Bản dịch văn bản 10/2000/TTLT/BKH-BTP-BNG-BCA
Joint circular 10/2000/TTLT/BKH-BTP-BNG-BCA
Cơ quan ban hành: Bộ Kế hoạch và Đầu tư
Ngày ban hành: 2000-08-15

APPENDIX 1 THE MINISTRY OF PLANNING AND INVESTMENT - THE MINISTRY OF JUSTICE - THE MINISTRY FOR FOREIGN AFFAIRS - THE MINISTRY OF PUBLIC SECURITY JOINT CIRCULAR No. 10/2000/TTLT/BKH-BTP-BNG-BCA OF AUGUST 15, 2000 GUIDING THE INVESTMENT BY OVER-SEAS VIETNAMESE AND FOREIGNERS PERMANENTLY RESIDING IN VIETNAM UNDER THE GOVERNMENT’S DECREE No. 51/1999/ND-CP OF JULY 8, 1999 DETAILING THE IMPLEMENTATION OF DOMESTIC INVESTMENT PROMOTION LAW (AMENDED) No. 03/1998/QH10 Pursuant to May 20, 1998 Domestic Investment Promotion Law (amended) No. 03/1998/QH10; Pursuant to the Government’s Decree No. 51/1998/ND-CP of July 8, 1999 detailing the implementation of Domestic Investment Promotion Law (amended) No. 03/1998/QH10 (hereinafter referred to as Decree No. 51 for short); Pursuant to the Prime Minister’s Decision No. 767/TTg of September 17, 1997 on a number of policies toward the community of overseas Vietnamese; Pursuant to the Prime Minister’s Decision No. 210/1999/QD-TTg of October 1999 on a number of policies toward Vietnamese overseas; The ministries of: Planning and Investment, Justice, Foreign Affairs and Public Security hereby jointly guide the investment by overseas Vietnamese and foreigners permanently residing in Vietnam under Decree No. 51 as follows: I. GENERAL PROVISIONS 1. Subject to the application of this Circular shall be: 1.1. Overseas Vietnamese, including: a/ Those who bear Vietnamese nationality, permanently reside and earn their living in foreign countries; b/ Those who are of Vietnamese origin, permanently reside and earn their living in foreign countries; 1.2. Those who have Vietnamese blood ties, including those who have natural fathers, natural mothers or paternal grandfathers, paternal grand mothers, maternal grandfathers and/or maternal grandmothers, who currently bear or used to bear Vietnamese nationality. 1.3. Foreigners permanently residing in Vietnam, including: a/ Foreign citizens who permanently reside, earn their living and live in Vietnam and have permanent residence cards issued by Vietnamese competent agencies; b/ Stateless persons who permanently reside and earn their living in Vietnam and have permanent residence cards issued by Vietnamese competent agencies. 2. Notarization and legalization of the investors’ papers The following foreign-language papers of the investors should be translated into Vietnamese and the translations must be notarized by Vietnamese public notary offices: - Written certifications by foreign competent authorities that the investors fall under the subjects prescribed at Point 1.2 of this Circular. - Papers, certificates and diplomas relating to the investors’ professional qualifications issued, certified or authenticated by foreign competent authorities. 3. Establishment of enterprises to implement investment projects 3.1. In order to implement investment projects under the Domestic Investment Promotion Law, investors may, in their own names, set up, on their own or jointly with Vietnamese citizens, overseas Vietnamese and/or foreigners permanently residing in Vietnam, enterprises according to the Enterprises Law or Cooperatives Law. 3.2. Investors who previously transferred their capital and/or assets to Vietnamese citizens or Vietnamese production and business establishments and made investment and/or did business in Vietnam under the names of such individuals or organizations, may fill in the procedures for change of the investors’ names under the guidance in Part VI of this Circular, if they so wish and meet all conditions therefor. 3.3. Investors may hire foreign experts and/or technicians as provided for in Article 32 of Decree No. 51. 4. The investors’ right to contribute capital and purchase shares 4.1. The investors’ contribution of capital to or purchase of shares of, State enterprises prescribed in Article 5 of Decree 51 shall be effected as follows: a/ They may contribute capital or purchase shares with a value of not exceeding 30% of the charter capital of enterprises operating in fields, branches or trades on the lists approved by the Prime Minister for each period at the proposal of the Minister of Investment and Planning. b/ The capital contribution or share purchase prescribed at Point 4.1.a of this Circular, shall be decided by the Finance Minister, for centrally-run State enterprises, or by the presidents of the People’s Committees of the provinces or centrally-run cities at the proposals of the directors of the provincial/municipal Planning and Investment Services, for locally-run State enterprises. 