The economic zone management board 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 formulation and appraisal of applications for approval of investment guidelines
The dossier of application for approval of the investment project guideline shall be made in accordance with the provisions of Clause 1 or Clause 2, Article 33 of the Law on Investment and Clauses 2 and 3 of this Article.
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 include:
a) A copy of the list of land recovery projects already approved by the provincial-level People’s Council; papers proving that the land has been cleared (if any), other explanatory documents (if any) in case of proposing the selection of investors through the form of land use right auction in accordance with the land law;
b) A copy of the list of land recovery projects already approved by the provincial-level People’s Council; papers proving that the land has not been cleared (if any), other explanatory documents (if any) in case of proposing the selection of investors through bidding for projects using land. In this case, the investment project proposal shall preliminarily determine the total cost of project implementation determined on the basis of the total investment of the project in accordance with the law on construction, excluding compensation, support and resettlement expenses.
In case of bidding for investor selection in accordance with the law on socialization, specialized laws, documents explaining the legal basis and conditions for application of the form of investor selection through bidding in accordance with the law on socialization,  specialized laws;
c) Documents proving that the project is not on the list of land recovery projects already approved by the provincial-level People’s Council; a valid copy of the land allocation or land lease decision, the land use right lease contract or the land use right certificate, the certificate of ownership of houses and residential land use rights, the certificate of land use rights, the ownership of houses and other land-attached assets in case of proposal for approval of the investment policy the time with investor approval for investors with land use rights as prescribed at Point a, Clause 4, Article 29 of the Law on Investment;
d) A valid copy of the competent People’s Committee’s document approving the receipt of the transfer, capital contribution or lease of land use rights for the execution of the investment project and valid copies of other papers and documents agreeing on the use of the location for the execution of the investment project in case of proposal for approval of investment guidelines concurrently with the investor approval for investors who receive transfer, capital contribution or lease of agricultural land use rights for the implementation of non-agricultural production and business investment projects as prescribed at Point b, Clause 4, Article 29 of the Law on Investment.
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; explaining the satisfaction of urban development objectives and orientations, housing development programs and plans; the expected division of component projects (if any); preliminary plans for investment phasing to ensure synchronous requirements; preliminary structure of housing products and the allocation of land funds for social housing development; preliminary plans on investment in construction and management of urban infrastructure within and outside the scope of the project, in which preliminary proposals on the urban infrastructure portions retained by investors for business investment, urban infrastructure portions that investors are responsible for handing over or proposed to be handed over to localities for housing construction investment projects,  urban areas.
For urban area projects, where the law on construction provides for the preparation of pre-feasibility study reports, investors or competent state agencies may submit or use pre-feasibility study reports instead of investment project proposals, in which preliminary proposals for urban infrastructure are retained by investors for investment business and urban infrastructure that the investor is responsible for handing over or proposing to be handed over to the locality;
b) The contents specified at Point d, Clause 1 or Point b, Clause 2, Article 33 of the Law on Investment, the expected division of component projects (if any) for construction investment projects other than those specified at Point a of this Clause.
4. Competent state agencies shall compile dossiers of application for approval for investment guidelines of investment projects under the provisions of 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 for investment guidelines for projects falling under the competence to approve investment guidelines of the National Assembly or the Prime Minister;
b) Specialized agencies of provincial-level People’s Committees; district-level People’s Committees; Management boards of industrial parks, export processing zones, hi-tech parks and economic zones shall compile dossiers of application for approval for investment guidelines for investment projects falling under the competence to approve investment guidelines of provincial-level People’s Committees.
Agencies receiving dossiers of application for approval for investment guidelines:
a) The Ministry of Planning and Investment shall receive dossiers of application for approval for investment guidelines for investment projects falling under the competence to approve investment guidelines of the National Assembly or the Prime Minister;
b) The Department of Planning and Investment shall receive dossiers of application for approval for investment guidelines for investment projects falling under the competence to approve investment guidelines of provincial-level People’s Committees other than industrial parks, export processing zones, hi-tech parks and economic zones; investment projects shall be implemented simultaneously both inside and outside industrial parks, export processing zones, hi-tech parks and economic zones; investment projects in industrial parks, export processing zones, hi-tech parks and economic zones where management boards of industrial parks, export processing zones, hi-tech parks or economic zones have not yet been established or are not under the management of management boards of industrial parks, export processing zones or hi-tech parks, etc  economic zones;
c) Management boards of industrial parks, export processing zones, hi-tech parks and economic zones shall receive dossiers of application for approval for investment guidelines for investment projects falling under the competence of provincial-level People’s Committees to approve investment guidelines implemented in industrial parks,  export processing zones, hi-tech parks, economic zones.
Contents of appraisal of an application for approval for investment guidelines include:
a) The contents specified in Clause 3, Article 33 of the Law on Investment;
b) Legal grounds and conditions for application of the form of investor selection as prescribed in Clause 1, Article 29 of the Law on Investment and Article 29 of this Decree.
The appraisal of the conformity of the investment project with the plannings specified at Point a, Clause 3, Article 33 of the Law on Investment shall be carried out as follows:
a) In case the national, regional or provincial planning has not yet been decided or approved in accordance with the Planning Law, the assessment of the conformity of the investment project with such planning shall be carried out on the basis of assessment of the conformity of the investment project with the planning as prescribed at Point c, Clause 1, Article 59 of the Planning Law on the implementation of plannings integrated into national, regional, provincial plannings and the Government’s Resolution promulgating the list of plannings integrated into these plannings;
b) In case the master plans integrated into the national, regional or provincial master plans as prescribed at Point a of this Clause expire before the national, regional or provincial master plans are decided or approved, such master plans shall be extended until the national master plan or provincial master plan is  regional plannings and provincial plannings decided or approved;
c) For urban planning, the appraisal contents must include an assessment of the conformity of the investment project with the detailed planning (if any) and zoning planning (if any); in case the detailed planning or zoning planning has not yet been approved by the competent authority, the conformity of the investment project with the general planning shall be assessed.
Contents of appraisal of an application for approval of investment guidelines 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 as prescribed in Clause 1, Article 29 of the Law on Investment and Article 29 of this Decree;
c) Assessment of the satisfaction of conditions prescribed by law on construction, housing, urban development and real estate business (for investment projects on construction of houses, urban areas and real estate business).
The collection of opinions and replies to opinions in the process of appraisal of proposals for approval of investment guidelines shall comply with the principles specified in Clause 2, Article 6 of this Decree. In case the law on construction, housing, urban development and real estate business provides for the agencies to be consulted for appraisal and the contents of the appraisal opinions, the provisions of such law shall apply.
Article 32. Procedures for approval of investment guidelines by the Prime Minister
Investment projects falling under the Prime Minister’s competence to approve investment guidelines are specified in Article 31 of the Law on Investment. Other investment projects falling under the Prime Minister’s competence to approve investment guidelines under the provisions of Clause 4, Article 31 of the Law on Investment are those which are required by law to be submitted to the Prime Minister for approval of investment guidelines, investment decisions, etc  permitting investment or other forms of decision.
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 application for approval for investment guidelines as prescribed in Clause 1 or Clause 2, Article 33 of the Law on Investment, Clauses 2 and 3, Article 31 of this Decree to the Ministry of Planning and Investment.
Within 03 working 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 send the dossier to the relevant ministries, agencies and the provincial-level People’s Committee of the locality where the project is expected to be implemented on the contents of the investment project under the state management of the according to the provisions of Clause 6 or Clause 8, Article 31 of this Decree.
For investment projects with proposals to change the use purpose of rice cultivation land, protection forest land, special-use forest land, forest use purpose change, the procedures for collecting opinions shall be carried out as follows:
a) For projects that propose to change the use purpose of rice cultivation land, protection forest land or special-use forest land to other purposes, the Ministry of Planning and Investment shall consult the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, other ministries,  relevant agencies and provincial-level People’s Committees of the localities where the projects are expected to be implemented on the conformity of the projects with the land use plannings approved by competent state agencies; the remaining allocated land use norms up to the time of project proposal; current land use status (types of land, land users); preliminary plan for land recovery, compensation, support and resettlement (if any); the observance of the provisions of the law on land in case the investor is using land allocated or leased land by the State for the implementation of other investment projects.
b) For projects with proposals for forest use purpose change, 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, relevant ministries and sectors and provincial-level People’s Committees of the localities where the projects are expected to be implemented on the policy of changing forest use purposes to other purposes according to regulations prescribed by the law on forestry. In case the dossier of request for decision on policy on forest use purpose change has been made and appraised in accordance with the forestry law, the Ministry of Agriculture and Rural Development shall submit it to the Prime Minister for consideration and decision on the policy of changing forest use purposes to other purposes (for cases falling under the competence of the Prime Minister).  at the same time, send it to the Ministry of Planning and Investment for summarization and submission to the Prime Minister for approval of investment policies; The provincial-level People’s Committee shall submit 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 falling under the competence of the provincial-level People’s Council), and at the same time send it to the Ministry of Planning and Investment for summarization and submission to the Prime Minister for approval of the investment policy.
Within 15 days after receiving the request of the Ministry of Planning and Investment, the consulted agency shall give its appraisal opinions on the contents under its state management and send it to the Ministry of Planning and Investment.
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 including the contents specified in Clause 6 or Clause 8, Article 31 of this Decree and submit it to the Prime Minister for approval of the investment guidelines.
For an investment project that is simultaneously subject to the investment policy approval competence of 02 or more provincial-level People’s Committees and proposes to select investors in the form of land use right auction or bidding, the Ministry of Planning and Investment shall propose the provincial-level People’s Committee of a province to  centrally-run cities shall assume the prime responsibility for, and coordinate with relevant agencies and localities in, organizing land use right auctions or bidding for investor selection or proposing the assignment of a ministry, ministerial-level agency or government-attached agency to assume the prime responsibility for, and coordinate with other agencies in,  relevant localities shall organize bidding to select investors.
Within 07 working days from the date of receipt of the appraisal report of the Ministry of Planning and Investment, the Prime Minister shall approve the investment policy.
The contents of the Prime Minister’s decision on approval for investment guidelines include:
a) The investor executing the project (in case of approval for investment guidelines at the same time as the approval of the investor) or the form of investor selection (in case of selection of investors to implement the project in the form of auction of land use rights or bidding);
b) Name of the project; goal; scale (preliminary structure of housing products and the allocation of land funds for social housing development, preliminary plans for investment in construction and management of urban infrastructure inside and outside the project scope for investment projects on construction of houses and urban areas, preliminary urban infrastructure portions retained by investors for business investment,  the urban infrastructure portion handed over by the investor to the locality for the urban area project, if any); investment capital of the project (preliminary total cost of project implementation, if any), operation duration of the project;
c) Location of the investment project;
d) Progress of implementation of the investment project: progress of capital contribution and mobilization of capital sources; the progress of capital construction and putting the work into operation (if any); preliminary plan for investment phasing or division of component projects (if any); the implementation schedule of each stage (for investment projects with multiple stages);
dd) Applied technology (if any);
e) Investment incentives and supports and conditions for application (if any);
g) Other conditions for implementation of the investment project (if any);
h) Responsibilities of investors and relevant agencies in the implementation of investment projects;
i) The effective time of the decision on approval for investment guidelines.
The decision on approval for investment guidelines 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 locality where the investment project is implemented for auction (in case of selection of investors to execute the project in the form of auction of rights land use), bidding agencies to announce the list of projects in accordance with the law on bidding, the law on socialization, specialized laws (in case of selection of investors to execute projects in the form of bidding), investment registration agencies,  ministries and agencies involved in the implementation of investment projects.
Article 33. Competence, order and procedures for approval of investment guidelines of provincial-level People’s Committees
Investment projects falling under the competence to approve guidelines of provincial-level People’s Committees are specified in Article 32 of the Law on Investment.
Investment projects subject to the approval of guidelines by provincial-level People’s Committees under the provisions of Point a, Clause 1, Article 32 of the Law on Investment include:
a) Investment projects that request the State to allocate or lease land without auction of land use rights or through bidding for investor selection;
b) Investment projects that request the State to allocate or lease land from households or individuals that are subject to the written approval of provincial-level People’s Committees in accordance with the land law;
c) Investment projects that request the State to allocate or lease land that are not subject to the transfer of land use rights and land-attached assets;
d) Investment projects that request land use purpose change are subject to a written permission for land use purpose change from a competent state agency in accordance with the land law, except for the case of land use purpose change of households.  individuals not subject to the approval of provincial-level People’s Committees in accordance with the land law.
An investment project falling under the competence to approve the guidelines of the provincial-level People’s Committee specified at Point d, Clause 1, Article 32 of the Law on Investment is a project of a foreign investor or a foreign-invested economic organization that requests the State to allocate land,  lease land, permit the change of land use purpose in islands and border communes, wards and townships; coastal communes, wards and townships; other areas affecting national defense and security shall be determined under 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 under the provisions of Point dd, Clause 2, Article 98 of this Decree.
Procedures for approval of investment guidelines by provincial-level People’s Committees are carried out as follows:
a) The investor or a competent state agency shall submit 04 sets of dossier of application for approval for investment guidelines as prescribed in Clause 1 or Clause 2, Article 33 of the Law on Investment, Clauses 2 and 3, Article 31 of this Decree to the investment registration agency;
b) Within 03 working days from the date of receipt of a valid dossier as prescribed at Point a of this Clause, the investment registration agency shall send the dossier to the departments, district-level People’s Committees where the project is expected to be implemented and relevant agencies on the contents under its state management according to the provisions of Clause 6 or Clause 8, Article 31 of this Decree;
c) Within 15 days from the date of receipt of the request of the investment registration agency, the consulted agency shall give its appraisal opinions on the contents under its state management and send it to the investment registration agency;
d) Within 25 days from the date of receipt of a valid dossier as prescribed at Point a of this Clause, the investment registration agency shall make an appraisal report including the appraisal contents specified in Clause 6 or Clause 8, Article 31 of this Decree and submit it to the provincial-level People’s Committee.
Within 07 working days from the date of receipt of the dossier and appraisal report, the provincial-level People’s Committee shall consider approving the investment policy for the project, including the contents specified in Clause 7, Article 32 of this Decree.
The decision on approval for investment guidelines shall be sent to the investor or the competent state agency that has submitted the dossier as prescribed at Point a, Clause 4 of this Article, the agency assigned to organize the auction (in case of selection of investors to implement the project in the form of land use right auction),  the bidding agency to announce the project list in accordance with the law on bidding, the law on socialization, specialized laws (in case of selection of investors to implement projects in the form of bidding), investment registration agencies,  departments and agencies related to the implementation of investment projects.
For investment projects in industrial parks, export processing zones, hi-tech parks and economic zones specified in Clause 2, Article 32 of the Law on Investment, the Management Boards of industrial parks, export processing zones, hi-tech parks and economic zones shall carry out the procedures for approving investment guidelines 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 dossier of application for approval for investment guidelines as prescribed in Clause 1 or Clause 2, Article 33 of the Law on Investment, Clauses 2 and 3, Article 31 of this Decree to the industrial park management board.  export processing zones, hi-tech parks, 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 the industrial park, export processing zone, hi-tech park or economic zone shall send the dossier to the relevant agencies for appraisal opinions on the contents under their state management specified 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 the industrial park, export processing zone, hi-tech park or economic zone, the consulted agency shall give its appraisal opinions on the contents under its state management and send it to the industrial park management board  export processing zones, hi-tech parks, economic zones;
d) Within 25 days from the date of receipt of a valid dossier as prescribed at Point a of this Clause, the management board of the industrial park, export processing zone, hi-tech park or economic zone shall make an appraisal report including the contents specified in Clause 6 or Clause 8, Article 31 of this Decree and a decision on approval for investment guidelines specified in Clause 7, Article 32 of this Decree.
For investment projects implemented in economic zones subject to land use right auction, economic zone management boards shall report to provincial-level People’s Committees to assign competent agencies and units to organize land use right auctions.
Section 3. PROCEDURES FOR ISSUANCE, ADJUSTMENT AND REVOCATION OF INVESTMENT REGISTRATION CERTIFICATES
Article 34. Competence to grant, modify and revoke investment registration certificates
The competence to grant, modify and revoke investment registration certificates shall comply with the provisions of Article 39 of the Law on Investment.
The Department of Planning and Investment of the locality where the investor executes the investment project, locates or is expected to set up the executive office for the implementation of the investment project shall grant, adjust and revoke the Investment Registration Certificate for the following investment projects:
a) The investment project is implemented in 02 or more provincial-level administrative units;
b) Investment projects implemented inside and outside industrial parks, export processing zones, hi-tech parks and economic zones;
c) Investment projects in industrial parks, export processing zones, hi-tech parks or economic zones where management boards of industrial parks, export processing zones, hi-tech parks or economic zones have not yet been established or are not under the management of management boards of industrial parks or export processing zones,  hi-tech parks, economic zones.
Management boards of industrial parks, export processing zones, hi-tech parks and economic zones shall grant, modify and revoke investment registration certificates for the following investment projects:
a) Investment projects on construction and commercial operation of infrastructure facilities of industrial parks, export processing zones, hi-tech parks and functional zones in economic zones;
b) Investment projects implemented in industrial parks, export processing zones, hi-tech parks and economic zones.
Article 35. Procedures for issuance and adjustment of investment registration certificates for projects subject to approval for investment guidelines
Procedures for issuance and adjustment of investment registration certificates for investment projects that are approved for investment guidelines at the same time as investor approval and subject to issuance of investment registration certificates are carried out as follows:
a) Based on the decision on approval for investment guidelines or the decision on approval for adjustment of investment guidelines, the investment registration authority shall grant or adjust the investment registration certificate within 05 working days from the date of receipt of the decision on approval for investment guidelines.  Decision on approval for adjustment of investment guidelines;
b) For an investment project subject to investment policy approval 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 of a province or centrally-run city where the investor implements the investment project.  setting up or planning to set up an executive office for the implementation of an investment project for issuance of an investment registration certificate.
For investment projects that have been approved for investment guidelines and investors have won auctions or bids; investment projects subject to investor approval as prescribed in Clause 3, Article 29 of the Law on Investment and subject to issuance of investment registration certificates, investors shall submit written applications for investment registration certificates to investment registration agencies for issuance of investment registration certificates within 05 working days from the date of issuance of investment registration certificates the date the investment registration agency receives the written request.
For investment projects in which the economic zone management board approves the investor, the economic zone management board shall decide to approve the investor at the same time as the issuance of the investment registration certificate.
4. For a project not subject to an investment registration certificate, if there is a need for an investment registration certificate, the investor shall submit a written application for an investment registration certificate, a valid copy of the decision on approval for investment guidelines and a valid copy of the decision on investor approval (if any) to the registry to be granted an Investment Registration Certificate within 05 working days from the date of receipt of the written request.
Article 36. Procedures for issuance and adjustment of investment registration certificates for investment projects not subject to approval for investment guidelines
The investor shall submit 01 set of dossier of application for an 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 investment project, locates or is expected to set up an executive office to apply for an investment registration certificate for the project.
For an investment project that has been put into operation, the investor shall submit a dossier as prescribed in Clause 1 of this Article, in which the proposal of the investment project shall be replaced by a report on the implementation of the investment project from the time of implementation to the time of application for an investment registration certificate.
The investment registration authority shall issue an investment registration certificate to the investor within 15 days from the date of receipt of a valid dossier when the project satisfies the following conditions:
a) Not belonging to the business lines banned from business investment as prescribed in Article 6 of the Law on Investment and international treaties on investment;
b) Having a location for implementation of the investment project determined on the basis of a valid copy of the land use right papers or a valid copy of the location lease agreement or other documents and documents determining the right to use the location for the execution of the investment project;
c) Investment projects in conformity with the plannings specified in Clause 7, Article 31 of this Decree;
d) Satisfying the conditions on the investment rate on a land area prescribed by the provincial-level 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);
dd) Satisfying the market access conditions for foreign investors.
Procedures for adjustment of investment registration certificates for projects not subject to approval for investment guidelines shall comply with the provisions of Article 47 of this Decree.
Article 37. Investment project code
An investment project code is a series of numbers automatically generated by the National Investment Information System and inscribed in the Investment Registration Certificate. Each investment project is granted a unique code, which exists during the operation of the project and expires when the project is terminated.
For an investment project executed under an investment certificate, investment license or other papers of equivalent value, the identification number of the investment project is the number of the investment certificate, number of the investment license or other papers of equivalent value issued to the investment project.
3. Competent state agencies shall uniformly use investment project codes to manage and exchange information on investment projects.
Article 38. Carrying out investment procedures on the National Investment Information System
Before carrying out the procedures for issuance and adjustment of the Investment Registration Certificate, the investor shall declare information about the investment project online on the National Investment Information System. Within 15 days from the date of online declaration, the investor shall submit an application for issuance or adjustment of the Investment Registration Certificate to the investment registration agency. Past 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.
The investment registration agency shall use the National Investment Information System to receive, process and return results of implementation of investment procedures, update the processing of dossiers and issue codes for investment projects. The investment project identification number takes effect when the electronic version of the investment registration certificate is recorded and archived in the National Investment Information System.
In case the National Investment Information System encounters an inaccessibility problem, the investment registration agency shall issue an investment registration certificate according to the contingency process as follows:
a) The investment registration authority shall receive the dossier of application for issuance or modification of the investment registration certificate in paper form and send a written request to the Ministry of Planning and Investment for the issuance of a code for the investment project. Within 02 working days from the date of receipt of 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 on the National Investment Information System.
Article 39. Dossier of issuance and adjustment of online investment registration certificate
For investment projects not subject to approval for investment guidelines, investors may choose to submit a paper application for issuance or adjustment of the investment registration certificate as prescribed in Articles 36 and 47 of this Decree or submit the dossier online on the National Investment Information System in one of two forms:  using digital signatures or not using digital signatures.
An online dossier of application for issuance or adjustment of an investment registration certificate includes data in accordance with the provisions of this Decree and is presented in the form of an electronic document, with the same legal validity as a paper dossier.
Documents submitted online are valid when the following conditions are met:
a) Having all papers and contents fully declared as prescribed for paper dossiers, expressed 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 dossier; authenticated by the investor’s digital signature or consistently compared with the paper dossier.
In case the investor authorizes the implementation of investment procedures, the dossier of application for issuance or adjustment of the investment registration certificate must be enclosed with the authorization papers and legal papers of the authorized party.
Article 40. Order and procedures for issuance and adjustment of online investment registration certificates on the National Investment Information System
Investors shall carry out the order and procedures for issuance and adjustment of investment registration certificates using digital signatures as follows:
a) The investor registers an account on the National Investment Information System;
b) The investor shall declare information and download the digitally signed electronic document on the National Investment Information System;
c) After completing the submission of the dossier, the investor shall receive the receipt of the dossier via the National Investment Information System;
d) If the dossier is invalid or contains contents that need to be clarified, the investment registration agency shall send a notice to the investor to complete the dossier on the National Investment Information System within 05 working days from the date of receipt of the dossier;
dd) If the dossier is valid and satisfies the conditions, the investment registration authority shall grant or modify the investment registration certificate to the investor within 15 days from the date of receipt of the valid dossier.
The Investor shall carry out the order and procedures for issuance and adjustment of the Investment Registration Certificate without the use of digital signatures as follows:
a) The investor registers an account on the National Investment Information System;
b) The Investor shall declare information and download electronic documents on the System;
c) After completing the submission of the dossier, the investor shall receive the receipt of the dossier via the System;
d) If the dossier is invalid or has contents that need 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 of the dossier;
dd) In case the dossier 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 dossier enclosed with a printed copy of the dossier receipt to the investment registration agency, directly or via postal service for comparison with the dossier submitted on the System. Past 30 days from the date of sending the notice of eligibility for issuance or adjustment of the investment registration certificate, if the investment registration agency fails to receive the investor’s paper dossier for comparison, the investor’s electronic registration dossier is no longer valid;
g) The investment registration authority shall grant or modify the investment registration certificate within 15 days (excluding the time for the investor to submit a paper dossier for comparison with the electronic dossier) from the date of receipt of a valid dossier if the comparison contents are consistent;
h) The Investor shall be responsible for the accuracy and completeness of the paper dossier compared to the dossier submitted on the System. In case the paper dossier is inconsistent with the above dossier submitted on the System, the investment registration agency has the right to refuse to grant or modify the Investment Registration Certificate.
Article 41. Procedures for re-issuance and correction of information on the investment registration certificate
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 working days from the date the investment registration agency receives the written request.
In case the investment registration certificate is stored in the form of electronic data in the National Investment Information System with different contents than the investment registration certificate, the investment registration certificate with the contents recorded in the investment registration dossier is legally valid. The investment registration agency shall proofread the information on the investment registration certificate within 03 working days from the date of receipt of the investor’s request.
In case the information on the investment registration certificate is inaccurate compared to the information registered in the dossier of 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 receipt of the investor’s request.
Article 42. Registration for resubmission of the Investment Registration Certificate
For an investment project that has been granted an investment registration certificate but whose contents are adjusted leading to the non-issuance of an investment registration certificate, the investor shall return the investment registration certificate to the investment registration authority (if the investor so wishes) and continue to implement the investment project according to the prescribed by law.
Section 4. ADJUSTMENT OF INVESTMENT PROJECTS
Article 43. Contents and procedures for adjustment of investment projects
In the course of implementing an investment project, the investor may adjust the project to include the contents specified in Clauses 1, 2 and 3, Article 41 of the Law on Investment.
For projects that have been approved for investment guidelines, investors shall carry out the following procedures:
a) In case of adjustment of the contents of the investment project as prescribed in Clause 3, Article 41 of the Law on Investment, the investor shall carry out the procedures for adjustment of the decision on approval for investment guidelines according to the corresponding provisions in Articles 44, 45 and 46 of this Decree. Based on the Decision on approval for adjustment of investment guidelines, the investor shall carry out the procedures for adjustment of the Decision on Investor Approval (if any) or the Investment Registration Certificate (if any);
b) When adjusting the contents of an investment project other than 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 guidelines.
For an investment project that is not subject to approval for investment guidelines or a project that has been approved for investment guidelines but does not fall into the case specified in Clause 3, Article 41 of the Law on Investment, the investor shall carry out the procedures for adjustment of the Investment Registration Certificate (if any) as prescribed in Article 47 of this Decree.
In case the request for adjustment of an investment project not subject to approval for investment guidelines leads to an investment project subject to approval for investment guidelines, the investor must carry out the procedures for approval for investment guidelines as prescribed in Section 2, Chapter IV of this Decree before adjusting the investment project. In this case, the investment guideline approval agency shall consider the adjustment contents to approve the investment policy.
