THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
No. 10/1998/ND-CP | Hanoi, January 23, 1998 |
ON A NUMBER OF MEASURES TO ENCOURAGE AND GUARANTEE FOREIGN DIRECT INVESTMENT ACTIVITIES IN VIETNAM
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on Foreign Investment in Vietnam of November 12, 1996;
In order to encourage and create a favorable environment for the attraction of foreign direct investment capital and to enhance the effectiveness of foreign investment activities;
At the proposal of the Minister of Planning and Investment,
DECREES:
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3. In cases where any new provisions of law adversely affect the interests of foreign-invested enterprises and parties to business cooperation contracts (hereafter referred to as enterprises) which have been already stipulated in the investment licenses, such provisions shall not apply to the already licensed investment projects.
If new and more preferential provisions are issued after the enterprises have been granted investment licenses, the investment license- granting agency shall make adjustments so that the enterprises can benefit therefrom in accordance with the provisions of this Decree.
The heads of the concerned agencies shall have to supervise, inspect and take responsibility for the activities of the agencies and personnel under their management and promptly handle all violations in accordance with the provisions of law.
2. Before issuing legal documents relating to foreign direct investment activities, the ministries, the agencies attached to the Government and the provincial People's Committees should consult the Ministry of Planning and Investment; any diverse opinions should be promptly reported to the Prime Minister.
FORMULATION OF INVESTMENT PROJECTS
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INVESTMENT INCENTIVES AND GUARANTY
2. The preferential profit tax rates applicable to foreign-invested enterprises and foreign parties to business cooperation contracts, that invest in the projects on the list of projects where investment is specially encouraged and the list of geographical areas where investment is encouraged shall apply throughout the operating duration of the projects.
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Any fraud in the price for calculating import tax to evade tax is strictly forbidden and all acts of import tax evasion shall be strictly handled in accordance with law.
- Construction materials imported to form fixed assets, which have not yet been produced in the country;
- Materials and supplies imported to manufacture equipment and machinery of the technological line or to manufacture components, details, attached parts, spare parts, jigs, molds and accessories accompanied with equipment and machinery.
The import tax exemption for the above-mentioned supplies and materials shall also apply to cases of project expansion, replacement or upgrading of technology.
2. In addition to import duty-free equipment, machinery and specialized means of transport imported to form fixed assets of enterprises under Article 63, Decree No. 12-CP, enterprises operating in the fields of hotels, offices and apartments for lease, residential houses, trade centers, technical services, department stores, golf courses, tourist resorts, sports centers, entertainment centers, clinics, training, cultural, financial, banking, insurance, auditing and consulting services shall also be entitled to one duty-free import of the equipment specified in Appendix II.B attached to this Decree.
3. The investment projects on the list of projects where investment is specially encouraged and the investment projects in mountainous, remote and deep-lying areas specified in Appendix I attached to this Decree shall be exempt from import duty on production materials for five years from the commencement of production.
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2. Foreign-invested enterprises and foreign parties to business cooperation contracts shall be permitted, when determining taxable income, to exclude their donations to Vietnamese organizations and/or individuals for charity and humanitarian purposes.
In the course of business operation, if enterprises fail to fulfill the export proportions stated in their investment licenses, they shall have to report it to the Ministry of Trade for consideration and adjustment of the annual plan on product consumption. In cases where an enterprise fails to fulfill the export proportion stated in its investment license for three consecutive years, the investment license-granting agency shall consider and adjust the export proportion and the relevant incentives stated in the investment license or withdraw the investment license.
2. Enterprises which sell their products to other enterprises to directly manufacture other products for export shall be exempt from import tax on the raw materials and turnover tax on the above-said amount of products.
Foreign-invested enterprises are entitled to export through fiduciaries or to act as export fiduciaries in accordance with the provisions of law.
3. Enterprises are entitled to purchase goods and products on the Vietnamese market for export processing or for export according to the regulations of the Ministry of Trade.
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2. Enterprises shall decide the selling prices of their products. For goods and services which are under the State's unified pricing management, their selling prices shall be within the price bracket announced by a competent State agency.
2. Production enterprises which are obliged to export their products and other enterprises which are not stated in Clause 1 of this Article shall be supported by the State Bank of Vietnam in partly satisfying their foreign currency demands in really necessary and reasonable cases for the first three years from the time the enterprises start their production and business in the following priority order:
- Import of materials and raw materials for production in the year;
- Import of spare parts;
- Payment of loan interests.
3. The State Bank of Vietnam shall consider and allow enterprises operating in the service sector (tourism, hotels, offices for lease, mass transit, schools, health, culture, equipment for lease,...) to purchase foreign currency(ies) in accordance with current regulations on the foreign exchange management .