4.2. Investors may contribute capital to or purchase shares of, non-State enterprises in unrestricted percentages, The investors’ capital contribution or share purchase shall be effected under contracts signed between the investors and concerned enterprises. For this case, the concerned enterprises must notify in writing the agencies, which have granted them business registration certificates thereof, within 15 days after the capital contribution or share purchase is effected. 5. Branches, trades, fields and areas where investment is permitted and encouraged 5.1. Investors may invest and/or do business in all branches, trades, fields and areas under the provisions of Vietnamese law, except for those branches and trades stated in Clause 2, Article 6 of the Enterprises Law and specified in Clause 1, Article 3 of the Government’s Decree No. 03/2000/ND-CP detailing the implementation of the Enterprises Law. 5.2. Investors are encouraged to invest and/or do business in the branches, trades and fields defined in List A issued together with Decree No. 51 (hereinafter called List A for short). 5.3. Investors are encouraged to invest and/or do business in geographical areas facing difficult socio-economic conditions defined in List B; geographical areas facing extremely difficult socio-economic conditions defined in List C issued together with Decree No. 51 (hereinafter called List B and List C for short). II. INVESTMENT GUARANTY AND SUPPORT 6. Support in production and business ground areas 6.1. If investors who have investment projects under the Domestic Investment Promotion Law wish to lease land as ground for execution of their investment projects, they shall be provided with conditions to lease land. The State agencies competent to lease land shall deal with the land lease for each project on the basis of the land use purposes stated in its feasibility reports and the local socio-economic development planning, The land lease duration shall be determined according to the projects already approved by the competent State agencies but must not exceed 50 years. The quota of land areas leased to projects shall comply with law provisions. 6.2. Investors may lease land to build dwelling houses thereon for commercial purposes such as for sale to subjects permitted to buy dwelling houses or for lease in Vietnam according to the provisions of Vietnamese law. 6.3. The time of land rent exemption for investment projects in the branches, trades and fields defined in List A or investment projects in geographical areas defined in List B or List C shall be the same as that applicable to domestic enterprises of the same types as prescribed in Article 18 of Decree No. 51. 7. Investors’ rights over leased land Investors who have investment projects and are leased land by the State shall enjoy the rights prescribed in Article 7 of the Ordinance on the rights and obligations of foreign organizations and individuals leasing land in Vietnam. 8. Borrowing capital from the Development Assistance Fund Investors who have investment projects on List A or implement investment projects in geographical areas on List B or List C shall be considered for investment support from the Development Assistance Fund through such forms as investment loans; post-investment interest rate support or investment credit guaranty according to current legislation on the State’s development investment credits. 9. Tax reduction and exemption The applicable enterprise income tax rates, the enterprise income tax reduction and exemption levels, the personal income tax, the income surtax, the import taxes on equipment, machinery imported for formation of fixed assets, applicable to investment projects in the branches, trades and fields defined in List A or investment projects implemented in geographical areas defined in List B or List C shall be as the same as those applicable to domestic enterprises of the same types as prescribed in Article 20 to Article 27 of Decree No. 51. 10. Application of the one-price principle to investment projects under the Domestic Investment Promotion Law (amended) 10.1. Vietnam-based enterprises which are directly invested by overseas Vietnamese, directly invested by foreigners permanently residing in Vietnam or jointly set up by Vietnamese citizens and overseas Vietnamese or foreigners permanently residing in Vietnam, and have investment projects under the Domestic Investment Promotion Law, shall enjoy the same input prices like domestic investment projects of the same types with regard to land, goods, raw materials, fuel, materials, supplies and other services, whose prices are fixed by the Government, and are subject to the same tax rates. The State’s functional agencies as well as production and business establishments that supply input production elements with prices uniformly set by the Government shall abide by this provision. 