Article 44. Procedures for adjustment of investment projects falling under the Prime Minister’s competence to approve investment guidelines
The investor submits 08 sets of dossiers to the Ministry of Planning and Investment. The dossier comprises:
a) A written request for adjustment of the investment project;
b) A 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 institutional investor;
d) Explaining or providing 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).
Procedures for adjustment of 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 a competent state agency as prescribed in Clause 3, Article 32 of this Decree to collect opinions on the adjustment of the investment project;
b) Within 15 days from the date of receipt of a valid dossier, the consulted agencies shall give their opinions on the adjustment of the project under their state management;
c) Within 35 days from the date of receipt of a valid dossier, the Ministry of Planning and Investment shall make a report on appraisal of the adjustment of the investment project for submission to the Prime Minister;
d) Within 05 working days from the date of receipt of the appraisal report of the Ministry of Planning and Investment, the Prime Minister shall decide to approve the adjustment of investment guidelines. The decision on approval for adjustment of investment guidelines shall be sent to the Ministry of Planning and Investment, the investment registration authority and the investor, ministries and agencies related to the implementation of the investment project, and the agency approving the investor (if any).
Article 45. Procedures for adjustment of investment projects under the competence of provincial-level People’s Committees to approve investment guidelines
The investor shall submit 04 sets of dossiers specified in Clause 1, Article 44 of this Decree to the investment registration authority.
Procedures for adjustment of investment projects:
a) Within 03 working days from the date of receipt of a valid dossier, 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 adjustment of the investment project;
b) Within 15 days from the date of receipt of a valid dossier, the consulted agencies shall give their opinions on the adjustment of the project under their state management;
c) Within 25 days from the date of receipt of a valid dossier, the investment registration authority shall make a report on appraisal of the adjustment of the investment project for submission to the provincial-level People’s Committee;
d) Within 07 working days from the date of receipt of the dossier and appraisal report from the investment registration authority, the provincial-level People’s Committee shall decide to approve the adjustment of investment guidelines. The decision on approval for adjustment of investment guidelines shall be sent to the investment registration authority and the investor, the investor-approving agency in case of approval of the investor as prescribed in Clause 3, Article 29 of the Law on Investment, departments and agencies related to the implementation of the investment project.
Article 46. Procedures for adjustment of investment projects falling under the authority to approve investment guidelines of management boards of industrial parks, export processing zones, hi-tech parks and economic zones
Procedures for adjustment of investment projects subject to investment policy approval by management boards of industrial parks, export processing zones, hi-tech parks and economic zones specified in Clause 2, Article 32 of the Law on Investment shall be carried out as follows:
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 parks and economic zones;
Within 03 working days from the date of receipt of a valid dossier, the management board of an industrial park, export processing zone, hi-tech park or economic zone shall send the dossier to a competent state agency as prescribed at Point b, Clause 7, Article 33 of this Decree to collect opinions on the adjustment of the investment project;
Within 15 days from the date of receipt of a valid dossier, the consulted agencies shall give their opinions on the contents of the adjustment of the project under their state management;
Within 25 days from the date of receipt of a valid dossier, the Management Board of the industrial park, export processing zone, hi-tech park or economic zone shall decide to approve the adjustment of the investment policy. The decision on approval for adjustment of investment guidelines shall be sent to the investor or agency related to the implementation of the investment project.
Article 47. Procedures for adjustment of investment projects that have been granted investment registration certificates and are not subject to approval for adjustment of investment guidelines
In case of adjustment of an investment project related to the change of the name of the investment project or the name of the investor in the investment registration certificate, the investor shall submit a written request for adjustment of the investment project to the investment registration authority enclosed with documents related to the change of the name of the investment project.  investor’s name. Within 03 working days from the date of receipt of the written request for adjustment of the investment registration certificate, the investment registration authority shall adjust the investment registration certificate for the investor.
In case of adjustment of an investment project other than the contents 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 authority. Within 10 days from the date of receipt of a valid dossier, the investment registration authority shall adjust the investment registration certificate for the investor.
Article 48. Adjustment of an investment project in case the investor transfers part or the whole of the investment project
Investors have the right to transfer part or all of their investment projects to other investors when they meet the conditions specified in Clause 1, Article 46 of the Law on Investment.
The transferee investor may inherit the rights and obligations to implement the investment project of the transferring investor. In case of transfer of an investment project that generates income, the investor transferring the investment project shall fulfill its financial obligations to the State in accordance with law.
For real estate business projects, investors who are approved under the provisions of Clause 3 or Clause 4, Article 29 of the Law on Investment or granted an Investment Registration Certificate shall carry out the procedures for adjustment of the investment project upon project transfer as prescribed in this Article and comply with the principles,  conditions, rights and obligations of the transferor and the transferee in accordance with the law on real estate business.
For real estate business projects other than those specified in Clause 3 of this Article, the competence, procedures, conditions and dossiers permitting the transfer of part or the whole of the real estate business project shall comply with the provisions of the law on real estate business.
A dossier of request for adjustment of an investment project comprises:
a) A written request for adjustment of the investment project;
b) A report on the implementation of the investment project up to the time of transfer of the investment project;
c) The contract or contract in principle on the transfer of part or the whole of the investment project;
d) Copies of documents on the legal status of the transferor and transferee;
dd) A copy of the investment registration certificate; Decision on approval of investment guidelines; Decision on investor approval (if any);
e) A copy of the BCC contract (for an investment project in the form of a BCC contract);
g) A copy of one of the following documents of the investor receiving the transfer of the investment project: financial statements for the last 02 years or the investor’s equity audit report, the parent company’s commitment to provide financial support, the financial support commitment of the financial institution,  guarantee on the financial capacity of the investor, documents explaining the financial capacity of the investor.
For an investment project whose investment guidelines have been approved at the same time as the investor’s approval and the investor transfers the entire investment project before the project is operated or there is a change in conditions for the investor, the procedures for project adjustment are as follows:
a) The investor transferring the project shall submit 08 sets of dossier as prescribed in Clause 5 of this Article to the Ministry of Planning and Investment or 04 sets of dossier as prescribed in Clause 5 of this Article to the investment registration authority corresponding to the competence to approve the project investment policy;
b) The agency specified at Point a of this Clause shall consider the conditions for transfer of the investment project as prescribed in Clause 1, Article 46 of the Law on Investment to decide on the adjustment of the investment project according to the corresponding provisions in Articles 44, 45 and 46 of this Decree. The decision on approval for investor adjustment shall record the transferring investor and the transferee, the transferred project part (if any) and shall be sent to the investment registration authority, the transferring investor and the transferee.
For an investment project whose investment guidelines have been approved and the transfer of the project changes the contents of the investment policy approval 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 transferor shall carry out the procedures for project adjustment according to the corresponding provisions at Points a and b, Clause 6 of this Article, except for the case specified in Clause 9 of this Article.
For an investment project whose investment guidelines have been approved but the transfer of the project does not change the contents of the investment policy approval 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 investor transferring the project is not required to carry out the procedures for approving the adjustment of the investment policy but carries out the procedures for adjusting the Decision on approval of the investor according to the following provisions:
a) The investor transferring the project shall submit 04 sets of dossier 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 a written request for approval of the adjustment of the investor;
b) Within 03 working days from the date of receipt of a valid dossier, the investment registration authority shall send the dossier to the relevant competent state agency of the same level for opinions 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 date of receipt of a valid dossier, the consulted agencies shall give their opinions on the contents under their state management and send them to the investment registration agency;
d) Within 25 days from the date of receipt of a valid dossier, the investment registration authority shall make an appraisal report including the contents specified at Points b, c and d, Clause 4, Article 33 of the Law on Investment and submit it to the provincial-level People’s Committee;
dd) Within 07 working days from the date of receipt of the dossier and appraisal report, the provincial-level People’s Committee shall decide to approve the adjustment of the investor;
e) The decision on approval for adjustment of the investor shall record the transferor and the transferee, the transferred project part (if any) and send it to the investment registration authority, the transferring investor and the transferee.
For an investment project that has been approved for investment guidelines and has been put into operation and operation, the investor is not required to carry out the procedures for approving the adjustment of investment guidelines when transferring the project.
For an investment project that has been granted an investment registration certificate and is not subject to approval for investment guidelines or has been approved for investment guidelines but does not fall into the cases specified in Clause 3, Article 41 of the Law on Investment, the procedures for project adjustment are carried out as follows:
a) The investor transferring the investment project shall submit 01 set of dossier specified in Clause 5 of this Article to the investment registration authority;
b) The investment registration authority shall consider the conditions for transfer of the investment project specified in Clause 1, Article 46 of the Law on Investment in order to adjust the investment project as prescribed in Article 47 of this Decree. The adjusted investment registration certificate shall be sent to the transferring investor and the transferee.
Procedures for adjustment of an investment project in case a foreign investor receives the transfer of an investment project and establishes an economic organization to execute the investment project:
a) The investor transferring the investment project shall carry out the procedures for adjustment of 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 establishment of an economic organization in accordance with the provisions of the enterprise law corresponding to each type of economic organization. From the date of issuance of the Enterprise Registration Certificate or other papers of equivalent legal validity, the economic organization established by the foreign investor is the investor implementing the investment project as prescribed in Clause 2, Article 22 of the Law on Investment.
Article 49. Adjustment of an investment project in case the investor receives the transfer of an investment project as collateral
Credit institutions or organizations and individuals secured by assets being investment projects (hereinafter referred to as secured parties) are entitled to transfer such investment projects.
The investor receiving the transfer of the investment project may inherit the rights and obligations to implement the investment project of the transferor according to the conditions specified in the project transfer contract and relevant provisions of law.
The secured party or the transferee of the investment project shall make a dossier of request for adjustment of the investment project, including:
a) A written request for adjustment of the investment project;
b) The contract for transfer of the investment project between the secured party and the transferee;
c) Loan contract or credit extension contract or debt purchase and sale contract (if any);
d) The contract or written certification of the secured transaction (if any);
dd) A written certification of winning the auction in case the secured party or the civil judgment enforcement agency auctions the property (if any);
e) Copies of documents on the legal status of the transferor and the transferee;
g) A copy of the investment registration certificate; Decision on approval of investment guidelines; Decision on investor approval (if any);
h) A copy of one of the following documents of the transferee: financial statements of the last 02 years or the investor’s equity audit report, the parent company’s financial support commitment, the financial support commitment of the financial institution,  guarantee on the financial capacity of the investor, documents explaining the financial capacity of the investor;
i) The secured party’s written certification of the legal status of the collateral.
Procedures for adjustment of an investment project in case of transfer of an investment project as collateral are as follows:
a) For an investment project whose investment guidelines have been approved at the same time as the investor’s approval but the entire investment project is transferred in the case specified at Point g, Clause 3, Article 41 of the Law on Investment, the secured party or the transferee of the investment project shall submit the dossier specified in Clause 3 of this Article and complete the procedures for project adjustment shall comply with the corresponding provisions in Articles 44, 45 and 46 of this Decree;
b) For an investment project whose investment guidelines have been approved and the transfer of the project changes the contents of the investment policy approval 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 adjustment of projects upon transfer shall comply with the corresponding provisions in Articles 44, 45 and 46 of this Decree, except for the case specified in Clause 5 of this Article.
c) For an investment project whose investment guidelines have been approved but the transfer of the project does not change the contents of the approval for investment guidelines 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 procedures for approval of adjustment of investment guidelines are not required. The secured party or the transferee investor shall carry out the procedures for adjustment of the investor approval decision according to the corresponding provisions at Points a, b, c, d, dd and e, Clause 8, Article 48 of this Decree.
d) For an investment project that has been granted an investment registration certificate and is not subject to approval for investment guidelines or has been approved for investment guidelines but does not fall into the cases specified in Clause 3, Article 41 of the Law on Investment, the secured party or the transferee of the investment project shall submit 01 set of dossier specified in Clause 3 of this Article to the investment registration authority to carry out procedures for project adjustment according to the corresponding provisions in Article 47 of this Decree.
For an investment project that has been approved for investment guidelines and has been put into operation and operation, it is not required to carry out the procedures for approving the adjustment of investment guidelines when transferring the investment project.
In case the secured party wishes to receive and execute the investment project, the property secured party shall compile a dossier and carry out procedures for adjustment of the investment project according to the corresponding provisions in Articles 44, 45, 46 and 47 of this Decree; in which, the dossier of request for adjustment of the investment project to supplement the contract or the written confirmation of the secured transaction; credit contract or written confirmation of debt; the secured party’s written certification of the legal status of the collateral.
In case a foreign investor or economic organization specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment receives the transfer of an investment project and establishes an economic organization to execute the investment project, the procedures for adjustment of the investment project shall be carried out according to the corresponding provisions of Article 44.  45, 46 and 47 of this Decree, then establish economic organizations in accordance with the provisions of the law on enterprises corresponding to each type of economic organization. The investor receiving the transfer of the investment project must meet the conditions specified in Clause 2, Article 24 of the Law on Investment.
For investment projects executed before the effective date of the Law on Investment, the procedures for project adjustment shall comply with the provisions of Article 117 of this Decree.
Article 50. Adjustment of investment projects in case of division, separation or merger of investment projects
Investors have the right to adjust investment projects in the following forms:
a) Dividing or separating the ongoing investment project of such investor (hereinafter referred to as the divided or separated project) into two or several projects;
b) Merging one or several investment projects of such investor (hereinafter referred to as the merged project) into an investment project of such investor (hereinafter referred to as the merging project).
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) Land use conditions 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 on approval for investment guidelines or the investment registration certificate before the division, separation or merger of the investment project;
Procedures for adjustment of an investment project in case of division, separation or merger of a project shall comply with the following provisions:
a) For an investment project whose investment guidelines have been approved, the investor shall submit 08 sets of dossier to the Ministry of Planning and Investment or 04 sets of dossier to the investment registration authority corresponding to the competence to approve the investment policy of the project.
The 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 or merger of the investment project or other documents of equivalent legal validity; documents on the legal status of the investor; a copy of the Investment Registration Certificate or the Decision on approval for investment guidelines (if any); a copy of the Decision on approval of the investor (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 agencies specified at Point a of this Clause shall consider the conditions for division, separation or merger of investment projects specified in Clause 2 of this Article in order to carry out procedures for adjustment of investment projects according to the corresponding provisions of Articles 44, 45 and 46 of this Decree. The decision on approval for adjustment of investment guidelines shall be sent to the investment registration agency and the investor;
c) For an investment project that has been granted an investment registration certificate and is not subject to approval for investment guidelines or has been approved for investment guidelines but does not fall into the case specified in Clause 3, Article 41 of the Law on Investment, the investor shall submit 01 set of dossier specified at Point a of this Clause to the investment registration authority. The investment registration authority shall consider the conditions for division, separation or merger of an investment project specified in Clause 2 of this Article in order to carry out the procedures for adjustment of the investment project as prescribed in 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 types of economic organizations
An economic organization formed on the basis of division, separation, consolidation, merger or transformation of an economic organization (hereinafter collectively referred to as reorganization) shall inherit and continue to exercise the rights and perform the obligations of the reorganized economic organization with respect to the investment project which the reorganized economic organization has implemented before the organization reorganized in accordance with the law on enterprises, land and relevant laws.
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 make a dossier of request for adjustment of the investment project. The dossier comprises:
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 the reorganized economic organization on the reorganization, including the handling of assets, rights and obligations related to the investment project;
d) Explaining or providing 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 and the decision on approval for investment guidelines; Decision on investor approval (if any).
For an investment project whose investment guidelines have been approved and the adjustment of the investment project upon reorganization changes the contents of the investment policy approval in one of the cases specified in Clause 3, Article 41 of the Law on Investment, the investor shall submit 08 sets of dossier 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 investment registration authority corresponding to the competence to approve the investment policy of the project in order to adjust the investment project according to the corresponding provisions in Articles 44, 45 and 46 of this Decree. The decision on approval for adjustment of investment guidelines shall be sent to the investor and the investment registration authority.
For an investment project that has been granted an investment registration certificate and is not subject to approval for investment guidelines or has been approved for investment guidelines but does not fall into the cases specified in Clause 3, Article 41 of the Law on Investment, the investor shall submit 01 set of dossier specified in Clause 2 of this Article to the investment registration authority for review adjustment of the project according to the provisions of Article 47 of this Decree. The adjusted investment registration certificate is sent to the investor.
Economic organizations formed on the basis of reorganization with foreign investors or economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment as members, 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, it shall carry out the procedures for adjustment of the investment project 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 receive and implement part or the whole of the investment project which the reorganized economic organization has implemented before the reorganization, the foreign investor or economic organization specified at Points a,  b and c, Clause 1, Article 23 of the Law on Investment must formulate an investment project and carry out procedures for issuance of an investment registration certificate or approval for investment guidelines under the provisions of this Decree before an economic organization is formed on the basis of reorganization to carry out the procedures for registration of the reorganized enterprise in accordance with the provisions of the law on enterprises.
Article 52. Adjustment of investment projects in case of use of land use rights and land-attached assets under investment projects to contribute capital to enterprises
Investors may use land use rights and land-attached assets under investment projects to contribute capital to the establishment of economic organizations or enterprises in accordance with the provisions of the land law, the enterprise law and relevant laws.
The capital contribution specified in Clause 1 of this Article must satisfy the following conditions:
a) Conditions prescribed by the land law on rights and obligations of land users and persons with land-attached assets; rights and obligations of recipients of capital contributions 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 for investment guidelines, decision on approval of investors, investment registration certificates, agreements between competent agencies and investors (if any);
d) Conditions for capital contribution and receipt of capital contribution with assets of enterprises with 100% charter capital held by the State in accordance with the law on management and use of state capital invested in production and business at enterprises, the law on management and use of public property and relevant laws;
dd) Conditions for capital contribution, purchase of shares, purchase of contributed capital as prescribed in Clause 2, Article 24 of the Law on Investment and Articles 15, 16 and 17 of this Decree for foreign investors and economic organizations 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) in accordance with law.
The capital contributor shall make a dossier of adjustment of the investment project, including:
a) A written request for adjustment of the investment project;
b) A report on the implementation of the investment project up to the time of capital contribution;
c) Agreements of shareholders and members on the use of land use rights and land-attached assets under investment projects to contribute capital to the establishment of the enterprise or to contribute additional charter capital of the operating enterprise;
d) A copy of the document on the legal status of the capital contributor or the capital contribution investor;
dd) A copy of the investment registration certificate, decision on approval for investment guidelines, decision on approval of investors (if any) of the capital contributor;
e) A copy of the certificate of land use rights, certificates of ownership of houses and residential land use rights, certificates of land use rights and ownership of houses and other land-attached assets.
4. Procedures for using land use rights and land-attached assets under an investment project to contribute capital to the establishment of an enterprise or contribute capital to an enterprise are carried out as follows:
a) Registering the establishment of the enterprise or contributing capital to the enterprise in accordance with the enterprise law;
b) The capital contributor shall submit the dossier specified in Clause 3 of this Article and carry out the procedures for adjustment of the investment project as prescribed in Clauses 5 and 6 of this Article. The transfer of ownership of capital contributed assets of members and shareholders to enterprises shall comply with the provisions of the enterprise law and relevant laws.
For an investment project whose investment guidelines have been approved and the capital contribution changes the contents of the decision on approval for investment guidelines in one of the cases specified in Clause 3, Article 41 of the Law on Investment, the capital contributor shall submit 08 sets of dossier specified in Clause 3 of this Article to the Ministry of Planning and Investment or 04 sets the dossier specified in Clause 3 of this Article to the investment registration authority for carrying out procedures for project adjustment according to the corresponding provisions in Articles 44, 45 and 46 of this Decree.
In case of contributing a part of the land use rights and land-attached assets other than those specified in Clause 3, Article 41 of the Law on Investment, the capital contributor is not required to carry out the procedures for approving the adjustment of investment guidelines.
For an investment project that has been granted an investment registration certificate and is not subject to approval for investment guidelines or has been approved for investment guidelines but does not fall into the cases specified in Clause 3, Article 41 of the Law on Investment, in case the capital contribution changes the contents of the investment registration certificate,  the capital contributor shall submit 01 set of dossier specified in Clause 3 of this Article to the investment registration authority to carry out the procedures for project adjustment according to the corresponding provisions in Article 47 of this Decree.
In case of establishment of an economic organization to implement an investment project for which investment guidelines have been approved or an investment registration certificate has been granted, the investor and such economic organization must satisfy the conditions specified in Clause 2 of this Article. Economic organizations established by investors may inherit the rights and obligations to implement investment projects of such investors. Investors establishing economic organizations shall carry out procedures for adjustment of investment projects according to the corresponding provisions in Clauses 5 or 6 of this Article.
Article 53. Adjustment of investment projects in case of use of land use rights and land-attached assets under investment projects for business cooperation
Investors may use land use rights and land-attached assets under investment projects for business cooperation.
The business cooperation specified 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 as prescribed by relevant laws (if any).
The investor engaged in business cooperation as prescribed in Clause 1 of this Article shall make a dossier of adjustment of the investment project, 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) Copies of documents on the legal status of the parties to the business cooperation;
dd) A copy of the investment registration certificate or the decision on approval for investment guidelines, the decision on approval of the investor (if any) of the investor to use the land use rights and land-attached assets of the investment project for business cooperation;
e) A copy of one of the following papers: Certificate of land use rights, certificate of ownership of houses and residential land use rights, certificate of land use rights, ownership of houses and other land-attached assets;
g) A copy of one of the following documents of the parties to the business cooperation: financial statements of the last 02 years or the investor’s equity audit report, the parent company’s commitment to provide financial support, the financial support commitment of the financial institution,  guarantee on the financial capacity of the investor, documents explaining the financial capacity of the investor.
Procedures for using land use rights and land-attached assets under investment projects for business cooperation shall be carried out as follows:
a) In case the business cooperation changes the contents of the investment registration certificate, the decision on approval of the investor or the contents of the decision on approval for investment guidelines in one of the cases specified in Clause 3, Article 41 of the Law on Investment,  the investor shall submit 08 sets of dossier specified in Clause 3 of this Article to the Ministry of Planning and Investment or 04 sets of dossier specified in Clause 3 of this Article to the investment registration authority for carrying out procedures for adjustment of the investment project according to the corresponding provisions of Article 44,  45, 46 and 47 of this Decree;
b) In case the business cooperation does not change the contents of the investment registration certificate, the decision on approval of the investor or the contents of the decision on approval for investment guidelines in one of the cases specified in Clause 3, Article 41 of the Law on Investment,  Investors who use land use rights and land-attached assets for business cooperation are not required to carry out procedures for adjustment of investment projects as prescribed at Point a of this Clause.
For business cooperation contracts signed between foreign investors or between domestic investors and foreign investors, investors who use land use rights and land-attached assets under investment projects for business cooperation shall carry out procedures for adjustment of investment projects according to the corresponding provisions of Articles 44,  45 and 46 of this Decree in case the business cooperation changes the contents of the decision on approval for investment guidelines in one of the cases specified in Clause 3, Article 41 of the Law on Investment and adjustment of the investment registration certificate according to the provisions of Article 47 of this Decree. In case such 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 as prescribed in this Decree.
Article 54. Adjustment of investment projects according to court and arbitration judgments and decisions
For an investment project subject to adjustment under an effective judgment or decision of a court or arbitration, the investor shall base itself on such judgment or decision to adjust and continue to implement the investment project.
An investor whose investment project is subject to adjustment under the provisions of Clause 1 of this Article shall make 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 legal status of the investor;
c) Legally effective judgments or decisions of courts or arbitrators;
d) A copy of the investment registration certificate; Decision on approval of investment guidelines; Decision on investor approval (if any).
For investment projects for which investment guidelines have been approved, the procedures for project adjustment shall comply with the following provisions:
a) The investor whose investment project is subject to adjustment under a legally effective judgment or decision of the court or arbitrator shall submit 01 set of dossier specified in Clause 2 of this Article to the Ministry of Planning and Investment or the investment registration authority corresponding to the competence to approve the investment policy of the project;
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 or arbitrator, submit to the agency competent to approve the investment guidelines for adjustment of the decision on approval for investment guidelines. 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 agency approving the investment guidelines shall adjust the decision on approval for investment guidelines.
Based on the decision on approval for adjustment of investment guidelines, the investor-approving agency shall adjust the decision on investor approval (if any), and the investment registration authority shall adjust the investment registration certificate (if any). The decision on approval for adjustment of investment guidelines, the decision on approval for adjustment of the investor or the adjusted investment registration certificate shall be sent to the court or arbitrator that has issued the judgment or decision, the judgment enforcement agency and sent to the investor.
For an investment project that has been granted an investment registration certificate and is not subject to approval for investment guidelines or a project that has been approved for investment guidelines but does not fall into the cases specified in Clause 3, Article 41 of the Law on Investment, the procedures for project adjustment shall comply with the following provisions:
a) The investor whose investment project must be adjusted according to the legally effective judgment or decision of the court or arbitrator shall submit 01 set of dossier specified in Clause 2 of this Article to the investment registration authority;
b) Within 05 working days from the date of receipt of the dossier, the investment registration authority shall, based on the legally effective judgment or decision of the court or arbitrator, carry out the procedures for adjustment of the investment registration certificate. The adjusted investment registration certificate shall be sent to the court, the arbitrator who has issued the judgment or decision, the judgment enforcement agency and the investor.
In case the investor fails to carry out the procedures for adjustment of the investment project according to the legally effective judgment or decision of the court or arbitrator, the civil judgment enforcement agency, organizations and individuals with interests and obligations related to such investment project may request the competent state agency to approve the investment policy or The investment registration agency shall carry out the procedures for adjustment of the investment project according to the corresponding provisions in Clauses 3 and 4 of this Article.
Article 55. Adjustment and extension of operation duration of investment projects
The investor may adjust the operation duration 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 adjustment of the operation duration of the investment project according to the corresponding provisions in Articles 44,  45, 46 and 47 of this Decree.
Procedures for extension of the operation duration of an investment project as prescribed in Clause 4, Article 27 of this Decree are carried out as follows:
a) For an investment project for which the investment guidelines have been approved, the investor shall submit 04 sets of dossier to the Ministry of Planning and Investment or the investment registration authority corresponding to the competence to approve the investment policy of the project.