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2. The provincial People's Committee of the locality where the investment project is located shall determine the costs of land compensation and site clearance according to the regulations of the Ministry of Finance and be responsible for organizing the compensation and site clearance.
2. Apart from sub-leasing land to enterprises for their construction, industrial zone infrastructure development enterprises shall be allowed to sub-lease the unleased land to domestic and foreign enterprises for further sub-lease to other enterprises.
STATE MANAGEMENT OVER OPERATIONS OF ENTERPRISES
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2. The People's Committees of the provincial level shall have to promptly deal with problems under their jurisdiction and provide guidance for enterprises to operate in accordance with the provisions in their investment licenses and the provisions of law.
3. The Ministry of Planning and Investment shall gather and supply information on the investment situation to the relevant ministries, agencies attached to the Government and provincial People's Committees and periodically work with the Ministry of Finance, the Ministry of Trade, the State Bank of Vietnam, the General Administration of Land, the General Department of Customs and the concerned provincial People's Committees so as to promptly deal with arising matters, respond to enterprises' recommendations and propose policies and measures to improve the investment environment.
- The provincial People's Committees or the provincial boards for the management of industrial parks (for enterprises in industrial parks) shall draw up plans and assume the prime responsibility for organizing periodical inspection to evaluate the implementation of the provisions of the investment licenses and assess the effectiveness of enterprises' operations.
- The ministries and the agencies attached to the Government shall draw up plans and assume the prime responsibility for specialized inspection to evaluate the implementation of law provisions relating to the fields under their management;
- The competent State agencies shall organize irregular inspection when enterprises show signs of law offense or have incidents.
2. The inspecting agency shall have to notify in advance the provincial People's Committee or the provincial board for the management of industrial parks of the inspection plan and contents.
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3. The periodical or specialized inspection agency shall have to inform the subject enterprise of the inspection plan and contents at least 7 days before the inspection. The time of inspection at an enterprise shall not exceed 5 working days; if the inspection time needs to be longer, the inspecting agency shall have to inform the provincial People's Committee or the provincial board for the management of industrial parks thereof.
All inspection activities not duly permitted nor in accordance with law or the abuse of inspection to cause troubles to enterprises are handled in accordance with the provisions of law. Enterprises shall be entitled to make complaints against the inspection if they deem the inspection is not in accordance with the provisions of law.
4. Within 30 days from the end of the inspection, the inspecting agency shall send a report on the inspection result to the Ministry of Planning and Investment and the concerned agencies.
1. This Decree takes effect 15 days after the date of its signing.
2. In cases where the provisions of this Decree are different from those of the government decrees regarding foreign investment which are issued before the effective date of this Decree, the provisions of this Decree shall apply.
3. The regulations of the ministries, the agencies attached to the Government and the provincial People's Committees which are contrary to this Decree are now annulled.
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ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Phan Van Khai
I. LIST OF PROJECTS WHERE INVESTMENT IS ESPECIALLY ENCOURAGED
1. Projects with 100% of products being for export;
2. Projects for the production of new or high-quality hybrid breeds of international standard and high economic efficiency;
3. Projects for processing agricultural, forestry and aquatic products for export from domestic materials which have high added value and employ intensive labor;
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5. Project for the production of new materials. rare and precious materials, projects to apply new biological technology, electronic technology, new technology for manufacturing information and telecommunications equipment; and informatic technology;
6. Export-processing enterprises, high-tech industrial enterprises in industrial parks, export processing zones and high-tech parks;
7. Projects for treatment of environmental pollution and environment protection, for waste processing and treatment;
8. Investment projects under BOT, BTO and BT contracts.
II. LIST OF PROJECTS WHERE INVESTMENT IS ENCOURAGED
1. The agricultural, forestry and fishery sectors:
- Processing of agricultural, forestry and aquatic products for export;
- Technology for the preservation of food; post-harvest preservation of agricultural products; and the application of biotechnology and biological measures in agriculture, forestry and fishery;
- The production of materials for highly-effective insecticides which are safe for human beings, domestic animals and environment.
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- Projects with intensive labor and effective utilization of natural resources available in Vietnam.
2. The industrial sector:
- Mineral exploration, exploitation and down-stream processing;
- Development of the petrochemical industry;
- Manufacture of high-quality steel, alloys, non-ferrous metals, special metals, steel cast and iron sponge for industries;
- Manufacture of machine tools for metal working;
- Manufacture of automobile and motorbike spare parts, manufacture and assembly of construction equipment, vehicles and machinery.