10.2. Investors having investment projects as prescribed in Clauses 1, 2, 3 and 5, Article 1 of Decree No. 51, together with their relatives in Vietnam (if any), including spouses, natural fathers, natural mothers, natural children or lawfully-adopted children, shall enjoy the same service charges for dwelling houses, hotels, power and water supply; medical service charges, inland waterway, road and air travel fares, postal and telecommunication charges and fees and education and training fees as those applicable to Vietnamese citizens in the country. 11. One-price regime application cards and procedures for granting of one-price regime application cards 11.1. One-price regime application cards shall be granted to investors and their relatives (if any), who have investment projects prescribed in Clauses 1, 2, 3 and 5, Article 1 of Decree No. 51. One-price regime application cards shall be uniformly issued by the Ministry of Investment and Planning and be valid nationwide. The presidents of the People’s Committees of the provinces and centrally-run cities shall consider, sign and grant these cards to investors and their relatives within 7 days after the receipt of complete and valid dossiers. 11.2. A dossier requesting the one-price regime application consists of: a/ An application for the one-price regime application enclosed with the list of the investor’s relatives who are proposed to enjoy the same regime; the investor and his/her relatives each shall hand two photos showing direct face, bare head, sized 3 x 4 and taken within six months before the application is made (with their full names, and dates of birth inscribed on the back of the photos). b/ Papers proving the relatives’ relationships with the investor. 11.3. The investors shall submit the papers stated at Point 11.2 of this Circular together with the dossiers of registration of investment preferences for their investment projects to the Planning and Investment Services of the provinces or centrally-run cities where they locate their head offices or implement their investment projects. 11.4. For investment projects already implemented before the effective date of this Circular, the investors shall submit the papers prescribed at Point 11.2 of this Circular together with the notarized copies of investment preferences certificates to the provincial/municipal Planning and Investment Services that have granted investment preferences. Within 10 days after receiving the dossiers requesting the one-price regime application, the provincial/municipal Planning and Investment Services shall consider and submit them to the presidents of the People’s Committees of the provinces or centrally-run cities for decision on the granting of one-price regime application cards to the investors and their relatives. 11.5. The investors’ and their relatives’ benefits inscribed in their cards comprise those services prescribed at Point 10.2 of this Circular. 11.6. The People’s Committees of the provinces and centrally-run cities, that have granted one-price regime certification cards, shall decide the withdrawal thereof in cases where the investors’ enterprises become bankrupt or dissolved or the card users commit acts of violating the provisions in Clause 3, Article 121 of the Enterprises Law. III. PROCEDURES FOR CERTIFICATION OF PERSONS OF VIETNAMESE ORIGIN, PERSONS HAVING VIETNAMESE BLOOD TIES 12. Certification of Vietnamese nationality or loss of Vietnamese nationality 12.1. Those who fall under the subjects prescribed at Point 1.1.a of this Circular need to have valid Vietnamese passports; where they do not have Vietnamese passports, they must have one of the following papers: written certification of Vietnamese nationality; written certification of the loss of Vietnamese nationality; or written certification of citizen registration. Those who fall under the subjects prescribed at this Point are not required to fill in the procedures for certification of Vietnamese blood ties. 12.2. Those who fall under the subjects prescribed at Point 1.1.b of this Circular need to have the certificate of Vietnamese nationality, the written certification of the loss of Vietnamese nationality, or the written certification of citizen registration. 