The dossier includes: A written request for extension of the operation duration of the investment project; Decision on approval of investment guidelines; Investment Registration Certificate; Decision on approval of the investor or a document of equivalent legal validity; Land use right certificates or papers of equivalent legal validity; Documents proving the investor’s financial capacity include one of the following documents: Financial statements of the investor’s last 02 years; commitment to financial support of the parent company; financial support commitments of financial institutions; guarantee on the financial capacity of investors; other documents proving the financial capacity of the investor;

b) Within 03 working days from the date of receipt of the 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 relevant agencies for comments on the satisfaction of the conditions specified in Clause 4, Article 44 of the Law on Investment and Clause 4, Article 27 of this Decree;
c) Within 10 days from the date of receipt of a valid dossier, the consulted agency shall give its opinion on the satisfaction of the conditions specified in Clause 4, Article 44 of the Law on Investment and Clause 4, Article 27 of this Decree;
d) Within 15 days from the date of receipt of a valid dossier, the Ministry of Planning and Investment and the investment registration agency shall consider the conditions for extension of the operation duration of the investment project specified in Clause 4, Article 44 of the Law on Investment and Clause 4, Article 27 of this Decree to make an appraisal report and submit it to the policy-approving agency invest;
dd) Within 03 working days from the date of receipt of the report of the Ministry of Planning and Investment, the investment registration agency or the agency approving investment guidelines shall decide to extend the operation duration of the investment project;
e) For an investment project that has been granted an investment registration certificate and is not subject to approval for investment guidelines, the investor shall submit 04 sets of dossier as prescribed at Point a of this Clause to the investment registration authority. The investment registration agency shall carry out the procedures according to the corresponding provisions at Points b, c, d and dd of this Clause to extend the operation duration of the investment project.
For investment projects using land, within at least 06 months before the expiration of the operation duration of the investment project, the investor shall carry out the procedures for extending the operation duration of the investment project as prescribed in Clause 2 of this Article.

Section 5. PROCEDURES FOR SUSPENSION OR TERMINATION OF OPERATION OF INVESTMENT PROJECTS
Article 56. Conditions and procedures for suspension of operation of investment projects
The investment project shall cease operation in the cases specified in Clauses 1, 2 and 3, Article 47 of the Law on Investment.
The total suspension period of the investment project shall not exceed 12 months. In case of suspension of operation of an investment project under a court judgment or decision, an effective arbitral award or a decision of a state management agency in charge of investment, the duration of suspension of operation of the investment project shall be determined according to the judgment,  court decisions, arbitral awards or decisions of state management agencies in charge of investment. In case these documents do not determine the suspension time of the investment project, the total suspension time must not exceed the time specified in this Clause.
The suspension of operation of an investment project shall comply with the following procedures:
a) In case of self-termination of 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 the decision. The investment registration agency shall receive and notify the suspension of the operation of the investment project to the relevant agencies;
b) In case the state management agency in charge of investment decides to terminate the operation of the investment project, such agency shall base itself on the opinions of competent state agencies in the cases specified in Clause 2, Article 47 of the Law on Investment to decide to stop the whole or part of the operation of the investment project and notify the relevant agencies and investors. The state management agency in charge of investment or the competent agency in charge of the domains specified at Points a, b, c and dd, Clause 2, Article 47 of the Law on Investment shall make a record before deciding to suspend or partially suspend the operation of the investment project. For the suspension of operation of an investment project under a court judgment or decision or an arbitral award, the state management agency in charge of investment shall, on the basis of the legally effective judgment or decision of the court or the arbitral award, decide to stop the whole or part of the investment project;
c) For investment projects that cause harm or are likely to cause harm to national defense and security, provincial-level People’s Committees 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; assessment of impacts or risks of impacts of the project on national defense and security; to propose the suspension of all or part of the operation of the investment project. Based on the proposals of provincial-level People’s Committees, the Ministry of Planning and Investment shall consult the Ministry of National Defense and the Ministry of Public Security for submission to the Prime Minister for decision on the suspension of all or part of the operation of the investment project.
Article 57. Conditions and procedures for termination of operation of an investment project
An investment project shall terminate its operation in the cases specified in Clauses 1 and 2, Article 48 of the Law on Investment.
The termination of the operation of an investment project shall comply with the following procedures:
a) In case the investor decides to terminate the operation of the investment project under the provisions of 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 investment registration authority within 15 days from the date of the decision.  enclosed with the Investment Registration Certificate (if any);
b) In case of termination of operation of the investment project under the conditions specified in the contract or charter of the enterprise or the expiration of the operation duration of the investment project as prescribed at Points b and c, Clause 1, Article 48 of the Law on Investment, the investor shall notify and return the investment registration certificate (if any) to the registry investment within 15 days from the date of termination of operation of the investment project, enclosed with a copy of the document recording the termination of operation of the investment project. The investment registration authority shall notify the termination of the operation of the investment project to the relevant agencies;
c) In case of termination of the operation of the 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 for the investment project granted the investment registration certificate. The investment registration certificate shall cease to be effective from the effective date of the decision on termination of operation of the investment project.
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 shall continue to be valid.
In case the 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 contents in the investment certificate (also the business registration certificate); the content of the investment project continues to take effect.
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 as prescribed at Point c, Clause 2 of this Article.
In case of termination of operation of an investment project under the provisions of 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 the investment project. In case of termination of operation of an investment project under the provisions of 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 issuance of a decision on land recovery.
In case the investor or the investment registration authority decides to terminate 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 execute the part of the project that is not terminated.  and at the same time carry out procedures for adjustment of investment projects according to the corresponding provisions in Articles 44, 45, 46 and 47 of this Decree.
In case of termination of operation of the investment project and the termination of the operation of the economic organization at the same time, the investment project shall terminate its operation according to the provisions of this Article and the investor shall carry out the procedures for terminating the operation of the economic organization in accordance with the provisions of law corresponding to each type of economic organization.
After an investment project terminates its operation, the liquidation of an investment project shall be carried out as follows:
a) The investor shall liquidate the investment project by itself in accordance with the law on asset liquidation;
b) For an investment project that is allocated or leased land or permitted to change the land use purpose by the State, the handling of land use rights and land-attached assets shall comply with the provisions of the land law and relevant laws;
c) In the course of liquidation of an investment project, if an investor being an economic organization is dissolved or falls into bankruptcy, the liquidation of the investment project shall comply with the law on dissolution and bankruptcy of an economic organization.
Article 58. Termination of the operation of the investment project in case the investment registration authority cannot contact the investor
In case the investment project ceases to operate and the investment registration authority cannot contact the investor or the investor’s lawful representative, the investment registration agency shall carry out the following procedures:
a) Making a record of the cessation of operation of the investment project and failing to contact the investor;
b) Send a written request for the investor to contact the investment registration authority to settle the termination of the operation of the investment project to the address registered by the investor with the investment registration authority. Within 30 days from the date of sending the document as prescribed in this Point, if the investor fails to contact him, 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 commune-level People’s Committee of the locality where the investor resides (for domestic investors being individuals), the diplomatic mission in Vietnam of the country of which the investor holds nationality (for foreign investors) and at the same time post a notice requesting the investor to contact with the investment registration authority to settle the termination of the operation of the investment project within 90 days on the National Investment Portal.
After taking the measures specified in Clause 1 of this Article and expiring 12 months from the date the investment project ceases operation, the investment registration authority shall decide to terminate the operation of the investment project.
The management of assets of an investment project after the investment registration authority decides to terminate its operation shall comply with the provisions of civil law on management of assets of persons absent from their places of residence.
Within the scope 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 whose operation is terminated under the provisions of this Article at the request of a competent state agency or a person with related rights and interests, unless otherwise provided for by law;
b) Tax and customs offices shall take measures in accordance with the law on tax administration and relevant laws to recover tax debts and other financial obligations of investors to the State (if any);
c) The state management agency in charge of land shall recover land and handle land-attached assets in case the investment project is subject to land recovery in accordance with the land law;
d) The state management agency in charge of labor shall propose and guide support for employees who have lost their jobs and settle relevant regimes in accordance with the labor law;
dd) Other competent state agencies shall perform the state management of investment projects within the scope of their functions and competence as prescribed by law.
All requests or disputes between investors and individuals and organizations regarding rights and obligations related to investment projects specified in this Article shall be settled at courts or arbitrations according to the agreement between the parties and the provisions of Vietnamese law.
Article 59. Termination of the operation of the investment project in case the investor conducts investment activities on the basis of a sham civil transaction in accordance with the civil law
The investment registration authority shall decide to terminate the whole or part of the operation of the investment project in case the investor conducts investment activities on the basis of a sham civil transaction determined in accordance with the provisions of the civil law, on the basis of the judgment or  the effective decision of the Court or the award of the arbitrator.
The investment registration authority, relevant agencies, organizations and individuals have the right to request the competent court to declare the civil transaction invalid due to artificiality in the course of the implementation of the investor’s investment project as a basis for terminating the whole or part of the operation of the investment project.
The order and procedures for termination of operation of an investment project shall comply with the provisions of Article 57 of this Decree.
Article 60. Termination of operation of investment projects under court judgments, decisions, arbitral awards
Based on legally effective court judgments or decisions or arbitral awards on the termination of the whole or part of the operation of the investment project, the investment registration authority shall carry out the procedures for terminating the operation of the investment project according to the provisions of Article 57 of this Decree.
Section 6. A NUMBER OF REGULATIONS ON INVESTMENT ACTIVITIES IN INDUSTRIAL PARKS, EXPORT PROCESSING ZONES, HI-TECH PARKS AND ECONOMIC ZONES
Article 61. Investment in the construction and commercial operation of infrastructure of industrial parks, export processing zones, hi-tech parks and economic zones
Investment in the construction and business of infrastructure of industrial parks and export processing zones must be consistent with the planning on construction of industrial parks and export processing zones already approved by competent authorities.
For areas with difficult socio-economic conditions, based on the specific conditions of the localities, the provincial-level People’s Committees shall submit to the Prime Minister for decision the establishment or assign revenue-generating non-business units to act as investors in investment projects on construction and commercial operation of industrial park infrastructure.  export processing zones.
3. Investors executing investment projects on construction and commercial operation of infrastructure facilities of industrial parks, export processing zones, hi-tech parks and functional zones in economic zones may carry out the following activities:
a) Construction of workshops, offices, warehouses and yards for sale or lease;
b) Valuation of land lease and sublease prices of land on which technical infrastructure has been built; infrastructure use charges; rental prices, selling prices of factories, offices, warehouses and other service charges as prescribed by law and register with the management boards of industrial parks, export processing zones, hi-tech parks and economic zones on price brackets and infrastructure use charges. The registration of the price bracket and infrastructure use charges shall be carried out every 06 months or in case there is a different adjustment compared to the registered price bracket and infrastructure use charges;
c) Collection of infrastructure use charges;
d) Transferring land use rights, leasing land and subleasing land for which technical infrastructure has been built in industrial parks, export processing zones, hi-tech parks and functional areas in economic zones to other investors in accordance with the law on land and the law on real estate business;
dd) Other activities as prescribed by the Law on Investment, this Decree, the Government’s regulations on industrial parks, export processing zones, hi-tech parks, economic zones and relevant laws.
Article 62. Implementation of investment projects in industrial parks, export processing zones, hi-tech parks and economic zones
For investment projects in industrial parks, export processing zones, hi-tech parks and economic zones, investors may carry out the following activities:
Renting or buying factories, offices, warehouses that have been built to serve production and business activities.
Paid use of technical infrastructure works, service works, including road systems, electricity supply, water supply, drainage, communications, wastewater and wastewater treatment and other public service and utility works (collectively referred to as infrastructure use charges).
Transfer and receipt of transfer of land use rights, land lease or sublease of land on which technical infrastructure has been built for the construction of factories, offices and other works in service of production and business in accordance with the law on land and the law on real estate business.
To lease or sublease factories, offices, warehouses and other works built to serve production and business in accordance with the law on land and the law on real estate business.
Other activities in accordance with the Law on Investment, this Decree, the Government’s regulations on industrial parks, export processing zones, hi-tech parks, economic zones and relevant laws.

Chapter V: ESTABLISHMENT OF ECONOMIC ORGANIZATIONS AND IMPLEMENTATION OF INVESTMENT ACTIVITIES BY FOREIGN INVESTORS

Article 63. Establishment of economic organizations of foreign investors
Except for the case specified in Article 67 of this Decree, a foreign investor establishes an economic organization and implements an investment project according to the following procedures:
a) In case of implementation of a new investment project, the foreign investor shall carry out procedures for approval of investment guidelines, issuance of investment registration certificates for new investment projects and carry out procedures for establishment of economic organizations in accordance with the provisions of law corresponding to each type of economic organization;
b) In case of transfer of an investment project and establishment of an economic organization, the foreign investor shall carry out procedures for issuance of an investment registration certificate (in case such project is not granted an investment registration certificate) or adjustment of the investment registration certificate (in case such project has been granted an investment registration certificate and carry out procedures for establishing economic organizations in accordance with the provisions of law corresponding to each type of economic organization.
Dossiers, order and procedures for establishment of economic organizations shall comply with the provisions of the law on enterprises or other laws corresponding to each type of economic organization.
The charter capital of an economic organization established by a foreign investor to implement 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 business investment activities of foreign-invested economic organizations
1. In case of implementation of a new investment project other than the one for which the investment registration certificate has been granted, the foreign-invested economic organization shall carry out the following procedures:
a) The economic organization specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment shall carry out the procedures for approval of investment guidelines and issuance of investment registration certificates as prescribed in this Decree;
b) Economic organizations other than those specified at Point a of this Clause shall comply with the reporting regime as prescribed in Clause 5, Article 72 of the Law on Investment. The contents of the report include: Name of the investment project, investment objectives, investment scale, investment capital, location, operation duration, implementation schedule, labor demand, investment incentives (if any).
2. Foreign-invested economic organizations are entitled to adjust enterprise registration contents at business registration agencies without necessarily having investment projects. The addition of business lines of foreign-invested economic organizations must be consistent with the market access conditions of foreign investors (if any).
3. Foreign-invested economic organizations may set up branches, representative offices or business locations outside their head offices without necessarily having investment projects. Dossiers, 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 law corresponding to each type of economic organization.
4. When investing in and trading securities on the securities market, foreign investors and foreign-invested economic organizations must comply with the provisions of the securities law on investment procedures and charter capital ownership ratio, unless otherwise provided for by international treaties on investment.
Article 65. Conditions and principles for implementation of investment activities in the form of capital contribution, purchase of shares, purchase of contributed capital
Domestic investors who invest in capital contribution, purchase of shares or purchase of contributed capital in economic organizations established in Vietnam shall comply with the conditions and procedures specified in the Law on Enterprises and corresponding laws applicable to each type of economic organization.
The capital contribution, purchase of shares and purchase of contributed capital on the securities market shall comply with the provisions of the law on securities.
Enterprises in which the state holds 100% of the charter capital and the representative of the state capital invested in the enterprise must comply with the conditions and procedures prescribed by the law on management and use of state capital invested in production and business at the enterprise; the law on management and use of public property and other relevant laws when carrying out investment activities in the form of capital contribution, purchase of shares, purchase of contributed capital of economic organizations or transfer of contributed capital or shares to other organizations or individuals.
Foreign investors contributing capital, purchasing shares, or purchasing capital contributions in economic organizations 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, purchasing shares or purchasing capital contributions in economic organizations established in Vietnam as prescribed in Clause 3, Article 9 of the Law on Investment and Articles 15, 16 and 17 of this Decree;
b) Conditions on assurance of national defense and security and land use conditions for economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions in case such economic organizations have certificates of land use rights on islands or communes,  border wards and townships 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.
Foreign organizations and individuals that receive shares or capital contributions in economic organizations established in Vietnam through contracts of exchange, donation or other ownership transfer contracts as prescribed by law or through inheritance must satisfy the conditions specified in Clause 4 of this Article and carry out procedures as prescribed for investors foreign investment in the form of capital contribution, purchase of shares, purchase of contributed capital.
Article 66. Procedures for carrying out investment activities in the form of capital contribution, purchase of shares, purchase of contributed capital for foreign investors
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, purchase of shares or purchase of contributed capital shall carry out procedures for registration of change of members or shareholders at the business registration authority in accordance with the law on enterprises and other laws corresponding to each type of economic organization.
An economic organization with foreign investors investing in capital contribution, purchase of shares or purchase of contributed capital in the case specified in Clause 2, Article 26 of the Law on Investment shall submit 01 set of dossier for registration of capital contribution, purchase of shares or purchase of contributed capital to the investment registration agency of the locality where the economic organization is headquartered. The dossier comprises:
a) A written registration of capital contribution, purchase of shares, or purchase of contributed capital shall contain the following contents: information on enterprise registration of the economic organization to which the foreign investor intends to contribute capital, purchase shares or purchase contributed capital; business lines; list of owners, members and founding shareholders, list of owners, members and shareholders who are foreign investors (if any); the percentage of charter capital ownership of foreign investors before and after capital contribution, purchase of shares, purchase of contributed capital to economic organizations; the expected transaction value of the contract for capital contribution, purchase of shares, purchase of contributed capital; information on investment projects of economic organizations (if any);
b) Copies of legal papers of individuals and organizations contributing capital, purchasing shares, purchasing contributed capital and economic organizations to which foreign investors contribute capital, purchase shares, or purchase contributed capital;
c) A written agreement in principle on capital contribution, purchase of shares, or purchase of contributed capital between the foreign investor and the economic organization to which the foreign investor contributes capital, purchases shares, or purchases the contributed capital or between the foreign investor and shareholders or members of such economic organization;
d) A copy of the certificate of land use rights of the economic organization in which the foreign investor contributes capital, purchases shares or purchases contributed capital (for the case specified at Point b, Clause 4, Article 65 of this Decree).
For the cases 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 investment registration authority shall consider the satisfaction of the conditions for capital contribution,  purchase of shares, purchase of contributed capital specified in Clause 2, Article 24 of the Law on Investment, Clause 4, Article 65 of this Decree and notify investors, except for the case specified in Clause 4 of this Article. Written notices shall be sent to foreign investors and economic organizations to which foreign investors contribute capital, purchase shares, or purchase capital contributions.
In case an economic organization has foreign investors contributing capital, purchasing shares, or purchasing contributed capital, having a certificate of land use rights in islands, communes, wards, border townships and coastal communes, wards and townships; in other areas affecting national defense and security, investment registration agencies shall carry out the following procedures:
a) Within 03 working days from the date of receipt of a valid dossier as prescribed in Clause 2 of this Article, the investment registration agency shall consult the Ministry of National Defense and the Ministry of Public Security on the satisfaction of the conditions specified at Point b, Clause 4, Article 65 of this Decree;
b) Within 07 working days from the date of receipt of 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 conditions for ensuring national defense and security for economic organizations to which foreign investors contribute capital,  purchase of shares, purchase of contributed capital; past the requested time limit without giving opinions, they shall be deemed to have agreed to the satisfaction of conditions for ensuring national defense and security for economic organizations in which foreign investors contribute capital, purchase shares or purchase capital contributions;
c) Within 15 days from the date of receipt of a valid dossier, the investment registration authority shall consider the satisfaction of the conditions for capital contribution, purchase of shares or purchase of contributed capital as prescribed in Clause 2, Article 24 of the Law on Investment, Clause 4, Article 65 of this Decree and based on the opinions of the Ministry of National Defense,  Ministry of Public Security to notify investors. Written notices shall be sent to foreign investors and economic organizations to which foreign investors contribute capital, purchase shares, or purchase capital contributions.
After the foreign investor is approved for capital contribution, purchase of shares or purchase of contributed capital as prescribed in Clauses 3 and 4 of this Article, the economic organization to which the foreign investor contributes capital, purchases shares or purchases contributed capital shall carry out procedures for change of membership.  shareholders at business registration agencies in accordance with the law on enterprises and other laws corresponding to each type of economic organization. The rights and obligations of foreign investors as members and shareholders of economic organizations are established upon completion of procedures for changing members and shareholders.
Article 67. Procedures for establishment, capital contribution, purchase of shares, purchase of capital in innovative start-up small and medium-sized enterprises, innovative start-up investment funds
In case of establishment of an innovative start-up small and medium-sized enterprise for the implementation of an investment project specified in Clause 8, Article 19 of this Decree or a capital contribution, purchase of shares, or purchase of contributed capital in an innovative start-up small and medium-sized enterprise implementing an investment project specified in Clause 8, Article 19 of this Decree,  foreign investors shall carry out the procedures as prescribed for domestic investors under the provisions of the Law on Enterprises without having to carry out the corresponding procedures specified in Articles 22 and 26 of the Law on Investment and Articles 63, 64, 65 and 66 of this Decree.
When establishing an enterprise for the sole purpose of managing an innovative start-up investment fund in Vietnam in accordance with the law on support for small and medium-sized enterprises or contributing capital to this fund, foreign investors shall carry out procedures in accordance with the corresponding provisions of the Law on Support for Small and Medium Enterprises without having to carry out the procedures specified in the Articles 22 and 26 of the Law on Investment and Articles 63, 64, 65 and 66 of this Decree.

