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Foreign Investment Guidelines
Provisions for foreign investment activities in Vietnam are
stipulated in the Law on Foreign Investmentamended on June 9, 2001and its
implementation documents. These include Government Decree 24/2000/ND-CP,
dated July 31, 2000; Ministry Planning and Investment Circular
12/2000/TT-BKH, dated September 15, 2000; and Government decrees on
industrial zones, processing zones, and high-technology zones.
To establish a foreign investment project, investors must contact:
- Ministry of Planning and Investment (MPI)
- Provincial People's Committee of the region where the project is
located
- Board of Management of industrial zones, export-processing zones,
or high-technology zones where the project is located
- Vietnamese partners, if applicable
Depending on the nature, scope, and location of the proposal, four
authority levels are responsible for decision-making on each project:
- The Prime Minister
- Ministry of Planning and Investment
- Provincial People's Committees
- Board of Management of industrial zones, export-processing zones,
and high-technology zones
Three levels of authority are required for the issuance of
investment licenses:
- Ministry of Planning and Investment
- Provincial People's Committees
- Board of Management of industrial zones, export-processing zones,
and high-technology zones
The Government of Vietnam reserves the right to:
- Stipulate the regions in which investment is encouraged
- Issue a list of encouraged investment projects
- Indicate the sectors in which licensing is conditional and those
in which it will not be granted
Foreign investments will be accepted in Vietnam in the following
forms:
- Business cooperation contract
- Joint venture enterprise
- Enterprise with 100 percent foreign-owned capital
- Build-Operate-Transfer contract (BOT)
- Build-Transfer-Operate contract (BTO)
- Build-Transfer contract (BT)
Forms for foreign-investment projects and investment licenses are
issued by the Ministry of Planning and Investment.
Turnaround times for investment licenses
- Projects under decision by the Prime Minister: within 45 days
from the day of receipt of a proper file
- Projects under decision by the Ministry of Planning and
Investment: within 30 days from the day of receipt of a proper file.
- Projects under decision by the Provincial People's Committee:
within 30 days from the day of receipt of a proper file
- Projects under decision by Board of Management of industrial
zones, export-processing zones, high-technology zones: within 15 days
from the day of receipt of a proper file.
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