12.3. The competence, procedures and order for granting certificates of Vietnamese nationality, certificates of loss of Vietnamese nationality or written certifications of citizen registration: - The granting of certificates of Vietnamese nationality shall comply with the provisions in Articles 35 and 36 of the Vietnamese Nationality Law and Articles 17, 18 and 19 of the Government Decree No. 104/1998/ND-CP of December 31, 1998 detailing and guiding the implementation of the Vietnamese Nationality Law (hereinafter referred to as Decree No. 104/1998/ND-CP). - The granting of written certification of the loss of Vietnamese nationality shall comply with the provisions in Articles 35 and 36 of the Vietnamese Nationality Law, Articles 25 and 26 of Decree No. 104/1998/ND-CP. - The granting of written certification of citizen registration shall comply with Decision No. 713-NG-QD of May 17, 1997 of the Ministry for Foreign Affairs. 13. Procedures for certification of persons having Vietnamese blood ties 13.1. Those who fall under the subjects prescribed at Point 1.2 of this Circular need to have the written certification of Vietnamese blood ties, granted by one of the following competent agencies: a/ The overseas Vietnamese diplomatic missions or consulates; b/ The Committee for Overseas Vietnamese; 13.2. Those who request the granting of Vietnamese blood ties certification at the agencies prescribed at Point 13.1 of this Circular should make applications enclosed with the following papers (including those granted before April 30, 1975 by the former administration): a/ Papers proving the Vietnamese nationality of their blood fathers, blood mothers, paternal grandfathers, paternal grandmothers, maternal grandfathers or maternal grandmothers; where these persons had lost Vietnamese nationality, the written certifications of the loss of Vietnamese nationality are required; b/ Papers proving the applicants are blood children, paternal grandchildren or maternal grandchildren of the persons falling under the subject mentioned at Point 13.2.a of this Circular; c/ Valid foreign passports. 13.3. Where the applicants cannot obtain the papers prescribed at Points 13.2.a and 13.2.b of this Circular, they must have the following papers instead: a/ For those who apply for written certifications at the overseas Vietnamese competent agencies prescribed at Point 13.1.a of this Circular, they need to have: - Papers of the Vietnamese community in the locality where they live (it may be a society of overseas Vietnamese), that has ties with lawful organizations or agencies in Vietnam or with the Vietnamese representative missions in the concerned foreign countries) certifying in writing that the applicants have blood ties with persons who are bearing Vietnamese nationality or used to bear Vietnamese nationality. - The applicants’ CVs as by the time they apply for Vietnamese blood ties certifications. b/ For those who apply for certifications at the Vietnamese competent agencies in Vietnam prescribed at Point 13.1.b of this Circular, they need to have: - Written certifications of the applicant’s blood ties with persons who are bearing Vietnamese nationality or used to bear Vietnamese nationality by at least two Vietnamese citizens who reside in the country and have full civil act capacity, certifying that. Such written certifications must be inscribed with the full names and addresses of the certified and the certifying persons. - The applicants’ CVs as by the time they apply for Vietnamese blood ties certifications. 13.4. Within 20 working days after the receipt of the complete and valid dossiers, the Vietnamese competent agencies shall consider and grant Vietnamese blood ties certifications, if they refuse to grant, they must reply the involved persons in writing, clearly stating the reason therefor. IV. INVESTORS’ ENTRY, EXIT AND RESIDENCE 14. Investors’ entry and exit 14.1. Investors who hold valid Vietnamese passports may enter or exit Vietnam without visas. 14.2. Investors who hold foreign passports shall be given favorable conditions by the Vietnamese competent State agencies when they enter Vietnam to implement investment projects under the Domestic Investment Promotion Law (amended). 15. Residence, granting, change and withdrawal of permanent residence cards 15.1. The residence and travel of investors who fall under the subjects prescribed at Points 1.2 and 1.3 of this Circular shall comply with the provisions in Articles 11 and 12 of the April 28, 2000 Ordinance on Entry, Exit and Residence of Foreigners in Vietnam. 