CHAPTER VI: OUTWARD INVESTMENT ACTIVITIES

Section 1. GENERAL REGULATIONS
Article 68. Investors conducting outward investment activities
The enterprise is established and operates in accordance with the provisions of the Law on Enterprises and the Law on Investment.
Cooperatives and unions of cooperatives shall be established and operate in accordance with the provisions of the Law on Cooperatives.
Credit institutions are established and operate in accordance with the Law on Credit Institutions.
Business households shall register in accordance with the provisions of Vietnamese law.
Individuals with Vietnamese nationality, except for the case specified in Clause 2, Article 17 of the Law on Enterprises.
Other organizations shall make business investment in accordance with the provisions of Vietnamese law.
Article 69. Outward investment capital
Outward investment capital sources include money and other lawful assets of investors, including equity, loans in Vietnam transferred abroad, profits earned from outward investment projects retained for overseas investment activities.
Money and other lawful assets as prescribed in Clause 1 of this Article include:
a) Foreign currencies on accounts at licensed credit institutions or purchased at licensed credit institutions in accordance with law;
b) Vietnam dong in accordance with Vietnam’s law on foreign exchange management;
c) Machinery, equipment, supplies, raw materials, fuels, finished goods, semi-finished goods;
d) The value of intellectual property rights, technology, trademarks and rights to property;
dd) Shares, capital contributions and projects of investors that are swapped at economic organizations in Vietnam and overseas economic organizations as prescribed in Clause 4 of this Article;
e) Other lawful assets as prescribed by civil law.
Outward investment capital shall be used for capital contribution, loans to overseas economic organizations, payment for purchase of shares, purchase of contributed capital, performance of arising guarantee obligations (if any) for 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 remitted to the country, shall not be included in the capital transferred abroad.
Vietnamese investors may use their shares, contributed capital or investment projects in Vietnam to pay or swap for the purchase of shares, contributed capital or investment projects of overseas economic organizations. In this case, the Vietnamese investor shall carry out the procedures for issuance of the outward investment registration certificate first, then the foreign investor shall carry out investment procedures in Vietnam in accordance with the provisions of 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 the owner’s capital, excluding capital contributed to carry out investment activities in Vietnam. In case of using the additional contributed capital for outward investment, the investor shall first carry out the procedures for issuance of the outward investment registration certificate as prescribed in this Decree, then carry out the procedures for capital increase and full contribution of charter capital in Vietnam before transferring the investment capital abroad.
Article 71. Outward investment of state-owned enterprises
Conditions for investment decision, competence, process and procedures for investment decision and termination of investment in outward investment projects of state enterprises shall comply with the provisions of law on management and use of state capital invested in production,  business at the enterprise and other relevant legal provisions.
The representative agency shall decide on the outward investment policy and the policy on termination of outward investment in accordance with internal processes and regulations in accordance with its competence and tasks in accordance with the law on management and use of state capital invested in production,  business at the enterprise and other relevant legal provisions.
Responsibilities of the representative agency
a) 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 invested in enterprises and relevant laws;
b) Inspect and supervise outward investment activities; solve problems in the implementation of the provisions of the law on outward investment;
c/ To manage and supervise the use of state capital for outward investment in state enterprises, the state capital invested in enterprises under their management or in which they act as owners’ representatives; assessing the efficiency of using state capital invested in enterprises engaged in outward investment activities;
d) Implement the reporting regime related to outward investment under the management of such agencies as prescribed in Article 73 of the Law on Investment and send them to the Ministry of Planning and Investment.
Article 72. Conditions for conditional outward investment sectors and trades
For banking, insurance and securities industries specified at Points a, b and c, Clause 1, Article 54 of the Law on Investment, investors must meet the conditions prescribed by law in the fields of banking, insurance and securities and obtain written approval from competent agencies.
For the press, radio and television sectors and trades specified at Point d, Clause 1, Article 54 of the Law on Investment, the investor is an organization that has been licensed to conduct press, radio and television activities in Vietnam and is approved in writing by the Ministry of Information and Communications.
For real estate business lines specified at Point dd, Clause 1, Article 54 of the Law on Investment, the investor is an enterprise established under the Law on Enterprises.
Article 73. Documents determining the location of the overseas investment project
The following investment projects must have documents identifying the location of the investment project:
a) Projects subject to the approval of outward investment policies by the Prime Minister or the National Assembly;
b) Energy projects;
c) Projects on animal husbandry, cultivation, afforestation and aquaculture;
d) Mineral survey, exploration, exploitation and processing projects;
dd) Projects involving the construction of factories and establishments for production, processing and manufacturing;
e) Investment projects on construction of works and infrastructure; real estate investment and business projects, except for activities of providing services: real estate brokerage, real estate trading floor, real estate consultancy, real estate management.
The document identifying the location of the investment project is one of the following papers, including the location identification:
a) An investment license or an equivalent document of the host country or territory;
b) Decisions on land allocation or land lease issued by competent agencies or organizations in the countries or territories receiving investment;
c) Bidding-winning contracts, contractual contracts; land allocation or land lease contracts; investment and business cooperation contracts enclosed with documents proving the competence of the parties involved in the contract for the location;
d) An agreement in principle on land allocation, land lease, lease of business location, transfer of land use rights or land-attached assets; the business investment cooperation agreement enclosed with documents proving the authority of the relevant parties in the agreement for the location.
Article 74. Documents determining the form of outward investment
For outward investment activities in the form of overseas contracts 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 or other documents of equivalent value enclosed with documents on the legal status of the foreign partner.
For outward investment activities in the form of capital contribution, purchase of shares, 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 determining the capital contribution,  purchase of shares, purchase of contributed capital enclosed with documents on the legal status of the overseas economic organization to which the investor contributes capital, purchase shares or purchase of contributed capital.
For outward investment activities in other forms of investment in accordance with the law of the host country specified at Point dd, Clause 1, Article 52 of the Law on Investment, the investor shall submit documents determining such form of investment in accordance with the law of the country.  the territory receiving the investment.
Section 2. PROCEDURES FOR ISSUANCE AND ADJUSTMENT OF OUTWARD INVESTMENT REGISTRATION CERTIFICATES FOR PROJECTS SUBJECT TO APPROVAL FOR OUTWARD INVESTMENT GUIDELINES
Article 75. Dossiers for issuance of outward investment registration certificates for projects subject to approval for outward investment guidelines
Documents specified in Clause 1, Article 57 of the Law on Investment.
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 shall be enclosed with a document of the credit institution certifying the investor’s foreign currency account balance.
A document of the tax authority certifying the fulfillment of the investor’s tax payment obligation as prescribed in Clause 5, Article 60 of the Law on Investment.
Documents certifying the location of the overseas investment project, for the cases specified in Article 73 of this Decree.
Documents determining the form of outward investment, for the cases specified in Article 74 of this Decree.
A report on lending to an overseas economic organization includes the following contents: name of the borrower; total loan amount; purpose and conditions of the loan; disbursement plan; debt collection plan; measures to secure assets and methods of handling collateral (if any); plan on balancing foreign currency sources for lending; assess the financial capacity of the borrower; level of risk and expected risk prevention measures for loans in case of outward investment projects in which investors lend to overseas economic organizations for implementation of investment projects.
Documents determining the performance of guarantee obligations arising in case the outward investment project has the content that the investor guarantees a loan to an overseas economic organization for the implementation of the investment project.
Other relevant documents.
Article 76. Order and procedures for issuance of outward investment registration certificates for projects subject to approval for outward investment guidelines
The order and procedures for projects under the National Assembly’s competence to approve outward investment guidelines shall comply with the provisions of Article 57 of the Law on Investment and the Government’s separate regulations on the order and procedures for appraisal of projects of national importance.
The order and procedures for projects under the Prime Minister’s competence to approve outward investment guidelines are as follows:
a) The investor shall declare information about the dossier of application for an outward investment registration certificate on the National Investment Information System and submit 08 sets of dossier (including 01 set of original dossier) to the Ministry of Planning and Investment within the next 15 days. The dossier shall be received by the Ministry of Planning and Investment when there is a sufficient list of documents and quantity as prescribed;
b) Within 03 working days from the date of receipt of the dossier, the Ministry of Planning and Investment shall send the dossier 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 and the provincial People’s Committee.  the centrally-run city where the investor is headquartered or registers permanent residence;
c) Within 15 days from the date of receipt of the written request for opinions and dossiers, the consulted agencies must send their written opinions on the contents under their state management or the assigned contents 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 Law on Investment and submit it to the Prime Minister for consideration and approval of the outward investment policy;
dd) In the course of appraisal of the dossier, if there is any content that needs to be clarified, the Ministry of Planning and Investment shall notify the investor in writing. In case the project is not eligible for submission to the Prime Minister for consideration and approval of the outward investment policy, the Ministry of Planning and Investment shall notify the investor in writing of the refusal to grant the outward investment registration certificate;
e) Within 10 days from the date of receipt of the appraisal report of the Ministry of Planning and Investment, the Prime Minister shall issue a decision approving the outward investment policy according to the contents specified in Clause 8, Article 57 of the Law on Investment;
g) For outward investment projects of state enterprises, after the Prime Minister’s decision on approval of outward investment guidelines, competent agencies and organizations in accordance with the law on management and use of state capital invested in production,  doing business at enterprises that decide to invest abroad;
h) Within 05 working days from the date of receipt of the Prime Minister’s decision on approval for outward investment guidelines as prescribed at Point e of this Clause and the decision on outward investment as prescribed at Point g of this Clause, the Ministry of Planning and Investment shall issue an outward investment registration certificate to the investor.  in which the investment project code shall be recorded as prescribed in Article 37 of this Decree, and at the same time sent to the State Bank of Vietnam, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Labor, War Invalids and Social Affairs, line ministries and the People’s Committees of the provinces and centrally-run cities where the investors are headquartered or register their permanent residence.  the tax authority where the investor certifies the fulfillment of the tax payment obligation, the investor’s representative agency (if any);
i) In case the Prime Minister does not approve the outward investment policy, within 03 working days from the date of receipt of the written opinion of the Prime Minister, the Ministry of Planning and Investment shall send a written notice of refusal to grant the outward investment registration certificate and clearly state the reason to the investor.
Article 77. Dossiers, order and procedures for adjustment of outward investment registration certificates for projects subject to approval for outward investment guidelines
A dossier of adjustment of an outward investment registration certificate 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 adjusted contents;
c) Other relevant documents.
The order and procedures for adjustment of outward investment registration certificates for projects subject to approval for outward investment guidelines or approval for adjustment of outward investment guidelines by the National Assembly shall comply with the provisions of Article 57 of the Law on Investment and the Government’s separate regulations on the order and  procedures for appraisal of projects of national importance.
The order and procedures for adjustment of the outward investment registration certificate for projects under the Prime Minister’s competence to approve the guidelines or the adjustment of the guidelines are as follows:
a) The investor shall declare information about the dossier of request for adjustment of the outward investment registration certificate on the National Investment Information System and submit 08 sets of dossier (including 01 set of original dossier) to the Ministry of Planning and Investment within the next 15 days. The dossier shall be received by the Ministry of Planning and Investment when there is a sufficient list of documents and quantity as prescribed;
b) Within 03 working days from the date of receipt of the dossier, the Ministry of Planning and Investment shall send the dossier 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 and the provincial People’s Committee.  the centrally-run city where the investor is headquartered or registers permanent residence;
c) Within 15 days from the date of receipt of the written request for opinions and dossiers, the consulted agencies must send their written opinions on the contents under their state management or the assigned contents 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 of the investor’s request for adjustment corresponding to the provisions of Clause 3, Article 57 of the Law on Investment, and submit it to the Prime Minister for consideration and approval for approval of the outward investment policy or approval of the adjustment of the owner outward investment;
dd) In the course of appraisal of the dossier, if there is any content that needs to be clarified, the Ministry of Planning and Investment shall notify the investor in writing. In case the project is not eligible to be submitted to the Prime Minister for consideration and approval for approval of outward investment guidelines or approval for adjustment of outward investment guidelines, the Ministry of Planning and Investment shall notify investors in writing of the refusal to adjust the outward investment registration certificate outside;
e) Within 10 days from the date of receipt of the appraisal report of the Ministry of Planning and Investment, the Prime Minister shall approve the outward investment policy or the adjustment of the outward investment policy according to the contents specified in Clause 8, Article 57 of the Law on Investment;
g) For outward investment projects of state enterprises, after the issuance of the Decision on approval for outward investment guidelines or the Prime Minister’s decision on approval for adjustment of outward investment guidelines, competent agencies and organizations in accordance with the law on management,  use state capital invested in production and business at enterprises to decide on adjustment of outward investment activities;
h) Within 05 working days from the date of receipt of the Decision on approval for outward investment guidelines or the Prime Minister’s decision on approval for adjustment of outward investment guidelines as prescribed at Point e of this Clause and the decision on adjustment of outward investment activities as prescribed at Point g of this Clause,  The Ministry of Planning and Investment shall adjust the outward investment registration certificate and 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, line ministries and the People’s Committees of the provinces and centrally-run cities where the investors are headquartered or register their permanent residence.  the tax authority where the investor certifies the fulfillment of the tax payment obligation, the investor’s representative agency (if any);
i) In case the Prime Minister does not approve the outward investment policy or the adjustment of the outward investment policy, within 03 working days from the date of receipt of the Prime Minister’s written opinion, the Ministry of Planning and Investment shall issue a written notice of refusal to adjust the investment registration certificate and clearly state the reason for sending the investor.
Section 3. PROCEDURES FOR ISSUANCE AND ADJUSTMENT OF OUTWARD INVESTMENT REGISTRATION CERTIFICATES FOR PROJECTS NOT SUBJECT TO APPROVAL FOR OUTWARD INVESTMENT GUIDELINES
Article 78. Dossiers, order and procedures for issuance of outward investment registration certificates for projects not subject to approval for outward investment guidelines
A dossier for issuance of an outward investment registration certificate includes the following documents:
a) Documents specified in Clause 2, Article 61 of the Law on Investment;
b) For the 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 shall be enclosed with a document of the credit institution certifying the investor’s foreign currency account balance;
c) The tax authority’s document certifying the fulfillment of the investor’s tax payment obligation as prescribed in Clause 5, Article 60 of the Law on Investment;
d) Documents certifying the location of the overseas investment project, for the cases specified in Article 73 of this Decree;
dd) Documents determining the form of outward investment as prescribed in Article 74 of this Decree.
Order and procedures for issuance of outward investment registration certificates:
a) The investor shall declare information about the dossier of application for an outward investment registration certificate on the National Investment Information System and submit 03 sets of dossier (including 01 set of original dossier) to the Ministry of Planning and Investment within the next 15 days. The dossier shall be received by the Ministry of Planning and Investment when there is a sufficient list of documents and quantity as prescribed;
b) The Ministry of Planning and Investment shall examine the validity of the dossier. In case the dossier is invalid or contains contents that need to be clarified, the Ministry of Planning and Investment shall notify the investor in writing within 05 working days from the date of receipt of the dossier;
c) In case the capital in foreign currencies 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. Within 07 working days from the date of receipt of the written request for opinions, 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 being granted the outward investment registration certificate; the investor’s satisfaction of the conditions for money transfer as prescribed by law; loans, loans to overseas economic organizations, guarantees for overseas economic organizations and other related issues;
d) In case an outward investment project involves the investor lending to an overseas economic organization to carry out investment activities, after being granted an outward investment registration certificate, the investor must carry out procedures to be approved for outward lending in accordance with the law on foreign exchange;
dd) In case the outward investment project involves the press, radio and television industry, 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 request for comments, the Ministry of Information and Communications shall reply in writing to the Ministry of Planning and Investment;
e) Within 15 days from the date of receipt of a valid dossier, the Ministry of Planning and Investment shall issue an outward investment registration certificate, recording the investment project code as prescribed in Article 37 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, line ministries, the People’s Committees of provinces and centrally-run cities where the investors are headquartered or permanently registrated, the tax authorities where the fulfillment of the investor’s tax payment obligation is certified,  the investor’s representative agency (if any);
g) In case the dossier is invalid or fails to satisfy the conditions for issuance of the outward investment registration certificate, the Ministry of Planning and Investment shall send a written notice of refusal to grant the outward investment registration certificate clearly stating the reason to the investor.
Article 79. Dossiers, order and procedures for adjustment of outward investment registration certificates for projects not subject to approval for outward investment guidelines
A dossier of application for adjustment of the outward investment registration certificate comprises:
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 related to the adjusted contents;
c) Documents identifying the performance of guarantee obligations arising in case the outward investment project has the content that the investor guarantees the loan to the overseas economic organization for the implementation of the investment project.
Order and procedures for adjustment of outward investment registration certificates:
a) The investor shall declare information about the dossier of request for adjustment of the outward investment registration certificate on the National Investment Information System and submit 03 sets of dossier (including 01 set of original dossier) to the Ministry of Planning and Investment within the next 15 days. The dossier shall be received by the Ministry of Planning and Investment when there is a sufficient list of documents and quantity as prescribed;
b) The Ministry of Planning and Investment shall examine the validity of the dossier. In case the dossier is invalid or contains contents that need to be clarified, the Ministry of Planning and Investment shall notify the investor in writing within 05 working days from the date of receipt of the dossier;
c) In case the capital in foreign currencies 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. Within 07 working days from the date of receipt of the written request for comments, the State Bank of Vietnam shall send a written reply to the Ministry of Planning and Investment on the situation of capital transferred abroad; the investor’s satisfaction of the conditions for money transfer as prescribed by law; loans, loans to overseas economic organizations, guarantees for overseas economic organizations and other related issues;
d) In case an outward investment project involves the investor lending to an overseas economic organization or guaranteeing a loan to an overseas economic organization, the investor shall carry out procedures to obtain approval for the outward lending or perform the guarantee obligation arising in accordance with the law on foreign exchange;
dd) In case the outward investment project involves the press, radio and television industry, 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 request for comments, the Ministry of Information and Communications shall reply in writing to the Ministry of Planning and Investment;
e) Within 15 days from the date of receipt of a valid dossier, the Ministry of Planning and Investment shall adjust the outward investment registration certificate and 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,  line ministries, People’s Committees of provinces and centrally-run cities where investors are headquartered or permanently registered, tax authorities certifying the fulfillment of tax payment obligations of investors, investors’ representative agencies (if any);
g) In case the dossier is invalid or fails to meet the conditions, the Ministry of Planning and Investment shall send a written notice of refusal to adjust the outward investment registration certificate and clearly state the reason to the investor.
Order and procedures for updating information on outward investment projects on the National Investment Information System:
a) Within 01 month from the time the outward investment project has changed contents but is not subject to adjustment of the outward investment registration certificate as prescribed in Clause 2, Article 63 of the Law on Investment, the investor must access the granted account of the outward investment project on the System national information on investment and update such changes;
b) For the contents inscribed in the outward investment registration certificate which have 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 record such contents in the adjusted outward investment registration certificate when the investor performs the procedures continuing to adjust the outward investment registration certificate.
Article 80. Issuance and adjustment of online outward investment registration certificates
For dossiers of application for issuance or modification of outward investment registration certificates with an outward investment capital of less than VND 20 billion and not in sectors or trades subject to conditional outward investment, investors may choose to submit paper dossiers 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: using digital signatures or not using digital signatures.
Investment project codes, dossiers and procedures for issuance and adjustment of outward investment registration certificates 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 outward investment registration certificate
Procedures for re-issuance and correction of information on the outward investment registration certificate shall comply with the corresponding provisions in Article 41 of this Decree.
Section 4. IMPLEMENTATION OF INVESTMENT PROJECTS
Article 82. Remittance of investment capital abroad
Investors may transfer their investment capital abroad to carry out overseas investment activities under the provisions of Article 66 of the Law on Investment. Investors may transfer foreign currencies, goods, machinery and equipment abroad before being granted an outward investment registration certificate to meet expenses for the formation of investment projects, including: a) Market research and investment opportunities; b) Field surveys; c) Studying documents; d) Collect and purchase documents and information related to the selection of investment projects; dd) Synthesizing, evaluating and appraising, including the selection and hiring of consultants for assessment and appraisal of investment projects; e) Organizing scientific seminars and conferences; g) Establishment and operation of overseas liaison offices related to the formation of investment projects; h) Participating in international bidding, making deposits, deposits or other forms of financial guarantees, paying expenses and fees at the request of the bid solicitor, the host country or territory related to the conditions for participation in bidding and the execution of the investment project; i) Participating in mergers and acquisitions, deposits, escrows or other forms of financial guarantees, payment of expenses and fees at the request of the seller of the company or in accordance with the laws of the host country or territory; k) Contract negotiation; l) Purchase or lease of assets to support the formation of overseas investment projects. The transfer of foreign currency, goods, machinery and equipment abroad under the provisions of Clause 2 of this Article shall comply with the provisions of law on foreign exchange, export, customs and technology. The foreign currency remittance limit specified in Clause 2 of this Article shall not exceed 5% of the total outward investment capital and not exceed USD 300,000, which shall be included in the total outward investment capital, unless otherwise prescribed by the Government. The State Bank of Vietnam shall provide detailed guidance on foreign exchange management for the remittance of foreign currencies abroad for the performance of activities specified in this Article. The transfer of capital by machinery, equipment and goods abroad and from abroad to Vietnam for the implementation of outward investment projects must carry out customs procedures in accordance with the provisions of the customs law. The Ministry of Finance shall provide detailed guidance on the transfer of machinery, equipment and goods abroad to carry out the activities specified in this Article.
Article 83. Implementation of the regime of reporting on outward investment
After being granted an outward investment registration certificate, investors are granted an account to access the National Investment Information System to implement the periodic reporting regime as prescribed.
The investor shall send a report on the operation of the outward investment project as prescribed in Clauses 3, 4 and 5, Article 73 of the Law on Investment; at the same time, manage their accounts and update complete, timely and accurate information into the National Investment Information System.
In case there is a discrepancy 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.
Handling measures for cases where investors fail to comply with the reporting regime as prescribed:
a) The Ministry of Planning and Investment shall issue a written reminder if the violation is committed for the first time;
b) Sanctioning administrative violations in accordance with the law on administrative sanctions in the field of planning and investment;
c) Publicize violations on the National Investment Information System, the website of the Ministry of Planning and Investment and other mass media.
Article 84. Financial obligations
The investor shall be responsible for fully fulfilling financial obligations related to the outward investment project to the State of Vietnam in accordance with the tax law.
Investors being state-owned enterprises shall be responsible for fully fulfilling financial obligations related to outward investment projects to the State of Vietnam in accordance with the law on taxation, the law on management and use of state capital invested in production,  doing business at the enterprise.
The exemption of export duty and import tax on capital in goods, machinery and equipment transferred abroad for investment activities and transferred from abroad to Vietnam shall comply with the provisions of law on export and import duties.
Article 85. Sending Vietnamese workers to work in overseas investment projects
Investors are only allowed to send Vietnamese laborers to work in their investment projects abroad in accordance with the labor law of Vietnam and the host countries and territories.
Investors must fully carry out procedures for sending Vietnamese workers to work for overseas investment projects; ensuring the legitimate rights and interests of overseas Vietnamese workers; be responsible for solving problems arising in sending Vietnamese workers to work for overseas investment projects in accordance with the law on Vietnamese workers working abroad under contracts and other relevant regulations.
Article 86. Termination of outward investment activities
Immediately after the completion of investment activities, the investor must liquidate the investment project in accordance with the provisions of the law of the country or territory receiving the investment.
Within 06 months from the date of issuance of the tax finalization report or a document of equivalent legal validity in accordance with the law of the country or territory receiving the investment related to the completion of the liquidation of the investment project, the investor must repatriate all revenues from the liquidation of the investment project.
In case of wishing to extend the time limit specified in Clause 2 of this Article, at least 15 days before the expiration date, the investor must make a written request clearly stating the reason and send it to the Ministry of Planning and Investment for consideration and decision. The extension shall be made no more than once and not more than 06 months. Within 15 days from the date of receipt of the investor’s written request, the Ministry of Planning and Investment shall reply in writing to the investor the extension of the time limit for repatriation of all revenues from the liquidation of the investment project.
Within 60 days from the date of completion of the liquidation of the overseas investment project and the repatriation of all revenues from the liquidation of the investment project (if any), the investor shall carry out procedures for invalidation of the outward investment registration certificate as prescribed in Article 87 of this Decree.

Article 87. Dossiers, order and procedures for invalidation of outward investment registration certificates

The investor shall submit 02 sets of dossiers of request for invalidation of the outward investment registration certificate (including 01 set of original dossier), including the following documents: a) A written request for invalidation of the outward investment registration certificate; b) The originals of the issued outward investment registration certificates; c) The decision on termination of the overseas investment project corresponding to the provisions of Article 59 of the Law on Investment; d) Documents proving that the investor has completed the completion or liquidation of the project and transferred all money, assets and revenues from the completion and liquidation of the project to the home country as prescribed in Article 86 of this Decree; dd) Documents on the legal status of the investor. The Ministry of Planning and Investment shall check the validity of the dossier. In case the dossier is invalid or has contents that need to be clarified, the Ministry of Planning and Investment shall notify the investor in writing to complete the dossier. The Ministry of Planning and Investment shall send a dossier to the State Bank of Vietnam for comments on the foreign exchange transaction situation of investors; the investor’s observance of the law on foreign exchange, violations and handling of violations under its 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 invalidate and revoke the outward investment registration certificate and send it to the investor, 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, line ministries, People’s Committees of provinces and centrally-run cities where investors are headquartered or permanently registrated, tax authorities where they certify the fulfillment of the investor’s tax payment obligations,  the investor’s representative agency (if any). In case of termination of an outward investment project under 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 terminating the project, the investor must notify the State Bank of Vietnam. In case of termination of an offshore investment project according to regulations specified at Point dd, Clause 1, Article 64 of the Law on Investment, if the investor fails to carry out the procedures for invalidation of the outward investment registration certificate, the Ministry of Planning and Investment shall, based on the Law on Investment and this Decree, invalidate the outward investment registration certificate and send it to the investor and other agencies relevant state management. After the outward investment registration certificate is terminated, if the investor wishes to continue implementing the outward investment project, it must carry out the procedures for issuance of the outward investment certificate in accordance with the provisions of the Law on Investment and this Decree. For projects subject to approval for outward investment guidelines,  The investor or agency deciding on the outward investment shall terminate the project and report to the agency or person competent to approve the outward investment policy.

