General provisions

REGULATIONS ON DEVELOPMENT PROJECTS INVESTMENT AND BUSINESS ORGANIZATION OF INVESTMENT PROJECTS Investors are responsible for implementing investment projects according to the objectives, content, schedule commitments and Investment in certificates; comply with the provisions of the land law, environmental, labor, business registration, registration of investment and the relevant law in the process of implementing investment projects.
IMPLEMENTATION PROJECTS ASSOCIATED WITH CONSTRUCTION
When investors implement investment projects of construction must comply with the provisions of the law on construction management.
RENTAL MANAGEMENT
- Investors may hire organizations and individuals for investment management and business activity management according to their operational requirements.
- The hiring of organizations and individuals is done through management contract signed between investors and institutions and individuals.
- Rights and obligations of investors, organizations and individuals that are specified in the contract.
- Management fee agreed upon by the parties in the contract and are included in the cost of business management.
- The hiring of organizations and individuals performing services management to ensure compliance with the provisions of international treaties to which Vietnam is a member.
- Organizations and individuals to perform management services to taxpayers and implementing their financial obligations under the provisions of the tax law and the relevant law.
TRANSFER OF CAPITAL
- Economic organization may transfer their capital in the business and implement procedures register, register of shareholders in the register of members, register of shareholders in accordance with the Enterprise Law and legal relevant laws.
- For enterprises with foreign investment, when corporate capital transfer to inform the investment certificate-granting agency for the transfer of capital to adjust the investment certificate.
Capital transfer conditions:
- To ensure that the requirements according to the provisions of the Enterprise Law, this Decree and relevant laws;
- To ensure the rate and conditions in accordance with the provisions of international treaties to which Vietnam is a member;
- The transfer of the capital value of land use rights must be consistent with the land laws and the relevant law.
TRANSFER PROJECT
- Investors may transfer their projects done for other investors. Conditions for transfer project shall comply with the provisions of Clause 2, Article 65 of this Decree.
- In case of transfer of project economic organizations not associated with the termination of the economic activities of the organization to transfer, the transfer of the project will comply with the conditions and procedures for the transfer of capital provided for in Article 65 this Decree.
- In case of transfer of the project associated with the termination of investment business activities of economic organizations transfer, the transfer of the project to comply with the conditions and procedures for mergers, acquisitions Article 56 of this Decree.
- In case of transfer of investment projects associated with the termination of the operation of economic institutions assignor and assignee established economic institutions to continue to implement the investment project, then perform the procedure from the provisions of this Decree.
- File transfer investment projects, including: project transfer registration documents; transfer contract projects; writing on the legal status of the transferee; report on project activities .
- The level of new investment certificates (in case of no investment certificate) or adjust the investment certificate within 10 working days after receiving complete and valid dossiers.
SUSPEND, CONSEQUENTIAL PROGRESS INVESTMENT PROJECTS
- Investors suspension or extension of the implementation of investment projects that alter the progress of implementation of investment projects committed shall be notified in writing to the state agency managing investment and the temporary suspension, extension of project progress at least 15 working days before the date of suspension or extension of the project investment.
- Where the investment certificate-granting agency does not accept the suspension or extension of the project, there must be a written reply to the investor within 15 working days from the date of receipt of notice of investors.
Where work again, investors notice in writing to the investment management agencies.
Terminate PROJECT ACTIVITIES
- The termination of activities of investment projects shall comply with the provisions of Article 65 of the Law on Investment.
- The investment certificate-granting agency may decide to terminate the activities of the project in the following cases:
+ The project has been granted an investment certificate that after 12 months, investors do not implement the project or delayed more than 12 months compared to the progress of the projects specified in the investment certificate, unless suspended or extension of the project in accordance with Article 67 of Decree No. 108/2006/ND-CP;
+ Serious violations of the provisions of law which by law must stop activities.
+ Where the judgment or decision of a court, arbitration of the termination of project activities due to serious violations of the law, the investment certificate based on the decision, the court's judgment , referee to decide to terminate the operation.
+ The decision to terminate the investment project to be sent to investors and kept at the investment certificate.
Investment certificate-granting agency based investment decision to terminate the project in order to recover the investment certificate and notify the relevant authorities.
LIQUIDATION OF INVESTMENT PROJECTS
- In the process of investment if the investment project terminated in accordance with the conditions specified in paragraphs 1, 2 and 3 of Article 65 of the Investment Law, investors informed investment certificate-granting agency , procedures for liquidation of investment projects and investment return certificate.
- Procedures for liquidation of investment projects as follows:
+ In case of liquidation of investment projects that are not associated with the dissolution of economic organization, the liquidation shall comply with the regulations on disposal and liquidation of the contract;
+ In case of liquidation of projects associated with the dissolution of economic organization, the investor can perform procedures to economic organizations under the provisions of the Enterprise Law and relevant laws.
+ Length of liquidation of investment projects shall not exceed six months from the date of decision to terminate the activities of investment projects. Where the competent State agencies allow the time limit to liquidate investment projects be extended but shall not exceed 12 months.
After the completion of the liquidation, the investor must notify the investment certificate-granting agency and return granted investment certificates.
+ In case of investors in the economic organization disputes lead to failing the liquidation of investment projects within the time limit specified in paragraph 3 of this Article shall be used to resolve disputes in a court judgment, arbitration in accordance with the law.
+ In the process of liquidation of investment projects, if economic organizations do not have the ability to pay debts, the liquidation shall terminate and be handled in accordance with the provisions of the bankruptcy law.
Bonded warehouses
- For export processing zones, industrial parks, economic organizations producing goods for export was established bonded warehouse to cater to the export and import. Goods brought into bonded warehouses are not subject to import tax.
The establishment of such warehouses and conditions for setting up bonded warehouses shall comply with the provisions of Decree No. 154/2005/ND-CP of December 15, 2005, detailing a number of articles of the Customs Law regarding customs procedures agencies, inspection and supervision.
- Goods brought into a bonded warehouse is not sold in the Vietnamese market. Where goods are not banned from import, temporary import stop, if sold in the Vietnamese market, investors have to import procedures at customs and pay import duties and perform its obligations financing in accordance with the law.
- Goods brought into a bonded warehouse are damaged, deteriorated not meet production requirements, they must be re-exported or destroyed. The destruction must be made in accordance with the provisions of the customs law, tax law and environmental law.