15.2. The granting, change or withdrawal of investors’ permanent residence cards shall be effected at the competent exit and entry management agencies under the Ministry of Public Security as prescribed in Articles 13 and 14 of the April 28, 2000 Ordinance on Entry, Exit and Residence of Foreigners in Vietnam. V. PROCEDURES FOR BUSINESS REGISTRATION AND GRANTING OF INVESTMENT PREFERENCES CERTIFICATES 16. Business registration dossiers Apart from the business registration dossiers prescribed by law for investors being Vietnamese citizens, investors need to have also the following papers: 16.1. For investors falling under the subjects prescribed at Point 1.1 of this Circular, they must submit: a/ Copies of the valid Vietnamese passports or certificates of Vietnamese nationality, the certifications of the loss of Vietnamese nationality or the certifications of citizen registration; b/ Papers and/or certificates regarding the executives’ professional qualifications in a number of branches or professions as required by the Vietnamese law; 16.2. For investors falling under the subject prescribed at Point 1.2 of this Circular, they need to have Vietnamese blood ties certifications and papers prescribed at Point 16.1.b of this Circular. 16.3. Investors falling under the subjects prescribed at Point 1.3 of this Circular need to have permanent residence cards granted by the Vietnamese competent agencies and papers prescribed at Point 16.1.b of this Circular. 17. Order and time limit for consideration of business registration 17.1. Investors may register their business in person or authorize other persons to submit dossiers to the Planning and Investment Services of the provinces or centrally-run cities where they locate their transaction offices. When submitting the dossiers, investors (or their authorized persons) must produce their passports and the originals of the necessary papers for examination and comparison. The provincial/municipal Planning and Investment Services shall receive dossiers, check passports and the validity of dossiers, and inscribe the date of reply on slips to be given to the investors according to current provisions of the Vietnamese law. 17.2. Within 15 working days after the receipt of complete and valid dossiers, the provincial Planning and Investment Services shall have to consider and effect the business registration for investors. 18. Procedures for application for investment preferences and the obligation to report on the implementation of investment preferences 18.1. In order to enjoy investment preferences under the Domestic Investment Promotion Law (amended), investors having investment projects in the branches, trades or fields where investment is encouraged as defined in List A or implementing investment projects in geographical areas defined in List B or List C must fill in the necessary procedures prescribed in Circular No. 02/1998/TT-BKH of September 24, 1999 of the Ministry of Planning and Investment. 18.2. Once every six months (in early June and December every year) enterprises that enjoy investment preferences shall have to report on the implementation of preferences they have enjoyed and are enjoying to the provincial/municipal Planning and Investment Services for sum-up and reporting to the Ministry of Planning and Investment. 18.3 Where enterprises or investors violate Vietnamese law, fail to meet all conditions for enjoying investment preferences, move to reside in another country or violate the provisions in Clauses 3, Article 121 of the Enterprises Law, the provincial/municipal Planning and Investment Services shall withdraw their investment preferences certificates and the investors’ as well as their relatives’ one-price regime application cards (if any) according to Article 33 of the Domestic Investment Promotion Law (amended). VI. CHANGE OF INVESTORS’ NAMES, CONVERSION OF CAPITAL PREVIOUSLY INVESTED IN ENTERPRISES INTO INVESTORS’ CONTRIBUTED CAPITAL 19. Conditions for change of the investors’ names in operating enterprises 19.1. Investors mentioned at Point 3.2 of this Circular, when filling in the procedures for change of investors’ names, need to have the following papers: a/ A written agreement to return to the investor the enterprise’s assets and capital which are managed by the person(s) under the investor’s name. b/ A document made by the person(s) acting in the investor’s name to voluntarily transfer the right to manage the enterprise to the investor; c/ A written agreement made by the enterprise’ founding members and capital-contributing members upon the change of the enterprise’s investors and conversion of investment capital; d/ Certification by the tax agency that the enterprise proposing the change of its investor’s name has fulfilled its financial obligations toward the Vietnamese State; e/ The investor’s application for the change of investor’s and conversion of investment capital in the enterprise’s business registration, which contains his/her commitment to abide by the enterprise’s charter and inherit its rights and obligations. 