CHAPTER VII: INVESTMENT PROMOTION

Article 88. Contents of investment promotion activities

Research potentials, markets, trends, and investment partners.
Building images, propagating, promoting and introducing the environment, policies, potentials, opportunities and investment connections.
Support, guide and facilitate investment activities.
To build information systems and databases in service of investment promotion activities.
Develop a list of projects to attract investment.
Develop publications and documents for investment promotion activities.
Training, training and capacity building on investment promotion.
Domestic and international cooperation on investment promotion.
Article 89. Investment promotion methods
Investment promotion activities shall be carried out by the following modes: a) Collecting information, synthesizing, researching and formulating schemes, reports and documents; building information systems and databases in service of investment promotion activities; building portals and websites on investment promotion; b) Organizing survey and research delegations at home and abroad; investment promotion delegations according to each specific topic or partner; c) Organizing investment promotion forums, conferences, seminars and seminars 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 domestic and foreign mass media; g) Provide information and guide investors in carrying out investment procedures and investment-related administrative procedures; h) Synthesize proposals and recommendations of investors and support the removal of difficulties and obstacles in the course of implementation of investment and business activities. 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 and suitability to the domestic, international, territorial, local context and specific conditions at each given time;
b) Balance the contents, time, duration, schedule, composition of the promotion team and funding for investment promotion activities in accordance with the requirements and implementation practices.
The Ministry of Planning and Investment is the focal point for assisting the Government in uniformly coordinating investment promotion activities. The Ministry of Planning and Investment shall:
a/ To guide ministries, ministerial-level agencies and provincial-level People’s Committees in formulating annual promotion programs in conformity with investment promotion plans and national investment promotion programs;
b) Coordinate the formulation and implementation of the national investment promotion program;
c/ To guide and coordinate investment promotion programs of ministries, ministerial-level agencies and provincial-level People’s Committees.
Ministries, ministerial-level agencies and provincial-level People’s Committees shall:
a) Coordinate the implementation of investment promotion programs of their units;
b) Propose 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 Investment Promotion Information System.
Article 91. Investment Promotion Agency
The Ministry of Planning and Investment is the agency assisting the Government in the state management of investment promotion activities nationwide.
Ministries and sectors shall assign focal points to carry out investment promotion activities according to their functions and competence.
The Department of Planning and Investment shall act as the focal point to assist the provincial-level People’s Committee in the state management of investment promotion.
Depending on specific needs and conditions, provincial-level People’s Committees shall set up investment promotion agencies or divisions in their organizational structure and shall be responsible for arranging material foundations, working conditions, payrolls and operating funds. In case of establishment of an investment promotion agency affiliated to a provincial-level People’s Committee, it 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 law.
Focal point for overseas investment promotion:
a) Overseas investment promotion focal points are affiliated to 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 on the payroll in an area, an investment promotion division shall be established under an overseas Vietnamese representative mission;
c) The focal point for overseas investment promotion is subject to the professional direction of the Ministry of Planning and Investment and the comprehensive direction of Vietnam’s representative missions abroad.
Article 92. National Investment Promotion Program
The national investment promotion program is a collection of national-scale, inter-regional and inter-sectoral investment promotion activities implemented by ministries and provincial-level People’s Committees with the state budget.
Formulation of national investment promotion programs:
a) The national investment promotion program shall be formulated annually. The Ministry of Planning and Investment shall be the focal point for formulating the National Investment Promotion Program on the basis of synthesizing proposals of the presiding agency;
b) Before May 30, the presiding agency shall send a proposal for the implementation of the national investment promotion program of the following year to the Ministry of Planning and Investment in writing and on the National Investment Promotion Information System. Proposals submitted after this time limit shall be included in the National Investment Promotion Program of the following year;
c) Before June 30, the Ministry of Planning and Investment shall notify the presiding agency of the requirements for adjustment and supplementation (if any) in writing and on the National Investment Promotion Information System;
d) Before July 15, the agency in charge of implementing the requests for adjustment and supplementation (if any) shall send them to the Ministry of Planning and Investment in writing and on the National Investment Promotion Information System;
dd) Before August 30, the Ministry of Planning and Investment shall send to the Ministry of Finance the tentative National Investment Promotion Program of the following year for comments on the budget expenditure estimates;
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 following year and send it in writing to the presiding agencies and on the National Investment Promotion Information System;
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 the task of implementing investment promotion activities with the presiding agency; advance, payment and settlement of support funds according to signed contracts.
Adjustment of the National Investment Promotion Program:
a) In case of request for adjustment of operations in the approved national investment promotion program, the presiding agency shall send a request to the Ministry of Planning and Investment in writing and on the National Investment Promotion Information System, clearly stating the reasons and proposing the adjustment plan;
b) Within 15 days after receiving the request of the presiding 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 Investment Promotion Information System.
The Ministry of Planning and Investment shall prescribe the system of forms for 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
Guidance on formulation of investment promotion programs:
a) The Ministry of Planning and Investment shall formulate investment promotion plans in each period of socio-economic development in order 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 in formulating annual investment promotion programs.
Formulation of investment promotion programs:
a) Before May 30, ministries, ministerial-level agencies and provincial-level People’s Committees shall send the tentative investment promotion program of the following year to the Ministry of Planning and Investment in writing and on the National Investment Promotion Information System. The tentative investment promotion programs sent after this time limit shall be summarized into the investment promotion programs of the following year;
b) Before July 30, the Ministry of Planning and Investment shall give opinions 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 National Investment Promotion Information System;
c) Before August 30, on the basis of reaching agreement with the Ministry of Planning and Investment, ministries, ministerial-level agencies and provincial-level People’s Committees, 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 Investment Promotion Information System.
Based on the implementation of investment promotion programs 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 adjustment of investment promotion programs; notify the Ministry of Planning and Investment in writing and on the National Investment Promotion Information System.
The Ministry of Planning and Investment shall prescribe the system of forms for formulation and adjustment of investment promotion programs of ministries, ministerial-level agencies and provincial-level People’s Committees.
Article 94. Investment promotion in high-level state external activities
For high-level state external activities involving investment promotion activities, the presiding agency shall coordinate with the Ministry of Planning and Investment, the Ministry of Foreign Affairs and relevant agencies in formulating investment promotion plans.
The presiding agency shall organize the implementation of investment promotion activities according to the plan agreed upon with the Ministry of Planning and Investment, the Ministry of Foreign Affairs or the agency assigned to act as the focal point for organizing high-level external activities of the State.
Ministries, provincial-level People’s Committees, agencies, organizations and individuals participating in investment promotion activities within the framework of high-level state external activities shall:
a) Comply with regulations, rules, requirements and guidance of the presiding agency, the Ministry of Planning and Investment, the Ministry of Foreign Affairs and the Ministry of Public Security or the focal point for organizing high-level state external activities;
b) Appoint representatives to attend the right subjects and compositions and take full responsibility for the appointment of representatives.
Article 95. Coordination between investment promotion and trade, tourism and economic diplomacy promotion
Ministries, ministerial-level agencies and provincial-level People’s Committees shall assume the prime responsibility for implementing activities of joint investment promotion with trade or tourism or economic diplomacy or with the above-mentioned activities must coordinate and reach agreement with the Ministry of Planning and Investment on investment promotion contents in the process of formulating programs and organizations implement.
Coordination content:
a) Notify the plan to organize mixed trade, tourism and economic diplomacy promotion activities related to investment promotion to the Ministry of Planning and Investment 07 days in writing and via the national investment promotion information system;
b) Reach an agreement with the Ministry of Planning and Investment on investment promotion contents in mixed investment, trade, tourism and economic diplomacy promotion activities.
Article 96. Investment promotion activities not funded by the state budget
Investment promotion activities not funded by 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.
Agencies, organizations, enterprises and individuals carrying out overseas investment promotion activities must comply with the provisions of foreign law and Vietnamese law.
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 to the Department of Planning and Investment at least 15 days after completion. The notification before and after the organization of investment promotion activities shall be made in writing and on the National Investment Promotion Information System.
Article 97. Funding for investment promotion activities
Funding for investment promotion activities shall be allocated from the following sources:
a) State budget;
b) Contributions of participating organizations and enterprises;
c) Funding from domestic and foreign organizations and individuals;
d) Other lawful funding sources as prescribed by law.
Formulation and allocation of state budget budget estimates for investment promotion activities for investment promotion activities of ministries and ministerial-level agencies:
a) Ministries and ministerial-level agencies shall sum up funding estimates for investment promotion activities after reaching agreement with the Ministry of Planning and Investment together with annual budget plans of ministries, ministerial-level agencies and government-attached agencies and send them 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 on investment promotion activities, the Ministry of Finance shall consider approving and allocating in the annual budget expenditure estimates of ministries and ministerial-level agencies.  agencies attached to the Government to carry out investment promotion activities;
c) Ministries and ministerial-level agencies shall, based on the Ministry of Finance’s assigned estimates, allocate detailed estimates to their attached units to carry out investment promotion activities.
For investment promotion activities of provincial-level People’s Committees, based on the written opinions on the uniform implementation of investment promotion activities of the Ministry of Planning and Investment, provincial-level People’s Committees shall base themselves on the balancing capacity of local budgets to assign tasks and allocate funds to units performing activities investment promotion. Funds for investment promotion activities shall be allocated in the annual local budget estimates.
For investment promotion activities arising unexpectedly under the work programs of the State leaders and the Government, on the basis of reaching agreement with the Ministry of Planning and Investment, the agencies in charge of formulating budget estimates and funding proposals shall be sent to the Ministry of Finance for consideration.  decisions in accordance with the Law on the State Budget.
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 annual budget budget estimate plans.

Chapter VIII: STATE MANAGEMENT OF INVESTMENT

Section 1. TASKS AND POWERS OF MINISTRIES, MINISTERIAL-LEVEL AGENCIES, PROVINCIAL-LEVEL PEOPLE’S COMMITTEES AND RELEVANT AGENCIES
Article 98. State management of investment activities in Vietnam
The Ministry of Planning and Investment shall assist the Government in performing the unified state management of investment in Vietnam; perform the tasks and powers of state management of investment activities as prescribed in Clause 2, Article 69 of the Law on Investment and other tasks and powers as prescribed in this Decree and assigned by the Government and the Prime Minister.
Ministries and ministerial-level agencies shall perform the tasks and powers of state management of 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 giving opinions on matters related to the finance of the investment project; government guarantee for investment projects subject to investment policy approval by the National Assembly or 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, guiding and inspecting the implementation of regulations on investment activities in the field of science and technology; appraise and give opinions on issues related to science and technology of investment projects under the competence to approve investment guidelines of the National Assembly and the Prime Minister;
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, guiding and inspecting the implementation of regulations on investment activities related 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, formulate, promulgate or submit to competent authorities for promulgation documents identifying areas affecting national defense and security in accordance with the Law on Investment, this Decree and the law on national defense and security; give opinions on the satisfaction of requirements for national defense and security assurance under 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 and 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 competence to approve investment guidelines 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.
Tasks and powers of provincial-level People’s Committees:
a) Formulate plans to attract investment capital sources; formulate and announce the list of projects attracting investment in the locality;
b) Manage, supervise, guide and solve problems in the course of implementation of investment activities in localities according to their functions and competence;
c) Direct, guide, supervise and inspect the performance of tasks of investment registration agencies in granting investment registration certificates and managing investment activities in localities;
d) Direct investment registration agencies, business registration agencies and state management agencies in charge of land, environment and construction to carry out joint procedures to create favorable conditions for investors in the process of carrying out investment activities;
dd) Perform the tasks and exercise the powers specified 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
The Ministry of Planning and Investment shall perform the tasks and powers of state management of outward investment activities under the provisions of Clause 2, Article 69 of the Law on Investment and other tasks and powers specified in this Decree.
Tasks and powers of the Ministry of Finance:
a) Give opinions on dossiers of application for approval for outward investment guidelines of projects under the competence of the National Assembly or the Prime Minister on financial, tax and customs matters; to 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) Monitoring the fulfillment of financial obligations of investors towards the Vietnamese state budget; summarize and evaluate the efficiency of outward investment of state-owned enterprises in accordance with law;
c) Implement the regime of reporting on the fulfillment of financial obligations of investors to the State of Vietnam; synthesize and evaluate the efficiency of use of state capital invested in outward investment enterprises and the state management of outward investment activities in accordance with the provisions of Article 73 of the Law on Investment.
Tasks and powers of the State Bank of Vietnam:
a) Promulgate according to its competence or submit to competent authorities for promulgation promulgation provisions of law, mechanisms and policies on lending activities for outward investment, foreign exchange management, related to outward investment activities;
b) Examine, inspect and supervise according to its competence the remittance of money from Vietnam to abroad and from abroad to Vietnam related to outward investment projects;
c/ To act as the focal point in coordinating with ministries and branches in formulating and submitting to competent authorities for promulgation regulations guiding, order and procedures for consideration and approval for economic organizations to provide loans abroad or guarantees for non-residents;
d) Implement the regime of reporting on the situation of foreign currency remittance from Vietnam to abroad (before and after the issuance of the outward investment registration certificate) and the situation of foreign currency remittance from abroad to Vietnam related to outward investment projects as prescribed in Article 73 of the Law on Investment.
Tasks and powers of the Ministry of Foreign Affairs:
a/ To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and concerned ministries and sectors in, formulating and promulgating according to its competence or submitting to competent authorities for promulgation the provisions of law, support mechanisms of overseas Vietnamese representative missions and protection of rights and  legitimate interests of Vietnamese investors in the host countries and territories;
b) Give opinions on the outward investment project dossier at the request of the Prime Minister or the Ministry of Planning and Investment;
c) Direct overseas Vietnamese representative missions to coordinate with relevant focal agencies in monitoring and supporting investment activities of Vietnamese investors in the host countries and territories when necessary; to assist the Ministry of Planning and Investment and competent agencies in verifying information related to investment activities of Vietnamese investors in their management areas upon request;
d) Implement the regime of reporting on the situation of support of overseas Vietnamese representative missions for Vietnam’s investment activities in the host countries and territories as prescribed in Article 73 of the Law on Investment.
Tasks 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 sectors in, formulating and promulgating according to its competence or submitting to competent authorities for promulgation provisions of law, mechanisms and policies on trade, industry and energy related to outward investment activities;
b) Examine, inspect and supervise according to its competence commercial, industrial and energy activities related to outward investment activities;
c) Implement the regime of reporting on the situation of outward investment in the fields of trade, industry and energy as prescribed in Article 73 of the Law on Investment.
Tasks 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 laborers related to outward investment activities;
b) Give opinions on issues in the field of labor related to outward investment activities at the request of the Prime Minister or the Ministry of Planning and Investment;
c) Examine, inspect and supervise according to its competence the sending of Vietnamese laborers abroad to work in overseas investment projects;
d) Implement the regime of reporting on the situation of sending Vietnamese workers abroad to work in overseas investment projects as prescribed in Article 73 of the Law on Investment.
Tasks 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 other tasks and exercise the powers specified in this Decree and relevant laws;
b) Give opinions on issues in the assigned state management domains related to outward investment activities at the request of the Prime Minister or the Ministry of Planning and Investment;
c) Examining, inspecting and supervising according to its competence matters in the domains under its assigned state management related to outward investment activities;
d) Implement the reporting regime related to outward investment under its management as prescribed in Article 73 of the Law on Investment.
Tasks and powers of overseas Vietnamese representative missions:
a) Overseas Vietnamese representative missions shall coordinate with relevant agencies in capturing information and assisting Vietnamese investors in business investment activities and the observance of legal provisions of the host countries and territories; protect the legitimate rights and interests of overseas Vietnamese investors; support, create conditions 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 Overseas Representative Missions of the Socialist Republic of Vietnam; to assist the Ministry of Planning and Investment and competent agencies in verifying information related to business investment activities of Vietnamese investors in the areas under their management upon request;
b) Annually or irregularly upon request, report on the situation of support of overseas Vietnamese representative missions for Vietnam’s investment activities in the localities under their management to the Ministry of Foreign Affairs for summarization and reporting to the Ministry of Planning and Investment as prescribed.
Article 100. Tasks and powers of investment promotion agencies
Tasks 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, formulating 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; synthesizing, formulating and implementing the National Investment Promotion Program;
b/ To guide the implementation of the regime of information and reporting on investment promotion activities;
c) Carry out investment promotion activities under the investment promotion program specified at Point a of this Clause;
d) Monitor, synthesize and assess the situation of investment promotion and supervise and inspect the effectiveness of investment promotion activities;
dd) Coordinate with the Ministry of Foreign Affairs and the Ministry of Home Affairs in submitting to the Prime Minister the placement and appointment of overseas investment promotion focal points; state management of investment promotion for overseas investment promotion focal points;
e) Organize training and training on investment promotion;
g) Periodically report to the Prime Minister on the situation and orientation of investment promotion activities.
Tasks and powers of the Ministry of Finance:
a/ To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment in, guiding the norms on the use of funds from the state budget and the regulations on financial management of investment promotion activities;
b) Coordinate 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, investment promotion programs of 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 the state budget for investment promotion activities of overseas investment promotion sections;
d) 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, settling difficulties and problems related to the allocation and use of funds from the state budget for investment promotion activities;
dd) Guide the estimation, 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 expenses for registration of the national investment promotion information system.
Tasks and powers of the Ministry of Foreign Affairs:
a) Coordinate 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 external affairs;
b) To support and participate in overseas investment promotion activities already approved under the notice of the Ministry of Planning and Investment; in case of new investment promotion activities, overseas Vietnamese representative missions shall notify and reach agreement 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 payroll of overseas investment promotion focal points;
dd) At the request of the Ministry of Planning and Investment, decide on the appointment of diplomatic posts and appoint officials to work at overseas investment promotion focal points;
e) Arrange material foundations, means of transportation, working conditions and operating funds suitable for overseas investment promotion focal points.
Tasks and powers of ministries, ministerial-level agencies and provincial-level People’s Committees:
a) Assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and relevant ministries and ministerial-level agencies in, formulating annual investment promotion programs and plans; proposing activities to be included in the National Investment Promotion Program;
b) Carry out investment promotion activities according to its competence;
c) Coordinate with ministries, ministerial-level agencies and provincial-level People’s Committees in investment promotion activities.
Section 2. REGIME OF REPORTING ON INVESTMENT ACTIVITIES, INVESTMENT PROMOTION AND OPERATION OF THE NATIONAL INVESTMENT INFORMATION SYSTEM
Article 101. Contents of reports and reporting periods of state management agencies in charge of investment
The investment registration agency shall report to the provincial-level People’s Committee the following contents:
a) Quarterly reports shall be made before the 15th day of the first month of the quarter following the reporting quarter, including the following contents: Assessment of the receipt of dossiers, issuance, adjustment and revocation of investment registration certificates and operation of investment projects;
b) The annual report shall be made before April 10 of the year following the reporting year, including the following contents: Assessment of the investment situation for the whole year, the expected plan to attract and disburse investment capital of the following year, and the list of investment projects that investors are interested in.
On a quarterly and annual basis, provincial-level People’s Committees shall sum up reports of investment registration agencies under their management and report to the Ministry of Planning and Investment according to the report contents specified in Clause 1 of this Article after 05 working days from the end of the reporting time limit of investment registration agencies.
State management agencies shall provide information to the Ministry of Planning and Investment according to the following regulations:
a) The Ministry of Finance shall quarterly provide information on the issuance, adjustment and revocation of investment registration certificates or other papers of equivalent value for insurance enterprises and securities companies; annually summarize the annual financial statements of foreign-invested economic organizations nationwide in order to report on indicators on the situation of exports and imports, financial situation and remittances to the state budget of foreign-invested economic organizations. The time of quarterly reporting before the 12th of the first month of the quarter following the reporting quarter, the annual report before May 31 of the year following the reporting year;
b) The Ministry of Industry and Trade shall quarterly report on the grant, adjustment and termination of operation and operation results of foreign investment projects in the field of oil and gas exploration and exploitation in Vietnam. The time of reporting is before the 15th of the first month of the quarter following the reporting quarter;
c) The Ministry of Justice: Quarterly report on the grant, adjustment, termination and operation results of branches and law firms. The time of reporting 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 allocation, adjustment and termination of operation and operation results of commercial presences of foreign financial companies and credit institutions in Vietnam. The time of reporting 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: Annually report on the registration and licensing of foreign workers at foreign-invested economic organizations. The time of reporting is before April 15 of the year following the reporting year;
e) The Ministry of Science and Technology: Annually report on the technology transfer of foreign-invested economic organizations. The time of reporting is before April 15 of the year following the reporting year;
g) Provincial-level 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 by foreign-invested economic organizations. The time of reporting is before April 15 of the year following the reporting year.
The Ministry of Planning and Investment shall annually summarize and report to the Prime Minister on the investment situation nationwide under the provisions of Point dd, Clause 2, Article 72 of the Law on Investment.
Article 102. Contents of reports and reporting periods of economic organizations executing investment projects
The economic organization executing the investment project shall report to the investment registration agency and the state management agency in charge of statistics in the locality.
2. Quarterly reports shall be made before the 10th day of the first month of the quarter following the reporting quarter, including the following contents: Realized investment capital, net revenue, exports, imports, labor, taxes and budget remittances, land and water surface use.
3. Annual reports shall be made before March 31 of the following year of the reporting year, including the targets of the quarterly report and the indicators of profits and incomes of laborers, expenditures and investments for scientific research and technological development, environmental treatment and protection, etc  origin of the technology used.
Article 103. Contents of the report and investment promotion reporting period
Ministries and provincial-level People’s Committees shall monitor the progress, summarize and report on the implementation of investment promotion activities under the national investment promotion program; investment promotion programs of their branches and localities on: implementation results, level of completion and annual funding before January 31 of the following year.
The Ministry of Planning and Investment shall be 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
Reports on investment projects:
a) The economic organization executing the investment project shall send online reports through the National Investment Information System;
b) The investment registration agency shall send a written and online report on the National Investment Information System.
Report on investment promotion:
a) Ministries and provincial-level People’s Committees shall send written reports to the Ministry of Planning and Investment and online reports on the National Investment Promotion Information System;
b) Agencies in charge of investment promotion activities shall send online reports through the National Investment Promotion Information System.
The Ministry of Planning and Investment shall prescribe the system of forms and urge and inspect the implementation of the reporting regime under the provisions of this Decree.
Article 105. Mechanism for coordination in management and operation of the National Investment Information System
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 use of the National Investment Information System.
Ministries, sectors and provincial-level People’s Committees shall be 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 Law on Investment, this Decree and other relevant regulations.
The investment registration agency shall use the National Investment Information System to perform operations related to the receipt, issuance, adjustment and revocation of investment registration certificates; monitor, supervise and evaluate the implementation of investment projects; implement the regime of investment reporting and guide economic organizations implementing investment projects using the National Investment Information System in accordance with the provisions of this Decree.
The agency managing and operating the National Investment Information System and the National Enterprise Registration Information System shall exchange information on the situation of enterprise registration of foreign-invested economic organizations, the situation of capital contribution, etc  purchase of shares and contributed capital of foreign investors when carrying out the procedures specified in Articles 63 and 66 of this Decree, investment conditions applicable to foreign investors, List of conditional business lines and business investment conditions as prescribed.
The agency managing and operating the National Investment Promotion Information System shall have to synthesize information on the situation of investment promotion nationwide; organize the exploitation, provision of information and support for agencies, organizations and enterprises to carry out investment promotion and connection activities.
Economic organizations executing investment projects shall be granted accounts to access the national investment information system to implement the regime of periodic reporting as prescribed.
7. The Ministry of Planning and Investment shall provide detailed guidance on the management, operation, exploitation and use of the National Investment Information System.

Chapter IX: IMPLEMENTATION PROVISIONS

Section 1. AMENDING AND SUPPLEMENTING A NUMBER OF DECREES RELATED TO BUSINESS INVESTMENT
Article 106. Amending and supplementing a number of articles of the Government’s Decree No. 46/2014/ND-CP dated May 15, 2014 on the collection of land rents and water surface rents
Amending and supplementing a number of articles of the Government’s Decree No. 46/2014/ND-CP dated May 15, 2014 on the collection of land rents and water surface rents (amended and supplemented by the Government’s Decree No. 135/2016/ND-CP dated September 09, 2016 amending,  supplementing a number of articles of Decrees regulating the collection of land use levies, land rents and water surface rents, the Government’s Decree No. 35/2017/ND-CP dated April 03, 2017 regulating the collection of land use levies, land rents and water surface rents in economic zones,  hi-tech parks, and the Government’s Decree No. 123/2017/ND-CP dated November 14, 2017 amending and supplementing a number of articles of the Decrees regulating the collection of land use levies, land rents and water surface rents) as follows:
Clause 4 is added 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 exemption from land rent and water surface rent shall not exceed 1.5 times the duration of exemption of land rent 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.”.
Clause 2 is added 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 on the land rent reduction rate not exceeding 1.5 times the land rent reduction rate specified at Point a, Clause 1 of this Article.”.