- Manufacture of technologically or technically advanced diesel engines of various kinds; manufacture of machines and spare parts for engines and hydraulics and compressors;
- Ship building: manufacture of equipment and spare parts for freighters and fishing vessels;
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- Manufacture of precision mechanical equipment, manufacture of molds;
- Manufacture of waste water treatment equipment;
- Manufacture of electrical medium- and high-voltage devices;
- Production of basic chemicals, pure chemicals, dyes and special-purpose chemicals;
- Production of special cement, composite materials, sound-proof, electrical-insulating and heat-resistant materials, and wood-substitute synthetic materials;
- Production of silk and fiber of various kinds, textiles for export, special fabrics for industries;
- Production of high-quality materials for production of footwear and garments for export;
- Production of high-quality packages for export goods;
- Production of materials for medicines;
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III. LIST OF FIELDS WHERE INVESTMENT IS CONDITIONAL
1. Investment in the form of joint-venture enterprise or business cooperation contract:
- Construction and commercial operation of the international or intra-regional telecommunications networks (only in the form of business cooperation contract);
- Exploitation and processing of oil and gas, rare and precious minerals;
- Construction and commercial operation of industrial park, export processing zone or high-tech park infrastructure;
- Construction business;
- Air, railway and sea transportation, mass transit; construction of airports and air terminals (BOT, BTO and BT projects shall be subject to a separate regulation);
- Production of cement, steel or iron;
- Production of industrial explosives;
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- Tourism and traveling;
- Cultural, sports and entertainment activities.
2. At least 80% of products to be exported:
Domestically manufactured industrial products which meet the qualitative and quantitative requirements and announced by the Ministry of Planning and Investment for each period of time.
3. The field of investment must be linked to the development of the source of materials:
- Dairy production and processing;
- Production of vegetal oils and cane sugar;
- Wood processing.
IV. LIST OF FIELDS BANNED FROM INVESTMENT
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2. Projects that damage Vietnam's historical and cultural relics, fine customs and practices;
3. Projects that adversely affect the ecological environment; projects for treating toxious wastes brought into Vietnam from abroad;
4. Projects that produce toxic chemicals or use toxious elements prohibited by international agreements.
V. LIST OF GEOGRAPHICAL AREAS WHERE INVESTMENT IS ENCOURAGED
A. MOUNTAINOUS, REMOTE AND DEEP-LYING AREAS
I. Northern mountainous and midland areas:
1. Ha Giang;
2. Tuyen Quang;
3. Cao Bang;
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5. Lai Chau;
6. Lao Cai;
7. Son La;
8. Yen Bai;
9. Bac Can;
10. Thai Nguyen;
11. Hoa Binh;
12. Quang Ninh: the districts of Ba Che, Binh Lieu, Quang Ha, Hoanh Bo, Cam Pha, Tien Yen, Dong Trieu and Hai Ninh;
13. Phu Tho;
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II. The red river delta:
1. Hai Duong: Chi Linh district;
2. Ninh Binh: the districts of Nho Quan, Yen Mo and Gia Vien.
III. The former zone No. 4:
1. Thanh Hoa: the districts of Lang Chanh, Thuong Xuan, Quan Hoa, Ba Thuoc, Ngoc Lac, Nhu Xuan, Cam Thuy and Thach Thanh;
2. Nghe An: the districts of Ky Son, Tuong Duong, Con Cuong, Quy Chau, Que Phong, Quy Hop, Nghia Dan, Anh Son, Tan Ky and Thanh Chuong;
3. Ha Tinh;
4. Quang Binh, excluding Dong Hoi provincial town;
5. Quang Tri: excluding Dong Ha provincial town;
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IV. The central vietnam coast:
1. Quang Nam: excluding Tam Ky provincial town;
2. Quang Ngai: excluding Quang Ngai provincial town;
3. Binh Dinh: excluding Quy Nhon provincial town;
4. Phu Yen: excluding Tuy Hoa provincial town;
5. Khanh Hoa: the districts of Khanh Son and Khanh Vinh;
6. Binh Thuan: excluding Phan Thiet provincial town;
7. Ninh Thuan: excluding Phan Rang provincial town.
V. The central highlands:
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2. Kon Tum;
3. Dak Lak;
4. Lam Dong.
VI. The eastern south vietnam:
1. Binh Phuoc;
2. Dong Nai: the districts of Tan Phu, Xuan Loc and Dinh Quan.
VII. The mekong river delta:
1. Long An: excluding Long An provincial town;
2. Dong Thap;
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4. An Giang;