19.2. The incoming investors shall have to carry out the procedures to legitimize their ownership rights, use rights, or other rights related to the re-claimed assets according to the current provisions of Vietnamese law. 20. Conditions for converting capital previously invested in domestic enterprises under the names of Vietnamese citizens into the investors’ contributed capital Investors mentioned at Point 3.2 of this Circular who have transferred their capital and/or assets to Vietnamese citizens or Vietnamese production and business establishments and made investment and business in Vietnam under the names of such individuals or organizations, when filling in the procedures to reclaim the contributed capital in the enterprises under their own names, need to obtain a written agreement of the Vietnamese citizens or production and business establishments to return to them their assets and/or capital being managed or used by the Vietnamese citizens or production and business establishments. 21. Order, procedures and time limit for consideration of the change of the investors’ names 21.1. The provincial/municipal Planning and Investment Services shall assist the People’s Committees of the provinces and centrally-run cities in settling cases involving the change of the investors’ names. The provincial/municipal Planning and Investment Services shall receive and check dossiers then guide investors to supplement necessary papers. 21.2. In order to change the names of the owners of operating enterprises, the investors shall send their business registration dossiers to the provincial/municipal Planning and Investment Services which granted the business registration certificates to the enterprises; such a dossier comprises papers prescribed at Point 16.1 and Point 19.1 of this Circular. 21.3. After submitting complete and valid dossiers, within 20 days, the investors must authorize the change of the investors’ names at least five times on the mass media of the localities where the enterprises are operating. During this time, individuals and organizations that have rights and benefits in the enterprises must come to the enterprises for settlement of their legitimate rights and benefits. 21.4. If past the 20-day time limit for such announcement, there arise neither disputes nor complaints against the enterprises proposing the change of their investors’ names, the provincial/municipal Planning and Investment Services shall carry out the procedures to change the investors’ names, submit the cases to the presidents of the People’s Committees of the provinces or centrally-run cities for decision. 22. Other provisions relating to the change of investors’ names 22.1. The change of investors’ names shall be only effected for enterprises without disputes. 22.2. No administrative sanctions shall be imposed on the investors who previously made investment not under their own names. 22.3. The provincial/municipal Planning and Investment Services shall not permit the change of the investors’ names for enterprises where there are civil disputes or criminal-related disputes. The disputed matters, depending on their nature, may be dealt with according to law provisions on conciliation, civil or administrative procedures. VII. ORGANIZATION OF IMPLEMENTATION 23. Effect and organization of implementation 23.1. This Circular takes effects 15 days after its signing and replaces Circular No. 02-BKH/DN of May 12, 1995 of the Ministry of Planning and Investment and Joint Circular No. 11-BKH/NG of December 31, 1996 of the Ministry of Investment and Planning and the Ministry for Foreign Affairs. 23.2. If the State management agencies and enterprises meet any problems and difficulties in the course of implementation of this Circular, they should promptly report them in writing to the Ministry of Planning and Investment. The Ministry of Justice, the Ministry for Foreign Affairs and the Ministry of Public Security shall have to coordinate with the Ministry of Planning and Investment in settling arising problems. For the Minister of Planning and Investment Vice Minister VU HUY HOANG For the Minister of Justice Vice Minister HA HUNG CUONG For the Minister for Foreign Affairs Vice Minister NGUYEN DINH BIN For the Minister of Public Security Vice Minister NGUYEN KHANH TOAN