Article 107. Amending and supplementing a number of articles of the Government’s Decree No. 52/2020/ND-CP dated April 27, 2020 on investment in construction and business of golf courses

Article 10 is amended as follows:

“Article 10. Order and procedures for approval of investment guidelines, issuance of investment registration certificates, approval of investors, adjustment of golf course projects

The competence, dossiers, order and procedures for approval of investment guidelines, approval of investors, issuance of investment registration certificates, adjustment of investment projects on construction and business of golf courses shall comply with the provisions of the law on investment and this Decree.
Proposals for investment projects on construction and operation of golf courses include contents in accordance with the law on investment and this Decree, including explanations of the satisfaction of the principles and conditions specified in Articles 3, 5, 6, 7 and 8 of this Decree.
The contents of the appraisal of the request for approval of the investment guideline, the appraisal of the adjustment of the investment project on construction and business of the golf course shall comply with the provisions of the law on investment and this Decree, including the assessment of the satisfaction of the principles,  conditions specified in Articles 3, 5, 6, 7 and 8 of this Decree.”.
To annul Clause 2 of Article 13 and Clauses 3 and 4 of Article 14.
Clause 4 of Article 16 is amended as follows:

“4. To approve investment guidelines for golf course projects under its competence in accordance with the law on investment; synthesize and evaluate 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, 2020 detailing the implementation of a number of articles of the Law on Bidding on investor selection

Point b, Clause 1, Article 1 is 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; head offices, working offices; commercial and service works;”.
Clause 4 of Article 4 is amended as follows:
“4. For a project with a preliminary total project implementation cost (excluding compensation, support, resettlement, land use levy and land rent) of VND 800,000,000,000 (eight hundred billion) or more, apart from the posting of 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 website of the provincial-level People’s Committee (if any).
The provisions of this Clause do not apply to projects in sectors and trades that have not yet been granted market access to foreign investors in accordance with the law on investment.”.
Point a, Clause 2, Article 10 is amended as follows:
“a) Projects in sectors and trades that have not yet been granted market access to foreign investors in accordance with the law on investment;”.
Article 11 is amended as follows:

“Article 11. Conditions for determination of land-using investment projects

An investment project using land must select an investor under the provisions of this Decree when it satisfies the following conditions: It belongs to the projects specified at Point b, Clause 1, Article 1 of this Decree but does not use public investment capital for the construction of works. Projects on construction of urban areas, commercial housing; working office headquarters; commercial and service works are classified in accordance with the law on construction. In case the project has many functions, the investment project using land shall be determined on the basis of the main work of the project or the main work of the highest level in case the project has many main works in accordance with the law on construction. On the list of projects requiring land recovery approved in accordance with the land law, belonging to land areas under the management and use of the State, which will be allocated or leased land to approved investors by the provincial-level People’s Committees or economic zone management boards. It belongs to housing development programs and plans in accordance with the law on housing; urban development programs (if any) in accordance with the law on urban development. In accordance with the socio-economic development plan, the construction planning has a scale of 1/2,000 or 1/500 (if any) or the urban zoning planning has a scale of 1/2,000 or 1/5,000 as prescribed by law. Failing to meet the conditions for organizing land use right auctions in accordance with the land law. Not falling into the cases specified at Point b, Clause 4, Article 22 and Article 26 of the Bidding Law.”. Article 12 is amended as follows: “Article 12. List of investment projects using landThe projects specified in Article 11 of this Decree shall be summarized into the list of investment projects using land, specifically as follows:
a) For projects subject to approval for investment guidelines in accordance with the law on investment,  The decision on approval of the investment policy is also a written decision approving the list of investment projects using land. Based on the decision on approval for investment guidelines 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 the investor’s capacity and experience, and report to the provincial-level People’s Committee for approval before announcing the list of projects. For projects implemented in economic zones, the economic zone management boards shall determine and approve the preliminary requirements on the investor’s capacity and experience before announcing the list of projects. b) For projects not subject to approval for investment guidelines in accordance with 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. Making a list of investment projects using land for projects not subject to approval for investment guidelines in accordance with the law on investment: a) In case the project is organized by a specialized agency of the provincial-level People’s Committee or an agency attached to the provincial-level People’s Committee,  District-level People’s Committees shall formulate: Specialized agencies of provincial-level People’s Committees, agencies attached to provincial-level People’s Committees and district-level People’s Committees shall formulate proposals for land-using investment projects and send them to provincial-level Planning and Investment Departments for synthesis. The proposed content includes: project name; investment objectives; investment scale; preliminary total cost of project implementation and investment capital; capital mobilization plan; investment duration and schedule; information on the current status of land use at the project implementation location, expected land use demand (if any); land use purposes; approved planning targets; the language in which the project list is published; analysis of the socio-economic efficiency of the project, assurance of national defense, security and sustainable development of the investment project and preliminary requirements on the investor’s capacity and experience. b) In case the project is proposed by the investor: The investor is proposed to implement the investment project using land outside the list of investment projects with the use of land use approved by the Chairman of the provincial-level People’s Committee. The investor shall make a project proposal dossier and send it to the Department of Planning and Investment for synthesis. The dossier of proposal shall include the following contents: – A written request for implementation of an investment project using land, including a commitment to bear all expenses and risks if the dossier of project proposal is not approved;- Contents of the investment project proposal include: name of the project; investment objectives; investment scale; preliminary total cost of project implementation and investment capital; capital mobilization plan; investment duration and schedule; analyze the socio-economic efficiency of the project, ensure national defense, security and sustainable development of the investment project;- Propose the expected land use demand; information on the current status of land use at the project implementation site (if any); land use purposes; approved planning criteria;- Documents on the legal status, capacity and experience of the investor;- Other necessary documents to explain the project proposal dossier (if any). Approval of 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 b, Clause 2 of this Article, the Department of Planning and Investment shall coordinate with relevant agencies in summarizing the list of investment projects using land; assess the full satisfaction of the conditions for determination of land-using investment projects specified in Article 11 of this Decree; determine the preliminary requirements on the capacity and experience of the investor, and report to the Chairman of the provincial-level People’s Committee. In case of necessity, the implementation time may be extended according to actual requirements. b) Within 10 days from the date of receipt of the report of the provincial-level Planning and Investment Department, the provincial-level People’s Committee president shall consider and approve the list of land-using investment projects.  including preliminary requirements on the capacity and experience of the investor.
Announcement of the list of projects: a) Based on the decision on approval for investment guidelines in accordance with 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 the economic zone) shall announce the list of projects as prescribed at Point c Clause 1 and Clause 4 of Article 4 and Clause 2 of Article 5 of this Decree. b) Contents of information disclosure: – Name of the project; investment objectives; investment scale; preliminary total cost of project implementation and investment capital; capital mobilization plan; duration and progress of investment; – Information on the current status of land use at the location of the project, the area of the land area for which the project is implemented; land use purposes; approved planning criteria;- Preliminary requirements on the capacity and experience of the investor;- Time limit for the investor to submit the project implementation registration dossier;- The investor submits the project implementation registration dossier on the National Bidding Network System;- Other information (if necessary).”. Article 13 is amended as follows:

“Article 13. Preparing, submitting and preliminary assessment of the investor’s capacity and experience
The investor is responsible for preparing and submitting the dossier of registration for project implementation on the National Procurement Network System based on the information disclosed under the provisions of Point b, Clause 4, Article 12 of this Decree. The investor’s dossier of registration for project implementation comprises: Written registration for project implementation; dossiers on the legal status, capacity and experience of the investor; other relevant documents (if any).
Upon the expiration of the project implementation registration period, 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 investors who have submitted dossiers of project implementation registration on the national procurement system.
Based on the results of the preliminary assessment of capacity and experience, the agencies specified in Clause 2 of this Article shall submit to the presidents of the provincial-level People’s Committees and the heads of the economic zone management boards (for projects implemented in economic zones) for decision on the organization of implementation in one of the cases specified in Clauses 4.  5 and 6 This.
In case there are two or more investors who meet the preliminary requirements on capacity and experience:
a) Presidents of provincial-level People’s Committees shall issue decisions on application of the form of open bidding as prescribed in Clause 1 or Clause 2, Article 10 of this Decree and assign specialized agencies of provincial-level People’s Committees, agencies affiliated to provincial-level People’s Committees,  The district-level People’s Committee is the bid solicitor.
b) The head of the economic zone management board 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 the unit attached to the economic zone management board to be the bid solicitor for projects implemented in the economic zone.
In case only one investor has registered and meets the preliminary requirements on capacity and experience or there are many investors registered but only one investor meets the preliminary requirements on capacity and experience, the procedures for investor approval shall be carried out in accordance with the law on investment.
6. Based on decisions and approvals of competent authorities specified in Clauses 4 and 5 of this Article, provincial-level Planning and Investment Departments or economic zone management boards (for projects implemented in economic zones) shall post the list of investors meeting the requirements on the national procurement network system or notify the completion of procedures for announcing the list projects in case there are no investors who meet the preliminary requirements on capacity and experience.”.
Article 16 is amended as follows:
a) Clause 1 is amended as follows:
“1. Selection of investors to implement projects under the provisions of 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 publicized on the National Procurement Network System as a basis for determining the number of interested investors and submitting dossiers of registration for project implementation.
b) In case there are two or more investors who meet the preliminary requirements on capacity and experience, the bidding organization shall apply the open bidding process, including:
– Preparing to select investors;
– Organizing the selection of investors;
– Evaluating technical proposal dossiers; appraise and approve the list of investors meeting technical requirements;
– Opening and evaluating dossiers of proposals on finance and trade;
– Submission, appraisal, approval and publicity of investor selection results;
– Negotiating, finalizing and signing contracts.
c) In case there is one investor who has registered and satisfies the preliminary requirements on capacity and experience or many investors register but only one investor meets the preliminary requirements on capacity and experience, carry out the procedures for investor approval in accordance with the law on investment.
d) In case there is no investor who meets the preliminary requirements on capacity and experience, the procedures for announcing the project list shall be completed.”;
b) Clause 3 is amended as follows:
“3. For projects specified at Point c, Clause 1, Article 1 of this Decree, based on the provisions of specialized laws, ministries, ministerial-level agencies and government-attached agencies shall promulgate regulations or submit to the Prime Minister for promulgation regulations on formulation, approval and announcement 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”.
Clause 1 of Article 59 is amended as follows:
“1. Principles of conclusion of contracts
a) The value of the bid-winning proposal (the proposed amount of money remitted to the state budget proposed by the bid-winning investor in the bidding dossier) is the value of signing the contract.
b) Expenses for project implementation, compensation, support and resettlement proposed by the bid-winning investor in the bid dossier shall be recorded in the contract; in case of changes in planning, policies and laws affecting these expenses, the provisions of law on investment, construction, land, planning, housing, real estate business and other relevant laws shall be complied with.
c) The payable land use levy and land rent shall be determined in accordance with the land law plus the amount paid to the state budget of the bid-winning investor shall be recognized as the market price at the time of land allocation or land lease in the contract.”.
Article 60 is amended as follows:
Replace the phrase “investor” with “bid-winning investor or project enterprise established by the bid-winning investor to implement the project”, “bid-winning investor” to “bid-winning investor or project enterprise established by the bid-winning investor to implement the project”.
Article 109. Amending and supplementing a number of articles of the Government’s Decree No. 96/2016/ND-CP dated July 1, 2016 stipulating conditions on security and order for a number of conditional business lines
Clause 10 of Article 3, Clause 7 of Article 6, Article 10 and Article 34 are annulled.
To annul the phrase “debt collection service business” 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, 2018 regulating the management of industrial parks and economic zones
To annul Clauses 2 and 3, Article 66 of the Government’s Decree No. 82/2018/ND-CP dated May 22, 2018 regulating the management of industrial parks and economic zones.
Article 111. Amending and supplementing a number of articles of the Government’s Decree No. 11/2013/ND-CP dated January 14, 2013 on management of urban development investment
Article 29 is amended as follows:
“Article 29. Collecting opinions on appraisal of proposals for approval of investment guidelines for investment projects on construction of urban areas
The approval of investment guidelines for urban area construction investment projects shall comply with the law on investment.
In the course of appraisal of urban area construction investment projects for approval of investment guidelines, the Ministry of Planning and Investment shall collect the Ministry of Construction’s appraisal opinions on the contents specified in Clauses 3 and 4 of this Article for projects falling under the Prime Minister’s competence to approve investment guidelines; the investment registration agency shall seek appraisal opinions from the Department of Construction on the contents specified in Clauses 3 and 4 of this Article for projects subject to the approval of investment guidelines by provincial-level People’s Committees.
Contents of appraisal opinions for investment projects on construction of urban areas with houses:
a) The contents of the appraisal opinion are the same as for the housing construction investment project in accordance with the law on housing;
b) Assessment of the conformity of the investment project with the urban development objectives and orientations in the urban development program approved by the competent authority (if any). In case the urban development program has not yet been approved by a competent authority, the conformity of the project with the urban development objectives and orientations in the approved general planning or provincial planning shall be assessed;
c) Consider the synchronization of the preliminary plan for investment phasing, the expected division of component projects (if any) and the preliminary plan for investment in construction and management of urban infrastructure inside and outside the scope of the project.
Contents of appraisal opinions for investment projects on construction of urban areas without houses:
a) Assessment of the conformity of the investment project with the detailed planning (if any) and zoning planning (if any). In case the detailed planning or zoning planning has not yet been approved by a competent authority, the conformity of the investment project with the general planning shall be assessed;
b) The contents specified at Points b and c, Clause 3 of this Article.”.
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. To amend and supplement a number of articles of Decree No. 99/2003/ND-CP of August 28, 2003 on the promulgation of regulations on hi-tech parks
Point e is added to Clause 1, Article 9 as follows:
“e) Implement scientific and technological strategies, plans and programs of the hi-tech park in order to develop hi-tech products of a number of key industries along the value chain.”.
Clause 1 of Article 10 is amended as follows:
“1. Hi-tech park enterprises are enterprises established in accordance with law and operating in hi-tech parks, including: infrastructure development enterprises, hi-tech enterprises, hi-tech service enterprises, hi-tech park development companies, people’s livelihood service enterprises and export processing enterprises.”.
Article 15a is supplemented as follows:
“Article 15a. Export processing enterprises in hi-tech parks
An export processing enterprise in a hi-tech park is an enterprise established and operating in an export processing zone of a hi-tech park or an enterprise specializing in the production of high-tech products for export.
In addition to investment incentives and supports under the provisions of this Decree, export processing enterprises in hi-tech parks may apply separate regulations to export processing enterprises operating in industrial parks and economic zones in accordance with the law on industrial parks.  economic zones.
In case an enterprise operating in a hi-tech industrial park or a hi-tech park satisfies the conditions on customs inspection and supervision, the regulations applicable to non-tariff zones and the law on import and export tax before the effective date of the Decree detailing and guiding the implementation of a number of articles of the Law on Investment shall be implemented shall be subject to the same regulations as for export processing enterprises operating in industrial parks and economic zones in accordance with the law on industrial parks and economic zones from the date the enterprise satisfies such conditions.”.
Clause 2 of Article 35 is amended as follows:
“2. Investment mobilization, investment management and construction
a) Formulate and organize the implementation of investment mobilization and promotion plans;
b) Grant, adjust and revoke investment registration certificates, decisions on approval for investment guidelines and exercise other competence of investment registration agencies in accordance with the Law on Investment and guiding documents;
c) Organize the selection of investors to implement the project according to the regulation on investor selection promulgated by the head of the hi-tech park management board on the basis of selection and application of articles and clauses of the law on bidding and other relevant laws. Investors are selected to carry out the procedures for investor approval as prescribed at Point d, Clause 7, Article 29 of the Decree detailing and guiding the implementation of the Law on Investment 2020, and are allocated or leased land by the Hi-tech Park Management Board in accordance with the land law and implement the project in accordance with the Decision on approval investment policy, Decision on investor approval;
d) Decide on group-B and group-C investment projects for investment items funded by the state budget capital under the authorization of the hi-tech park’s managing agency;
dd) Organize the construction and exploitation of construction works and technical infrastructure in hi-tech parks.
e) Cooperate with domestic and foreign organizations, enterprises and individuals in the fields related to investment in the construction and development of hi-tech parks;
g) Inspect, supervise and evaluate the implementation of the contents specified in the investment registration certificate and the decision on approval for investment guidelines of the investment project in the hi-tech park.”.
Article 113. Amending Decree No. 94/2020/ND-CP dated August 21, 2020 stipulating preferential mechanisms and policies for the National Innovation Center
Article 8 is amended as follows:
“Article 8. Receipt of support, aid, sponsorship, donation
The Center is entitled to receive non-refundable official development assistance (ODA) capital to perform irregular tasks in accordance with the law.
The Center is the recipient of non-refundable aid from foreign agencies, organizations and individuals to Vietnam.
Non-refundable aids to the Center are managed according to the mechanism of being lawful revenues of the Center, not state budget revenues.
The order and procedures for receipt, management and use of non-refundable aid to the Center shall comply with the provisions of law on management and use of non-refundable aid not included in official development assistance provided by foreign agencies, organizations and individuals to Vietnam. The Minister of Planning and Investment shall decide on the receipt of the Center’s non-refundable aid.
The Center may use the non-refundable aid specified in Clause 2 of this Article and donations and donations of domestic organizations and individuals (including interest on deposits of aid and sponsorships), for investment in the construction of material foundations, recurrent expenditures,  support the operation and management and operation of the Center.
The non-refundable aid that the Center is carrying out procedures for receiving at the time the Decree guiding the implementation of the Law on Investment 2020 takes effect shall be subject to the mechanism specified in this Article.”.
Section 2. TRANSITIONAL PROVISIONS
Article 114. Processing of valid dossiers submitted before the effective date of the Law on Investment
A valid dossier as prescribed in Clause 11, Article 77 of the Law on Investment comprises:
a) The dossier specified in Clause 11, Article 2 of the Government’s Decree No. 118/2015/ND-CP dated November 12, 2015 detailing and guiding the implementation of a number of articles of the Law on Investment (hereinafter referred to as Decree No. 118/2015/ND-CP) shall be approved by the Ministry of Planning and Investment,  the investment registration agency shall receive it as prescribed in Clause 1, Article 6 of Decree No. 118/2015/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, 2015 on outward investment.
2. Valid dossiers that have been received under the provisions of Clause 1 of this Article and have a deadline for settlement of administrative procedures before January 01, 2021 but have not yet been settled shall continue to be settled in accordance with the provisions of the Law on Investment 2014, except for the case specified in Article 115 of this Decree. In case the investor requests to carry out investment procedures under the Law on Investment and this Decree, it shall be settled in accordance with the provisions of the Law on Investment and this Decree.
3. An investment project has a valid dossier in the cases specified in Clauses 1 and 2 of this Article to carry out procedures for decision on investment guidelines or adjustment of investment guidelines by the Prime Minister in accordance with the 2014 Law on Investment, and is now subject to approval for investment guidelines by provincial-level People’s Committees under provisions of the Law on Investment shall be settled as follows:
a) In case the project has not been appraised by the Ministry of Planning and Investment as prescribed in Clause 5, Article 34 of the 2014 Law on Investment, the investment registration agency shall send a written instruction to the investor to carry out procedures for the project subject to approval for investment guidelines by the provincial-level People’s Committee in accordance with the Law on Investment and this Decree;
b) In case the project is being appraised by the Ministry of Planning and Investment as prescribed in Clause 5, Article 34 of the 2014 Law on Investment but the appraisal report has not yet been made and submitted to the Prime Minister for decision on investment guidelines or adjustment of investment guidelines, the Ministry of Planning and Investment shall send opinions on project appraisal to the People’s Committee provincial level to carry out procedures for approval of investment guidelines concurrently with approval of investors or approval of adjustment of investment guidelines in accordance with the provisions of the Law on Investment and this Decree;
c) In case the project has been appraised by the Ministry of Planning and Investment and submitted to the Prime Minister for decision on investment guidelines or adjustment of investment guidelines, the Prime Minister shall decide or adjust investment guidelines in accordance with the provisions of the 2014 Law on Investment or assign provincial-level People’s Committees to approve or approve investment guidelines to adjust investment policies in accordance with the provisions of the Law on Investment and this Decree.
4. Valid dossiers received under the provisions of Clause 1 of this Article and have a deadline for settlement of administrative procedures after January 01, 2021 shall continue to be processed in accordance with the provisions of the Law on Investment and this Decree. The Ministry of Planning and Investment and the investment registration agency shall send a written notice to the investor to request the supplementation of missing papers (if any) or to adjust the contents of the submitted dossier to conform with the provisions of the Law on Investment and this Decree. The time limit for settlement of investment procedures in this case is counted from the date the investor completes the adjustment and supplementation of the dossier.
5. For an investment project that has carried out the procedures for collecting appraisal opinions in accordance with the provisions of the 2014 Law on Investment and Decree No. 118/2015/ND-CP, the Ministry of Planning and Investment and the investment registration agency may continue to use the dossier submitted by the investor and the appraisal opinion of the previous competent authority to make a report appraise, approve and adjust investment policies in accordance with the Law on Investment and this Decree. The Ministry of Planning and Investment and the investment registration agency shall decide to request the investor to adjust and supplement the dossier and collect the competent agency’s appraisal opinion on the adjusted and supplemented contents of the investment project in case of necessity.
Article 115. Processing of valid dossiers for housing projects and bidding projects for investor selection submitted before the effective date of the Law on Investment
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 to carry out procedures for decision on investment policies in accordance with the provisions of the Law on Investment 2014 before April 20, 2020 but until January 1, 2021 if the investment policy has not yet been decided, it shall be implemented as follows:
a) In case the project is determined by a competent authority not to be subject to bidding as prescribed at Point b, Clause 1, Article 10 of the Government’s Decree No. 30/2015/ND-CP dated March 17, 2015 detailing the implementation of a number of articles of the Law on Bidding on investor selection (hereinafter referred to as Decree No. 30/2015/ND-CP), it may continue to be implemented procedures for approving investment guidelines in accordance with the provisions of the Law on Investment 2014. Competent state agencies shall be responsible for determining projects that are not subject to bidding under this Regulation;
b) In case the project is determined by a competent authority to be subject to bidding but the list of projects has not yet been approved as prescribed in Clause 1, Article 10 of the Decree No. 30/2015/ND-CP, the provisions of the Law on Investment and this Decree shall be complied with.
Investment projects on construction of commercial houses, commercial works, service works, multi-purpose works and multi-purpose complexes for business purposes with valid dossiers submitted by investors to carry out procedures for decision on investment policies in accordance with the provisions of the Law on Investment 2014 from April 20, 2020 but until January 1, 2021 if the investment policy has not yet been decided, it shall be implemented as follows:
a) In case the project is determined by a competent authority to fail to fully meet the conditions specified in Article 11 of the Government’s Decree No. 25/2020/ND-CP dated February 28, 2020 detailing the implementation of a number of articles of the Law on Bidding on investor selection (hereinafter referred to as Decree No. 25/2020/ND-CP), the procedures may be continued approval of investment guidelines in accordance with the provisions of the Law on Investment 2014. Competent state agencies shall be responsible for determining projects that are not subject to bidding under this Regulation;
b) In case the project is determined by a competent authority to fully meet the conditions specified in Article 11 of the Decree No. 25/2020/ND-CP but the list of projects has not yet been approved as prescribed in Clause 3, Article 12 of the Decree No. 25/2020/ND-CP, the provisions of the Law on Investment and this Decree shall be complied with.
Investment projects that must organize bidding in accordance with specialized laws and laws on socialization submitted by investors to carry out procedures for decision on investment policies in accordance with the Law on Investment 2014 from April 20, 2020 but have not yet been decided on investment policies by January 1, 2021, shall be implemented as follows:
a) In case the project is determined by a competent authority not to be subject to bidding in accordance with the provisions of specialized laws and the law on socialization, it may continue to carry out the procedures for approval of investment guidelines in accordance with the provisions of the Law on Investment 2014. Competent state agencies shall be responsible for determining projects that are not subject to bidding under this Regulation;
b) In case the project is determined by a competent authority to be subject to bidding in accordance with the provisions of specialized laws and the law on socialization but the list of projects has not yet been announced as prescribed in Clause 1, Article 16 of Decree No. 25/2020/ND-CP, the provisions of the Law on Investment and this Decree shall be complied with.
Investment projects on construction of houses and urban areas that have submitted dossiers in accordance with the law on housing, urban areas and construction before January 1, 2021 shall be implemented as follows:
a) For projects that have identified investors in accordance with the provisions of law effective at the time of identification of investors and have submitted dossiers of application for approval for investment guidelines in accordance with the provisions of the Law on Housing 2014 but have not yet been settled before January 01, 2021, the procedures for approval of guidelines may continue to be carried out investment in accordance with the provisions of the Law on Housing 2014 and are not required to carry out procedures for approving investment guidelines in accordance with the provisions of the Law on Investment.
b) For projects whose investors have not yet been identified and have submitted dossiers of application for approval for investment guidelines under the provisions of the Law on Housing 2014 but have not been settled before January 01, 2021, the provisions of the Law on Investment and this Decree shall be complied with.
c) For projects that have submitted dossiers of adjustment of investment projects in accordance with the law on housing, urban areas and construction but have not been settled before January 01, 2021, procedures for adjustment of investment projects shall be carried out in accordance with the provisions of the Law on Investment and this Decree.
d) In case the project specified at Points b and c of this Clause has been consulted by relevant agencies in accordance with the law on housing, urban areas and construction, the Ministry of Planning and Investment and the investment registration agency may continue to use the dossier submitted by the investor and the opinion of the agency have the previous competence to make appraisal reports, approve investment guidelines or approve adjustments to investment guidelines in accordance with the Law on Investment and this Decree. The Ministry of Planning and Investment and the investment registration agency shall decide to request the investor to adjust and supplement the dossier and collect the competent agency’s appraisal opinion on the adjusted and supplemented contents of the investment project in case of necessity.
Investors who have submitted dossiers to carry out procedures for transferring all or part of real estate projects in accordance with the law on real estate business before January 1, 2021 and are now subject to project transfer procedures in accordance with the Law on Investment may choose to continue applying procedures in accordance with the provisions of the Law on Investment law on real estate business or carry out procedures in accordance with the provisions of the Law on Investment and this Decree. The investor shall send a notice to the dossier-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 papers (if any) or adjust and supplement the contents of the submitted dossier in accordance with the provisions of the Law on Investment and this Decree.
Article 116. Implementation of investment projects implemented before the effective date of the Law on Investment
Investors may continue to implement investment projects under investment licenses, investment incentive certificates, investment certificates, investment registration certificates or papers of equivalent legal validity issued by competent state agencies before the effective date of the Law on Investment without having to carry out approval procedures investment policies in accordance with the provisions of the Law on Investment and this Decree, except for cases of adjustment of investment projects as prescribed in Clauses 1 and 3, Article 117 of this Decree.
Investment licenses, investment incentive certificates, investment certificates, investment registration certificates, outward investment licenses, outward investment certificates or papers of equivalent legal validity issued by competent state agencies before the effective date of the Law on Investment shall have the same legal validity as the investment registration certificate.
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 and approve investment in projects in accordance with the law on investment, land, etc  construction, housing, urban, bidding and enterprises take effect at the time of promulgation of this document or decision.
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, Certificate of Investment Incentives, Certificate of Investment, Certificate of Investment Registration or decision on investment policy, approval of investment guidelines or approval of investment in accordance with the law on investment.  housing, urban areas and construction before the effective date of the Law on Investment.
Article 117. Adjustment of investment projects implemented 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 guidelines or adjustment of approval for investment guidelines when adjusting investment projects, except for the following cases:
a) Changes or supplements to contents and objectives subject to approval for investment guidelines specified in Articles 30, 31 and 32 of the Law on Investment;
b) Expanding the scale of the investment project, resulting in the project being subject to approval for investment guidelines 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: Request the State to allocate or lease land without auction, bidding, or receive the transfer of land use rights or land-attached assets; request the State to permit the change of land use purpose, except for cases of land allocation, land lease or permission for land use purpose change of households and individuals that are not subject to the written approval of the provincial-level People’s Committee in accordance with the land law.
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 investment guidelines 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 guidelines shall consider the adjustments to approve the investment guidelines.
3. In case of adjustment of the investment project specified at Point a, Clause 2, Article 77 of the Law on Investment and the adjusted contents fall 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 adjustment of investment guidelines according to the following provisions:
a) The agency competent to approve investment guidelines under the Law on Investment is the agency competent to adjust the written decision on investment guidelines, the written approval for investment guidelines or the written approval for investment of such investment project.  except for the cases specified at Points b and c of this Clause;
b) In case the adjustment of an investment project is not subject to the investment policy decision, investment policy approval or investment approval of the Prime Minister as prescribed by law before the effective date of the Investment Law but is now subject to the Prime Minister’s investment policy approval under the Investment Law, the The Prime Minister shall approve the adjustment of investment guidelines in case of expansion of the land area used or the addition of contents and objectives subject to approval for investment guidelines 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 guidelines specified at this Point, provincial-level People’s Committees or Management Boards of industrial parks, export processing zones, hi-tech parks and economic zones shall approve the adjustment of investment guidelines in accordance with the Law on Investment and the Decree when adjusting other contents specified in Points a, b, c, d, dd, e and g, Clause 3, Article 41 of the Law on Investment;
c) In case of adjustment of an investment project with a total investment capital of over VND 5,000 billion falling under the Prime Minister’s authority to decide on investment policies as prescribed in the 2014 Law on Investment but which has been approved by the provincial-level People’s Committee or the Management Board of industrial parks,  export processing zones, hi-tech parks or economic zones that approve investment guidelines under the provisions of Clause 9, Article 31 or Clause 3, Article 32 of Decree No. 118/2015/ND-CP, the Prime Minister shall approve the adjustment of investment guidelines in case of expansion of the land area used or supplementation of contents,  targets subject to approval for investment guidelines specified in Article 31 of the Law on Investment. In addition to the contents subject to approval for adjustment of investment guidelines by the Prime Minister specified at this Point, provincial-level People’s Committees or management boards of industrial parks, export processing zones, hi-tech parks and economic zones shall approve the adjustment of investment guidelines in accordance with the provisions of the Law on Investment and this Decree when adjusting other contents prescribed at Points a, b, c, d, dd, e and g, Clause 3, Article 41 of the Law on Investment;
d) The investor shall carry out the procedures for adjustment of investment guidelines according to the corresponding 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 of this Article.
4. Investment projects for which investment guidelines are approved or approved by competent state agencies in accordance with the law on investment, housing, urban areas and construction before the effective date of the Law on Investment shall be scheduled according to the following provisions:
a) In case the implementation schedule of the project has been adjusted before the effective date of the Law on Investment, the implementation schedule of the investment project shall continue to be adjusted in accordance with the provisions of the Law on Investment and this Decree but must not be adjusted for more than 24 months from January 1, 2021 (if the time of completion of the implementation schedule of the last investment project in written decision on investment guidelines, written written approval for investment, investment registration certificate issued before January 1, 2021) or not more than 24 months from the time of completion of the final investment project implementation schedule in the written decision on investment guidelines,  written investment approval, investment registration certificate (if the time of completion of the final investment project implementation schedule in the written decision on investment guidelines, written investment approval, investment registration certificate issued after January 1, 2021), except for the cases specified at Point a,  b, c, d, dd and e, Clause 4, Article 41 of the Law on Investment.
b) In case the project has not been adjusted before the effective date of the Law on Investment, the investment project execution schedule may be adjusted in accordance with the provisions of the Law on Investment and this Decree but must not be adjusted for more than 24 months from January 1, 2021 (if the time of end of the implementation schedule of the last investment project in written decision on investment guidelines, written written approval for investment, investment registration certificate issued before January 1, 2021) or not more than 24 months from the time of completion of the final investment project implementation schedule in the written decision on investment guidelines,  written investment approval, investment registration certificate (if the time of completion of the final investment project implementation schedule in the written decision on investment guidelines, written investment approval, investment registration certificate issued after January 1, 2021), except for the cases specified at Point a,  b, c, d, dd and e, Clause 4, Article 41 of the Law on Investment;
c) In case the written decision on investment guidelines, approval for investment guidelines or investment approval does not determine the project implementation schedule or the progress of the project implementation stages, the investor may adjust the investment policy or investment approval to determine the project implementation schedule.  progress of the project implementation stages. The competence to adjust investment projects shall comply with the provisions of Clause 3 of this Article and the order and procedures for adjustment of investment guidelines 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 procedures for approving the adjustment of investment guidelines when the project implementation schedule is extended for more than 12 months. The investment registration authority shall carry out procedures for adjustment of the investment registration certificate as prescribed in Article 47 of this Decree for projects that have been granted investment registration certificates.
5. When adjusting an investment project other than the cases specified in Clauses 1 and 3 of this Article, which changes the contents of the investment license, investment preference certificate, investment certificate, investment registration certificate or papers of equivalent legal validity issued before the effective date of the Law on Investment,  the investor shall carry out procedures corresponding to the procedures for adjustment of the investment registration certificate as prescribed in Article 47 of this Decree at the investment registration agency to be granted the investment registration certificate. The investment registration certificate stipulates the contents of the adjusted investment project and records the entire contents of the unadjusted investment project and is in force according to the provisions of the investment license, investment certificate, investment incentive certificate, etc  Investment registration certificate and papers of equivalent legal validity.
6. In case the investment license, investment certificate or equivalent legal validity papers specified in Clause 5 of this Article also stipulate the business registration contents, the investment registration authority shall grant the investment registration certificate to the investor to replace the investment project in the investment license.  Investment certificates or other papers of equivalent legal validity according to the principles specified in Clause 5 of this Article. The business registration contents in the investment license, investment certificate or papers of equivalent legal validity continue to be valid.
Article 118. Implementation of investment projects on the list of sectors subject to conditional outward investment in accordance with the Law on Investment
Investors whose outward investment projects have been granted outward investment licenses, certificates or outward investment registration certificates before the effective date of the Law on Investment and are now in conditional outward investment sectors and trades as prescribed in Clause 1, Article 54 of the Law on Investment.  when adjusting the change of Vietnamese investors or increasing the outward investment capital, the conditions specified in Article 72 of this Decree must be satisfied.
Article 119. Carrying out investment activities of foreign-invested economic organizations established before the effective date of the Law on Investment
Economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment are not required to meet the conditions and carry out investment procedures as prescribed for foreign investors under the provisions of the 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 contracts of such economic organizations before the effective date of the Law on Investment.
From the effective date of the Law on Investment, economic organizations established before the effective date of the Law on Investment and falling into one of the cases specified at Points a, b and c, Clause 1, Article 23 of the Law on Investment must satisfy 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 implemented before the effective date of the Law on Investment; change and supplementation of business investment lines and lines; establishment of other economic organizations; investment in the form of capital contribution, purchase of shares, purchase of contributed capital of other economic organizations; investment in the form of BCC contracts.
When adjusting an investment project specified in Clause 2 of this Article, the economic organization shall carry out the procedures for approval of investment guidelines or adjustment of investment guidelines, issuance of investment registration certificates or adjustment of investment registration certificates according to the corresponding provisions of the Law on Investment and this Decree. The investment registration agency shall only consider the satisfaction of investment conditions for the contents of the proposed adjustment without reviewing the contents of the project being implemented.
Article 120. Carrying out procedures for selecting investors in the form of land use right auction before the effective date of the Law on Investment
The project has a land use right auction plan approved by a competent state agency and has not yet organized a land use right auction in accordance with the land law before January 1, 2021 or the project is organizing a land use right auction in accordance with the land law and has not yet won the results auction before January 01, 2021, the auction may continue to be held and carry out the next procedures as prescribed in Clause 2 or Clause 3 of this Article.
For projects subject to approval for investment guidelines by the National Assembly or the Prime Minister under the provisions of Articles 30 and 31 of the Law on Investment, the investors who win the auction as prescribed in Clause 1 of this Article shall carry out procedures corresponding to the procedures for approval of investment guidelines at the same time as investor approval for projects subject to approving the investment guidelines of the National Assembly and the Prime Minister in accordance with the provisions of this Decree.
For projects not subject to approval for investment guidelines by the National Assembly or the Prime Minister under the provisions of Articles 30 and 31 of the Law on Investment, investors shall carry out procedures for issuance of investment registration certificates (if any) without having to carry out procedures for approval of investment guidelines in accordance with the Law on Investment and this Decree.
Article 121. Carrying out procedures for selecting investors in the form of bidding before the effective date of the Law on Investment
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 1, 2021 shall be implemented as follows:
a) For projects subject to approval for investment guidelines under the Law on Investment, carry out procedures for approval of investment guidelines and other procedures as prescribed by the Law on Investment and this Decree;
b) For projects not subject to approval for investment guidelines under the Law on Investment, the list of projects shall be announced in accordance with the law on bidding.
Projects on the list of projects already posted on the National Bidding Network System in accordance with the bidding law shall be implemented as follows:
a) Projects specified at Point b, Clause 1, Article 1 of Decree No. 25/2020/ND-CP that have not yet had preliminary assessment results of capacity and experience before January 1, 2021, shall continue the assessment in accordance with the provisions of Decree No. 25/2020/ND-CP and carry out the procedures specified in Clause 3 or Clause 4 of this Article;
b) For projects specified at Point c, Clause 1, Article 1 of Decree No. 25/2020/ND-CP that have not yet determined the number of interested investors before January 1, 2021, the number of interested investors shall continue to be determined according to the provisions of Decree No. 25/2020/ND-CP and carry out the procedures specified in Clause 3 or Clause 4 of this Article;
c) Projects specified at Points b and c, Clause 1, Article 1 of Decree No. 25/2020/ND-CP that have had preliminary assessment results of capacity and experience or have determined the number of interested investors under the provisions of Decree No. 25/2020/ND-CP before January 1, 2021 shall comply with the provisions of Clause 3 or Clause 4 of this Article.
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 as prescribed 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 for investment guidelines under the Law on Investment, the investor shall carry out procedures corresponding to the procedures for approval of investment guidelines at the same time as the approval of investors as prescribed in Articles 31, 32 and 33 of this Decree;
b) For projects not subject to approval for investment guidelines as prescribed by the Law on Investment, investors shall carry out procedures for investor approval as prescribed in Clause 2, Article 30 of this Decree.
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 there are two or more investors interested as prescribed at Point b, Clause 1, Article 16 of Decree No. 25/2020/ND-CP, the following shall be implemented:
a) For projects subject to the Prime Minister’s competence to approve investment guidelines in accordance with the Law on Investment, the procedures for approval of investment guidelines shall be carried out in accordance with the Law on Investment and this Decree before organizing the selection of investors in accordance with the law on bidding;
b) For projects subject to approval for investment guidelines by provincial-level People’s Committees in accordance with the Law on Investment, investors shall be selected in accordance with the law on bidding without having to carry out procedures for approval of investment guidelines as prescribed in the Law on Investment and this Decree;
c) For projects not subject to approval for investment guidelines under the Law on Investment, the investor shall be selected in accordance with the law on bidding;
d) The bid-winning investor is not required to carry out the procedures for investor approval in accordance with the Law on Investment and this Decree.
In case the project has a pre-qualification dossier or bidding dossier or dossier of requirements issued under the provisions of Decree No. 30/2015/ND-CP and by January 1, 2021 is in the process of organizing pre-qualification or organizing investor selection, it shall continue to comply with the provisions of Decree No. 30/2015/ND-CP without having to carry out procedures approval of investment guidelines and investor approval in accordance with the provisions of the Law on Investment and this Decree.
For investment projects on construction of houses and urban areas for which investment guidelines have been approved by competent state agencies in accordance with the provisions of the Law on Housing 2014 before January 1, 2021, in which the form of bidding for investor selection is determined, it is not required to carry out the procedures for approval of investment guidelines in accordance with the provisions of the Law Investment and this Decree shall be implemented as follows:
a) In case the list of projects has not yet been approved, the additional preliminary requirements on capacity and experience shall be approved before the list of projects is announced, but the list of projects is not required to be approved in accordance with the law on bidding;
b) Cases related to the organization selecting investors shall comply with the corresponding provisions in Clauses 1 and 2 of this Article. Investors executing 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
BT project contracts stipulate 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 construction, but by January 1, 2021, the investor has not yet done so, the procedures for investment policy approval shall be carried out simultaneously with the approving investors not through land use right auctions or investor selection bidding in accordance with the Law on Investment and this Decree; in case the investor has carried out the procedures but has not yet been settled, the provisions of Article 114 or Point a, Clause 4, Article 115 of this Decree shall be complied with.
BT project contracts do not stipulate that other projects carry out procedures for investment policy decision, investment policy approval or investment approval in accordance with the law on investment, housing, urban areas and construction but the investor wishes to do so and has submitted a valid dossier.  by January 1, 2021, if the procedures have not been settled, the provisions of Article 114 or Point a, Clause 4, Article 115 of this Decree shall be complied with; in case the dossier has not yet been submitted, the procedures for approval of investment guidelines shall be carried out simultaneously with the approval of the investor without auction of land use rights or through bidding for investor selection according to the provisions of the Law on Investment and this Decree.
Except for the cases specified in Clauses 1 and 2 of this Article, BT projects are eligible for transition under the law on investment in the form of public-private partnership but other projects have not yet carried out the procedures for decision on investment guidelines, approval for investment guidelines or approval for investment in accordance with the law on investment.  housing, urban areas and construction before January 1, 2021 and investors wishing to do so shall carry out the procedures for approving investment guidelines at the same time as approving investors not through land use right auctions or investor selection bidding as prescribed in the Law on Investment and this Decree.
Article 123. Assurance for implementation of investment projects for investment projects implemented before the effective date of the Law on Investment
Investors who have signed the Deposit Agreement with the Investment Registry before the effective date of the Law on Investment may continue to comply with the signed Agreement.
In case the investor requests to change the form of security for project execution in order to apply the deposit obligation guarantee in accordance with the provisions of the Law on Investment and this Decree or adjust the conditions for refund of the deposit, the investor shall agree with the investment registration authority to adjust the signed deposit agreement in accordance with the provisions of the the Law on Investment and this Decree.
The adjustment of the escrow agreement as prescribed in Clause 2 of this Article shall only apply to the part of the obligation with a definite term of performance after the effective date of this Decree. In case the investor is violating the obligation to implement the project, it is not allowed to request to change the form of project execution security or conditions for refunding the deposit until the violation has been handled. The adjustment of the Margin Agreement under the provisions of this Clause does not apply to the amount of margin that has been refunded or not refunded before the date of adjustment of the Margin Agreement.
Investors who have not signed the deposit agreement in accordance with the law on investment before the effective date of the Law on Investment and this Decree shall comply with the regulations on security for the implementation of the investment project in accordance with the provisions of the Law on Investment and this Decree.
5. In case of adjustment of the objectives and schedule of implementation of the investment project, change of land use purpose of the investment project specified in Clause 4, Article 77 of the Law on Investment, resulting in the project being subject to deposit or having a guarantee for the deposit obligation to ensure the implementation of the investment project in accordance with the provisions of the Law on Investment and this Decree the investor must make a deposit or have a bank guarantee for the deposit obligation in accordance with the provisions of the Law on Investment and this Decree for the adjusted part of the project.
Article 124. Adjustment of projects with commitments to transfer assets without compensation to the State of Vietnam or Vietnamese parties
For investment projects in which the foreign investor commits to transfer assets without compensation to the State of Vietnam or to the Vietnamese party (hereinafter referred to as the project with a commitment to transfer without compensation), after the expiration of the operation duration of the investment project as prescribed in the investment license,  Investment certificates, investment registration certificates, foreign investors (in case foreign investors invest in the form of business cooperation contracts) or foreign-invested economic organizations are obliged to transfer without compensation the assets in their original state under normal operating conditions to the State of Vietnam or the Vietnamese party are state-owned enterprises.
Projects with non-compensatory transfer commitments may not be considered for cancellation of the conditions for non-compensatory transfer of committed assets as prescribed in Clause 1 of this Article and may not adjust the contents of projects with non-compensatory transfer commitments leading to changes in conditions for transfer of such assets.  except for the cases specified in Clauses 3 and 4 of this Article.
In case the Vietnamese party being a state-owned enterprise (hereinafter referred to as the Vietnamese party for short) is delayed in handing over land for capital contribution with the value of land use rights, the time the Vietnamese party is delayed in handing over land shall not be included in the operation duration of the project with the commitment to transfer without compensation.
In case the Vietnamese party being a state-owned enterprise transfers all or part of the 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 to apply the highest price offered for sale to the foreign party. In case the foreign party does not buy or does not buy 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.
The conditions, order and procedures for the transfer of part or all of the contributed capital of the Vietnamese party being a state-owned enterprise shall comply with the law on management and use of state capital invested in production and business at the enterprise and the law on enterprises.
The adjustment of the project with the commitment to transfer without compensation under the provisions of 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 assets after transfer without compensation to the State of Vietnam or the Vietnamese party
The establishment of the ownership of the whole people and the management of assets of projects with commitments to transfer non-compensatory assets (hereinafter referred to as transferred assets) to the State of Vietnam after the completion of their operations shall comply with the provisions of the law on management,  use of public property.
In case the transferee is an enterprise with 100% charter capital held by the State, the handling of the transferred assets shall be decided by the representative agency of the State enterprise in accordance with the law on management and use of state capital invested in production.  doing business at the enterprise.
In case the transferee is an equitized State enterprise, the assets shall be transferred to the State shareholders or to the State of Vietnam if the State no longer has its capital contribution 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.
After the expiration of the land use term, 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 business registration certificates)
Enterprises operating under investment licenses may continue to organize and operate in accordance with the provisions of investment licenses and enterprise charters. For the contents not specified in the investment license and the enterprise’s 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) Enterprises with 100% foreign capital owned by a foreign investor shall comply with the corresponding regulations applicable to single-member limited liability companies;
b) Enterprises with 100% foreign capital owned by two or more foreign investors and joint-venture enterprises shall comply with corresponding regulations applicable to 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 of April 15, 2003 on the transformation of a number of foreign-invested enterprises into joint-stock companies shall comply with the corresponding regulations applicable to joint-stock companies.
Enterprises operating under investment certificates (also business registration certificates) may continue to organize and operate under investment certificates (also business registration certificates) and enterprise charters. For contents not specified in the investment certificate (also the business registration certificate) and the enterprise’s charter, the enterprise shall comply with the provisions of the Law on Enterprises, the Law on Investment and relevant laws.
Article 127. Renewal of Investment Registration Certificate, Enterprise Registration Certificate
Investors whose investment projects have been granted investment licenses, investment incentives certificates, investment certificates or papers of equivalent legal validity before the effective date of the Law on Investment may be transferred to operate under investment registration certificates according to the following procedures:
a) The investor shall submit 01 set of dossier for renewal of the investment registration certificate to the investment registration authority, including a written request for renewal of the investment registration certificate, a copy of the investment license, investment incentive certificate, investment certificate or papers of equivalent legal validity;
b) The investment registration authority shall 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 shall re-stipulate the contents of the investment project in the investment license, investment incentive certificate, investment certificate or equivalent legal validity. Business registration contents in investment licenses, investment incentive certificates, investment certificates or papers of equivalent legal validity continue to be valid.
Enterprises operating under investment licenses, investment certificates (also business registration certificates) or papers of equivalent legal validity (hereinafter collectively referred to as certificates) issued before the effective date of the Law on Investment may continue to operate under the contents of such certificates without having to carry out procedures to change to the Enterprise Registration Certificate.
In case there is a request for replacement of the Investment Registration Certificate or Enterprise Registration Certificate in place of the Investment License, Investment Certificate (also the Business Registration Certificate) or papers of equivalent legal validity, the investor shall carry out the following procedures:
a) Renewal of the enterprise registration certificate as prescribed in Clause 2 of this Article;
b) Renewal of the investment registration certificate as prescribed in Clause 1 of this Article (the dossier for renewal of the investment registration certificate includes a copy of the enterprise registration certificate issued under the provisions of Clause 2 of this Article and the dossier specified at Point a, Clause 1 of this Article).
An enterprise that is granted an enterprise registration certificate under the provisions of Clauses 2 and 3 of this Article may continue to exercise all rights and obligations of the enterprise specified in the investment license, investment certificate (also business registration certificate) or papers of equivalent legal validity from the date of issuance of the certificate receiving enterprise registration, including rights and obligations for investment projects; the investor specified in the Investment License, Investment Certificate (also the Business Registration Certificate) or a document of equivalent legal validity shall exercise the rights and obligations towards the investment project as a member or shareholder in the enterprise.
5. Upon the expiration of the operation duration of an investment project or when an investment project is terminated, an enterprise operating under an investment license, investment certificate (also a business registration certificate) or papers of equivalent legal validity shall carry out procedures for termination of operation of an investment project in accordance with the Law investment and this Decree without compulsory termination of the operation of the enterprise, unless otherwise provided for by law.
Article 128. Changes in business registration contents in investment licenses and investment certificates (also business registration certificates)
Enterprises operating under investment licenses, investment certificates (also business registration certificates) or papers of equivalent legal validity shall make changes to business registration contents at business registration agencies in accordance with the enterprise law.
In case of simultaneous adjustment of business registration contents and investment project contents, the economic organization shall carry out procedures for adjustment of business registration contents at the business registration authority in order to be granted an enterprise registration certificate 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 be granted an investment registration certificate according to the corresponding provisions of Article 117 of this Decree.
In case of adjustment of the contents of registration of operation of branches or representative offices of enterprises operating under investment licenses, investment certificates (also business registration certificates) or papers of equivalent legal validity issued before the effective date of the Law on Investment,  enterprises shall carry out procedures in accordance with the corresponding provisions of the law on enterprises.
Article 129. Suspension of business, termination of operation, reorganization or dissolution of enterprises operating under investment licenses and investment certificates (also business registration certificates)
Enterprises operating under investment licenses and investment certificates (also business registration certificates) shall carry out procedures for business suspension, termination of operation, reorganization or dissolution at business registration offices.
Dossiers, order and procedures for business suspension, termination of operation, reorganization and dissolution of enterprises operating under investment licenses and investment certificates (also business registration certificates) shall 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 that are being developed and implemented under the Prime Minister’s Decision promulgating the Regulation on state management of investment promotion activities and the Prime Minister’s Decision promulgating the Regulation on formulation and implementation of the National Investment Promotion Program shall continue to be implemented in accordance with the provisions of the This decision.
Section 3. IMPLEMENTATION PROVISIONS
Article 131. Enforcement effect
This Decree takes effect from the date of its signing.
The following Decrees and regulations cease to be effective from the effective date of the Law on Investment:
a) The Government’s Decree No. 118/2015/ND-CP dated November 12, 2015 detailing and guiding the implementation of a number of articles of the Law on Investment;
b) Decree No. 37/2020/ND-CP dated March 30, 2020 supplementing the List of sectors and trades eligible for investment incentives issued together with the Government’s Decree No. 118/2015/ND-CP dated November 12, 2015 detailing and guiding the implementation of a number of articles of the Law on Investment;
c) The Government’s Decree No. 83/2015/ND-CP dated September 25, 2015 regulating outward investment;
d) The Government’s Decree No. 104/2007/ND-CP of June 14, 2007 on debt collection services;
dd) Decree No. 69/2016/ND-CP dated July 01, 2016 of the Government on conditions for business of debt trading services;
e) The Government’s Decree No. 79/2016/ND-CP dated July 1, 2016 stipulating conditions for providing training services for fostering 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 the Government’s Decree No. 100/2018/ND-CP dated July 16, 2018 amending, supplementing and annulling a number of regulations on business investment conditions in the fields under the state management of the Ministry of Construction.
Article 132. Implementation responsibilities
The Ministry of Planning and Investment shall detail and guide the implementation of assigned articles and clauses under the provisions of the Law on Investment and this Decree.
Ministries and ministerial-level agencies shall, within the ambit of their functions and tasks, have the responsibility:
a) Submit to the Government for consideration the abolition, amendment and supplementation of business investment conditions for conditional business lines which have been abolished, amended and supplemented in accordance with the Law on Investment;
b) Submit to the Government for consideration and 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 for promulgation, amendment and supplementation of other Decrees related to business investment to ensure the implementation of the Law on Investment and this Decree.
Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies and Presidents of People’s Committees of provinces and centrally-run cities shall, within the ambit of their respective functions and tasks, guide and implement this Decree./.

TM. THE GOVERNMENTPRIME MINISTER Nguyen Xuan Phuc

APPENDIX I

LIST OF INDUSTRIES AND TRADES RESTRICTED FROM MARKET ACCESS FOR FOREIGN INVESTORS (
Attached to the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021)
INDUSTRIES AND TRADES THAT HAVE NOT BEEN ALLOWED TO ACCESS THE MARKET FOR FOREIGN INVESTORS
Trading in goods and services on the list of goods and services subject to state monopoly in the field of commerce.
Journalistic activities and news gathering activities in all forms.
Fishing or fishing for seafood.
Investigation and security services.
Judicial administrative services, including judicial assessment services, bailiff services, property auction services, notary services, and services of asset management officers.
Services of sending workers to work abroad under contracts.
To invest in the construction of cemetery and graveyard infrastructure for the transfer of land use rights associated with infrastructure.
Waste collection service directly from households.
Public opinion poll services (public opinion polls).
Blasting services.
Production and trading of weapons, explosives and combat gears.
Import and dismantle used ships.
Public postal services.
Goods border crossing business.
Temporary import for re-export business.
Exercising the right to export, import and distribute goods on the list of goods that foreign investors and foreign-invested economic organizations are not allowed to exercise the right to export, import or distribute.
Collection, purchase and handling of public property at units of the armed forces.
Manufacturing of military materials or equipment; trading in military equipment and military supplies for the armed forces, military weapons, equipment, techniques, equipment, military and police special-use vehicles, components, parts, spare parts, supplies and special equipment, special-use technologies for their manufacture;
Providing industrial property representation services and intellectual property assessment services.
Services of establishing, operating, maintaining and maintaining navigational signals, water areas, water areas, public navigational channels and maritime routes; survey services of water areas, water areas, public navigational channels and navigational routes for the publication of maritime notices; services of surveying, building and issuing nautical charts of waters, seaports, navigational channels and navigational routes; developing and distributing maritime safety documents and publications.
Regulation services to ensure maritime safety in waters, waters and public navigational channels; maritime electronic information services.
Inspection services (inspection, testing) and issuance of certificates for means of transport (including systems, components, equipment and components of vehicles); inspection services and issuance of certificates of technical safety and environmental protection for special-use vehicles, equipment, containers, and packaging equipment for dangerous goods used in transportation; services of inspection and issuance of certificates of technical safety and environmental protection for means and equipment for oil and gas exploration, exploitation and transportation at sea; occupational safety technical inspection services for machinery and equipment with strict requirements on occupational safety installed on means of transport and means and equipment for oil and gas exploration, exploitation and transportation at sea; fishing vessel registration services.
Natural forest investigation, assessment and exploitation services (including logging and hunting, trapping of rare and precious wildlife, management of gene pools of crops, livestock and microorganisms used in agriculture).
Research or use of genetic resources of new livestock breeds before being appraised and evaluated by the Ministry of Agriculture and Rural Development.
Providing travel services, except for international travel services serving international tourists to Vietnam.

SECTORS AND TRADES SUBJECT TO CONDITIONAL MARKET ACCESS FOR FOREIGN INVESTORS
Producing and distributing cultural products, including video recordings.
Production, distribution and screening of television programs and musical, theatrical and cinematic works.
Providing radio and television services.
Insurance; bank; securities trading and other services related to insurance, banking, securities trading.
Postal and telecommunications services.
Advertising services.
Printing services, publication distribution services.
Surveying and mapping services.
Aerial photography service.
Educational services.
Exploration, exploitation and processing of natural resources, minerals, oil and gas.
Hydropower, offshore wind power and nuclear power.
Transportation of goods and passengers by rail, air, road, river, sea, pipeline.
Aquaculture and cultivation.
Forestry and hunting.
Betting and casino business.
Security services.
Construction, operation and management of river ports, seaports and airfields.
Real estate business.
Dịch vụ pháp lý.
Veterinary services.
Goods purchase and sale activities and activities directly related to goods purchase and sale activities of foreign service providers in Vietnam.
Technical Testing and Analysis Services.
Dịch vụ du lịch.
Health and social services.
Sports and entertainment services.
Paper manufacturing.
Production of means of transport over 29 seats.
Development and operation of traditional markets.
Operation of the Commodity Exchange.
Domestic LCL collection service.
Auditing, accounting, bookkeeping and tax services.
Price appraisal services; consulting on determining the value of enterprises for equitization.
Services related to agriculture, forestry and fishery.
Aircraft production and manufacturing.
Manufacture and manufacture of locomotives and railway wagons.
Production and trading of tobacco products, tobacco raw materials, machinery and equipment in the tobacco industry.
Publisher activity.
Building and repairing ships.
Waste collection services, environmental monitoring services.
Commercial arbitration services, arbitration mediation.
Logistics service business.
Coastal sea transportation.
Cultivation, production or processing of rare and precious crops, breeding of rare and precious wild animals and processing and handling of such animals or crops, including live animals and preparations thereof;
Manufacturing of building materials.
Construction and related technical services.
Motorcycle assembly.
Services related to sports, fine arts, performing arts, fashion shows, beauty and modeling contests, and other entertainment and entertainment activities.
Air transport support services; ground technical services at airports and airfields; in-flight meal provision services; navigation and monitoring information services, aviation meteorological services.
Ship agency services; ship towing services.
Services related to cultural heritage, copyright and related rights, photography, video recording, audio recording, art exhibitions, festivals, libraries, museums;
Services related to tourism promotion and promotion.
Representative services, recruitment and booking agents, management for artists and athletes.
Family-related services.
E-commerce activities.
Cemetery business, cemetery services and funeral services.
Seeding and chemical spraying services by aircraft.
Maritime pilotage services;
Investment sectors and trades under the pilot mechanism of the National Assembly, the Standing Committee of the National Assembly, the Government and the Prime Minister.

 

APPENDIX II

LIST OF INDUSTRIES AND TRADES ELIGIBLE FOR INVESTMENT INCENTIVES (
Attached to the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021)

INDUSTRIES AND TRADES ELIGIBLE FOR SPECIAL INVESTMENT INCENTIVES
HIGH TECHNOLOGY, INFORMATION TECHNOLOGY, SUPPORTING INDUSTRIES
High-tech application on the list of high technologies prioritized for investment and development under the Prime Minister’s decision.
The production of products on the list of hi-tech products is encouraged to be developed under the Prime Minister’s decision.
Production of products on the list of supporting industry products prioritized for development according to the Government’s regulations on development of supporting industries.
High-tech incubation, high-tech enterprise incubation; venture capital for high-tech development; application, research and development of high technologies in accordance with the law on high technologies; production of biotechnology products; training high-tech human resources; providing high-tech services.
Producing software products, digital information content products, key information technology products, and software services in accordance with the law on information technology; producing cyber information security products and providing cyber information security services to ensure the conditions prescribed by the law on cyber information security; production of products formed from scientific and technological results in accordance with the law on science and technology.
Producing renewable energy, clean energy, energy from waste destruction.
Production of composite materials, light building materials, rare materials.
Manufacture of products on the List of key mechanical products under the Prime Minister’s decision.
AGRICULTURE
Planting, caring for, nurturing, protecting and developing forests, developing production forests in bare lands, bare hills and mountains, planting large timber forests and transforming small timber plantations into large timber plantations; development of non-timber forest products, restoration of natural forests.
Cultivation, processing and preservation of agricultural, forestry and aquatic products, processing of non-timber forest products.
Production, propagation and breeding of plant varieties, livestock breeds, forestry plant varieties, aquatic breeds, development of high-tech forestry plant varieties.
Salt production, extraction and refining.
Offshore fishing combined with the application of advanced fishing gear methods; fishery logistics services; construction of fishing ship building and fishing ship building establishments.
Rescue services at sea.
To invest in research and production of biotechnology products used as food.
Manufacture of furniture products; production of artificial boards, including: plywood, laminated boards, MDF boards.
ENVIRONMENTAL PROTECTION, INFRASTRUCTURE CONSTRUCTION
Collect, treat, recycle and reuse waste centrally.
Construction and business of infrastructure of industrial parks, export processing zones, hi-tech parks and functional zones in economic zones.
To invest in the development of water plants, power plants, water supply and drainage systems; bridges, roads, infrastructure, transport and railway industry; airports, seaports, inland waterway ports; airports, railway stations and other particularly important infrastructure works decided by the Prime Minister.
To develop public passenger transport in urban centers.
To invest in the construction, management and business of markets in rural areas.
Investment in development, operation and management of technical infrastructure works of industrial clusters.
CULTURE, SOCIETY, SPORTS, HEALTH
Construction of social housing and resettlement housing.
Invest in business establishments to implement hygiene and epidemic prevention.
Scientific research on preparation technology and biotechnology for the production of new drugs, new veterinary drugs, vaccines and bio-preparations for veterinary use.
Production of medicinal ingredients and major drugs, essential drugs, drugs for prevention and control of social diseases, vaccines, medical biologicals, medicines from medicinal herbs, traditional medicines; drugs that are about to expire their patents or related patents; applying advanced technology and biotechnology to produce medicines for people that meet international GMP standards; production of packaging directly in contact with drugs.
Invest in Methadone production facilities.
To invest in the business of high-achievement sports training and coaching centers and sports training and coaching centers for people with disabilities; build sports facilities with equipment and means for training and competition to meet the requirements of organizing international tournaments; professional physical training and sports competition establishments.
Investing in geriatric and psychiatric centers, treating patients infected with Agent Orange; care centers for the elderly, the disabled, orphans, and helpless wandering children.
Investment in the business of medical treatment – education – social labor centers; smoking cessation establishments; HIV/AIDS treatment facilities; public drug detoxification establishments; people-founded drug detoxification establishments; community drug addiction counseling and treatment support points at the district level.
Investment in national museums and ethnic cultural houses; national singing, dancing and music troupes; theaters, studios, film production and film printing establishments; Fine Arts – Photography Exhibitors; production, manufacture and repair of ethnic musical instruments; maintenance and preservation of museums, ethnic cultural houses and cultural and art schools; establishments and craft villages to introduce and develop traditional industries and trades; investing in the business of folk performing arts; invest in the National Library of Vietnam, public libraries of provinces and centrally-run cities and libraries that play an important role.
Invest in establishments to support the prevention and control of gender-based violence in the community for sex workers.
INDUSTRIES AND TRADES ELIGIBLE FOR INVESTMENT INCENTIVES
Science and Technology, Electronics, Mechanical Engineering, Material Manufacturing, Information Technology
Invest in research and development (R&D).
Producing steel billets from iron ore, high-grade steel, and alloys.
Production of coke, activated carbon.
Energy-efficient product production.
Petrochemical, pharmaceutical chemical, basic chemicals and rubber production.
Producing products with an added value of 30% or more (under the guidance of the Ministry of Planning and Investment).
Automobile manufacturing, auto parts, shipbuilding.
Manufacture of accessories, electronic components, electronic component assemblies not in List A of this Appendix.
Manufacture of machine tools, machinery, equipment, spare parts and machines in service of agricultural, forestry, fishery, salt production, food processing machinery and irrigation equipment not included in List A of this Appendix.
Production of materials to replace Asbestos materials.
Production of lightly fired building materials (with a density of less than 1000 kg/m3).
Invest in taking advantage of excess heat and exhaust gas for power generation of building material production facilities in order to save energy and protect the environment.
Producing artificial crushed sand to replace natural sand.
To invest in the treatment and use of waste from thermal power plants, chemical fertilizer plants, and metallurgical plants to be used as construction materials.
Invest in the treatment and use of domestic waste as fuel in the production of construction materials.
Investment in the production of equipment, supplies and spare parts for the cement production industry; glass; tiles; refractory materials; to invest in the production of construction materials to replace construction materials produced with outdated technologies.
Producing environmentally friendly vehicles.
Production and assembly of diesel locomotives; freight wagons with a tonnage of 30 tons or more; high-class passenger cars with a structural speed of 100 km/h; spare parts for locomotives and wagons in the railway sector.
Production and processing of minerals as building materials.
Production and trading of products formed from scientific and technological results of science and technology enterprises.
AGRICULTURE
Raising, growing, harvesting and processing medicinal herbs; protection and conservation of genetic resources and rare and endemic medicinal herbs.
Production and processing of animal feed and aquatic products.
Scientific and technical services on planting, animal husbandry, fisheries, protection of crops and livestock.
To build, renovate and upgrade slaughterhouses; preservation and processing of poultry and cattle in industrial concentration, wholesale markets, livestock auction establishments and livestock products.
To build and develop concentrated raw material areas in service of the processing industry.
Seafood fishing.
To invest in the production of biological plant protection drugs, the production of organic fertilizers, scientific research activities and technology transfer for the development of organic fertilizers.
Farming and processing agricultural, forestry and aquatic products in the form of linkage along the product chain; farming and processing agricultural, forestry and fishery products in the form of organic agricultural production.
Production of handicrafts, rattan and bamboo products, ceramics, glass, textiles, yarns, embroidery, lace, wicker.
Scientific research and technological development in the field of agricultural science.
Breeding and preserving livestock breeds, preserving genetic resources of precious and rare livestock breeds and indigenous livestock breeds.
 
ENVIRONMENTAL PROTECTION, INFRASTRUCTURE CONSTRUCTION
Construction and development of industrial cluster infrastructure.
Building apartments for workers working in industrial parks, export processing zones, hi-tech parks and economic zones; building student dormitories and building houses for social policy beneficiaries; to invest in the construction of functional urban areas (including kindergartens, schools, hospitals) to serve workers.
Handling oil spills, remedying landslides, landslides, river banks, coasts, dams, reservoirs and other environmental incidents; applying technologies to reduce greenhouse gas emissions and destroy the ozone layer.
Investment in the business of commodity exhibition centers, logistics centers, inland ports, warehouses, supermarkets, and commercial centers.
Manufacturing and supplying environmental monitoring equipment, on-site domestic wastewater treatment equipment, environmentally friendly products and services certified with the Vietnam Eco Label in accordance with the law on environmental protection.
Investment in technology incubators and scientific and technological enterprises in accordance with the law on technology.
Investment and business of innovation centers, research and development centers.
Concentrated domestic wastewater treatment with a design capacity of 2,500 m3/day (24 hours) or more for urban areas of grade IV or higher.
Centralized collection, transportation and treatment of common solid waste.
Hazardous waste treatment, hazardous waste co-treatment.
Treat and renovate polluted environmental areas in public areas.
Responding to and handling oil spills, chemical incidents and other environmental incidents.
To build technical infrastructure for environmental protection in industrial parks, industrial clusters and craft villages.
Relocating or transforming the operation of establishments causing serious environmental pollution.
Environmental monitoring.
To invest in the construction of cemeteries, crematoriums and funeral facilities.
Assessment of environmental damage; environmental health assessment; environmental assessment of imported goods, scrap, machinery, equipment and technology.
Producing and applying environmental protection inventions protected by the State in the form of granting invention patents or utility solution patents.
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).
Production of gasoline, diesel fuel and biofuels certified for conformity; biochar; magnetic energy using wind, sunlight, tides, geothermal and other forms of renewable energy.
Manufacture and import of special-use machinery, equipment and vehicles directly used in the collection, transportation and treatment of waste; automatic and continuous wastewater and exhaust gas monitoring equipment; environmental measurement, sampling and analysis equipment; renewable energy production; environmental pollution treatment; responding to and handling environmental incidents.
Production, business and service activities of environmentally friendly establishments are certified by the Ministry of Natural Resources and Environment with ecological labels.
Producing products, equipment and technologies that use water sparingly.
 
EDUCATION, CULTURE, SOCIETY, SPORTS, HEALTH
Investment in infrastructure business of education and training institutions and vocational education institutions; to invest in the development of non-public education and training institutions and vocational education institutions at all levels: preschool education, general education and vocational education.
Producing medical equipment, building pharmaceutical storage warehouses, stockpiling medicines for people to prevent natural disasters, disasters and dangerous epidemics.
Production of medicinal ingredients and plant protection drugs, pesticides; prevention and treatment of diseases for animals and aquatic animals.
Production of veterinary drugs, veterinary drug ingredients, preservation of veterinary drugs; production of veterinary equipment and tools.
Invest in biological testing facilities, assess the bioavailability of drugs; pharmacy establishments meet good practice standards in drug production, preservation, testing and clinical trials.
To invest in research to prove the scientific basis of Oriental medicine and traditional medicine and to develop standards for testing Oriental medicine and traditional medicine.
Investment in physical training and sports centers, training houses, sports clubs, stadiums, swimming pools; establishments producing, manufacturing and repairing equipment and means of physical training and sports.
To invest in the business of district-level public libraries, specialized libraries, university libraries, libraries of educational institutions, community libraries, private libraries serving the community and developing a reading culture for lifelong learning.
To invest in the development of vocational education quality accreditation organizations and the production of vocational education equipment.

OTHER INDUSTRIES
Operation of people’s credit funds and microfinance institutions.
Publishing activities of e-publications.
Investment in the product distribution chain of small and medium-sized enterprises; investment in business establishments for small and medium-sized enterprise incubators; investment in technical facilities to support small and medium-sized enterprises; investment in co-working areas for small and medium-sized enterprises and innovative start-ups in accordance with the law on support for small and medium-sized enterprises.
Invest in innovative start-ups.
APPENDIX III
LIST OF AREAS ELIGIBLE FOR INVESTMENT INCENTIVES (
Attached to the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021)

STT	Province	Areas with extremely difficult socio-economic conditions	Areas with difficult socio-economic conditions
1	Bac Kan	All districts, towns and cities of Bac Kan
2	Cao Bang	All districts and cities of Cao Bang
3	Ha Giang	All districts and cities of Ha Giang
4	Lai Chau	All districts and cities of Lai Chau
5	Son La	All districts and cities of Son La
6	Dien Bien	All districts, towns and city of Dien Bien
7	Lao Cai	All districts and towns of Sapa	Lao Cai City
8	Tuyen Quang	Na Hang, Chiem Hoa, Lam Binh districts	Ham Yen, Son Duong, Yen Son districts and Tuyen Quang city
9	Bac Giang	Son Dong District	Luc Ngan, Luc Nam, Yen The, Hiep Hoa districts
10	Peace	Da Bac and Mai Chau districts	Kim Boi, Luong Son, Lac Thuy, Tan Lac, Cao Phong, Lac Son, Yen Thuy and Hoa Binh City districts
11	Lang Son	Binh Gia, Dinh Lap, Cao Loc, Loc Binh, Trang Dinh, Van Lang, Van Quan, Bac Son, Chi Lang, Huu Lung districts
12	Phu Tho	Thanh Son, Tan Son, Yen Lap districts	Doan Hung, Ha Hoa, Phu Ninh, Thanh Ba, Tam Nong, Cam Khe districts
13	Thai Nguyen	Vo Nhai, Dinh Hoa, Dai Tu, Phu Luong, Dong Hy districts	Phu Binh District, Pho Yen Town
14	Yen Bai	Luc Yen, Mu Cang Chai, Tram Tau districts	Tran Yen, Van Chan, Van Yen, Yen Binh, Nghia Lo town
15	Quang Ninh	Ba Che, Binh Lieu districts, Co To island districts and islands and islands in the province	Van Don, Tien Yen, Hai Ha, Dam Ha districts
16	Hai Phong	Bach Long Vi and Cat Hai island districts
17	Ha Nam		Ly Nhan, Thanh Liem, Binh Luc districts
18	Nam Dinh		Giao Thuy, Xuan Truong, Hai Hau, Nghia Hung districts
19	Peace		Thai Thuy and Tien Hai districts
20	Ninh Binh		Nho Quan, Gia Vien, Kim Son, Tam Diep, Yen Mo districts
21	Thanh Hoa	The districts of Muong Lat, Quan Hoa, Quan Son, Ba Thuoc, Lang Chanh, Thuong Xuan, Cam Thuy, Ngoc Lac, Nhu Thanh, Nhu Xuan	Thach Thanh and Nong Cong districts
22	Nghe An	Ky Son, Tuong Duong, Con Cuong, Que Phong, Quy Hop, Quy Chau, Anh Son districts	Tan Ky, Nghia Dan, Thanh Chuong districts and Thai Hoa town
23	Ha Tinh	Huong Khe, Huong Son, Vu Quang, Loc Ha, Ky Anh districts	Duc Tho, Nghi Xuan, Thach Ha, Cam Xuyen, Can Loc and Ky Anh town districts
24	Quang Binh	Tuyen Hoa, Minh Hoa, Bo Trach districts	The remaining districts and Ba Don town
25	Quang Tri	Huong Hoa, Da Krong districts, Con Co island districts and provincial islands	Remaining districts
26	Thừa Thiên Huế	A Luoi, Nam Dong districts	Phong Dien, Quang Dien, Phu Loc, Phu Vang districts and Huong Tra town
27	Danang	Hoang Sa Island District
28	Quang Nam	The districts of Dong Giang, Tay Giang, Nam Giang, Phuoc Son, Bac Tra My, Nam Tra My, Hiep Duc, Tien Phuoc, Nui Thanh (communes: Tam Son, Tam Thanh, Tam My Dong, Tam My Tay, Tam Tra, Tam Hai), Nong Son, Thang Binh (communes: Binh Lanh, Binh Tri, Binh Dinh Bac, Binh Dinh Nam, Binh Quy,  Binh Phu, Binh Chanh, Binh Que) and Cu Lao Cham island	Dai Loc, Que Son, Phu Ninh, Duy Xuyen districts (communes: Duy Chau, Duy Hoa, Duy Phu, Duy Son, Duy Tan, Duy Thu, Duy Trinh, Duy Trung), Nui Thanh (communes: Tam Xuan I, Tam Xuan II, Tam Anh Bac, Tam Anh Nam), Thang Binh (communes: Binh Nguyen, Binh Tu, Binh An, Binh Trung)
29	Quang Ngai	Ba To, Tra Dong, Son Tay, Son Ha, Minh Long, Binh Son, Son Tinh and Ly Son island districts	Nghia Hanh district
30	Binh Dinh	The districts of An Lao, Vinh Thanh, Van Canh, Phu Cat, Tay Son, Hoai An, Phu My	Tuy Phuoc district
31	Phu Yen	Song Hinh, Dong Xuan, Son Hoa, Phu Hoa, Tay Hoa districts	Song Cau Town; Dong Hoa town, Tuy An district
32	Khanh Hoa	Khanh Vinh, Khanh Son, Truong Sa island districts and provincial islands	Van Ninh, Dien Khanh, Cam Lam districts, Ninh Hoa town, Cam Ranh city
33	Ninh Thuan	Entire districts	Phan Rang – Thap Cham City
34	Binh Thuan	Phu Quy District	Bac Binh, Tuy Phong, Duc Linh, Tanh Linh, Ham Thuan Bac, Ham Thuan Nam, Ham Tan districts
35	Dak Lak	All districts and towns of Buon Ho	Buon Ma Thuot City
36	Gia Lai	All districts and towns	Pleiku City
37	Kon Tum	Entire districts and cities
38	Dak Nong	All districts and towns
39	Lam Dong	Entire districts	Bao Loc City
40	Bà Rịa – Vũng Tàu	Con Dao District	Phu My Town, Chau Duc, Xuyen Moc
41	Tay Ninh	Tan Bien, Tan Chau, Chau Thanh, Ben Cau districts	Duong Minh Chau, Go Dau, Hoa Thanh town and Trang Bang districts
42	Binh Phuoc	Loc Ninh, Bu Dang, Bu Dop, Bu Gia Map, Phu Rieng districts	Dong Phu, Chon Thanh, Hon Quan, Binh Long and Phuoc Long districts
43	Long An	Duc Hue, Moc Hoa, Vinh Hung, Tan Hung districts	Kien Tuong Town; Tan Thanh, Duc Hoa, Thanh Hoa districts
44	Tien Giang	Tan Phuoc and Tan Phu Dong districts	Go Cong Dong and Go Cong Tay districts
45	Ben Tre	Thanh Phu, Ba Tri, Binh Dai districts	Remaining districts
46	Tra Vinh	Chau Thanh and Tra Cu districts	The districts of Cau Ngang, Cau Ke, Tieu Can, Duyen Hai, Duyen Hai town, Canh Long, Tra Vinh city
47	Dong Thap	Hong Ngu, Tan Hong, Tam Nong, Thap Muoi districts and Hong Ngu town	Remaining districts
48	Vinh Long		Tra On, Binh Tan, Vung Liem, Mang Thit, Tam Binh districts
49	Soc Trang	All districts and towns of Vinh Chau, Nga Nam town	Soc Trang City
50	Hau Giang	All districts, Long My town and Nga Bai city	Vi Thanh City
51	An Giang	An Phu, Tri Ton, Thoai Son, Tinh Bien districts and Tan Chau town	Chau Doc City and the rest of the districts
52	Bac Lieu	All districts and towns	Bac Lieu City
53	Ca Mau	All districts and islands and islands of the province	Ca Mau City
54	Kien Giang	All districts, islands and islands in the province and Ha Tien town	Rach Gia City
55		Economic zones and hi-tech parks (including concentrated information technology parks established under the Government’s regulations)	Industrial parks, export processing zones and industrial clusters established under the Government’s regulations

 

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