5. Vinh Long;
6. Ben Tre;
7. Tra Vinh;
8. Kien Giang;
9. Can Tho: excluding Can Tho city;
10. Soc Trang;
11. Bac Lieu;
12. Ca Mau.
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(excluding the districts specified in Section A)
I. The northern and mid-land areas:
1. Quang Ninh: excluding Ha Long city, Cam Pha, Uong Bi and Mong Cai provincial towns and the districts specified in Section A;
2. Vinh Phuc: excluding Vinh Phuc provincial town and the districts specified in Section A;
3. Bac Ninh: the districts of Que Vo and Yen Phong;
II. The red river delta:
1. Ha Noi city: Soc Son district;
2. Hai Phong: the districts of Vinh Bao and Tien Lang;
3. Ha Tay: the districts of Ba Vi, My Duc, Phuc Tho, Quoc Oai, Thach That and Ung Hoa;
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5. Hai Duong: excluding Hai Duong provincial town;
6. Thai Binh;
7. Ha Nam;
8. Nam Dinh;
9. Ninh Binh: excluding Ninh Binh provincial town and the districts specified in Section A.
III. The former zone No.4:
1. Thanh Hoa: excluding Thanh Hoa city, Sam Son and Bim Son provincial towns and the districts in Section A;
2. Nghe An: excluding Vinh city and the districts in Section A;
3. Ha Tinh: excluding Ha Tinh town and the districts in Section A;
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5. Quang Tri: excluding Dong Ha provincial town;
6. Thua Thien-Hue: excluding Hue city;
IV. The central vietnam coast:
1. Da Nang city: excluding the districts of Hai Chau and Son Tra;
2. Quang Nam: excluding Tam Ky provincial town;
3. Quang Ngai: excluding Quang Ngai provincial town;
4. Binh Dinh: excluding Quy Nhon city;
5. Phu Yen: excluding Tuy Hoa provincial town;
6. Khanh Hoa: excluding Nha Trang city and the districts specified in Section A;
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8. Binh Thuan: excluding Phan Thiet provincial town;
V. The central highlands:
Excluding the provinces specified in Section A.
VI. The eastern south vietnam:
1. Ho Chi Minh City: the districts of Can Gio and Cu Chi;
2. Binh Duong: the districts of Ben Cat and Tan Uyen;
3. Tay Ninh: excluding Tay Ninh provincial town;
4. Ba Ria-Vung Tau: the districts of Long Dat and Xuyen Moc.
VII. The mekong river delta:
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2. Tien Giang: excluding My Tho provincial town;
3. Can Tho: excluding Can Tho city.
1.- Major machinery and equipment of the technological line include:
Production machinery and equipment, supplies, components and accessories for installation of the equipment system; molds accompanied with equipment and machinery, production tools...to complete activities for the production of products stated in the investment license.
2.- Ancillary machinery of the technological line includes:
1. The power supply system: all equipment, machinery and supplies for installation of a complete power supply system.
2. The water supply and drainage system: all equipment, machinery and supplies, pipes... for installation of a complete water supply and drainage system, and waste water treatment system.
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4. The air-conditioning and ventilation system in production areas.
5. Equipment and instruments for laboratories.
6. Equipment and instruments for fire prevention and fight, anti-lightning equipment and labor safety equipment...
7. The communications system.
8. Machinery and equipment necessary for the design of products or management of production.
3.- Specialized means of transport in the technological line include:
1. Specialized means of transport for production activities stipulated in the investment license.
2. Means of transport for transportation of raw materials and products in the technological line.
B. LIST OF EQUIPMENT AND FURNITURE WHICH ARE ENTITLED TO ONE DUTY-FREE IMPORT BY ENTERPRISES DOING BUSINESS IN HOTELS, OFFICE-APARTMENTS FOR LEASE, RESIDENTIAL HOUSES, TRADE CENTERS, TECHNICAL SERVICES, SUPERMARKETS, GOLD COURSES, TOURIST RESORTS, SPORTS CENTERS, ENTERTAINMENT CENTERS, CLINICS, TRAINING, CULTURAL, FINANCIAL, BANKING, INSURANCE, AUDITING AND CONSULTANCY SERVICES
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2. Reception room furniture (desks, chairs, carpets, decorative objects...).
3. Equipment and furniture for kitchens, dining rooms, restaurants, bars (various kinds of stoves, microwave ovens, smoke ventilation, deodorizers, kitchenware, glasses, plates, cups...).
4. Equipment and furniture for hotel rooms and interior decoration (beds, wardrobes, desks and chairs, televisions, refrigerators, telephones, pictures, statues, carpets...).
5. Audio-visual equipment (cassette recorders, amplifiers, speakers, video cassettes, microphones...).
6. Sanitary wares (bathtubs, toilet bowls, washbasins, mirrors, supplies for installation of the sanitary system...).
7. Water supply equipment of various kinds (water pumps, water filters, water meters, steam boilers...).
8. The air-conditioning and ventilation system (central or local air-conditioners and supplies and complete accessories...).
9. The fire prevention and fight system.
10. The electricity supply and lighting system (lamps and lights...).
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12. The communications system.
13. The transportation system (elevators, electrical transport vehicles and trolleys).
14. The laundry system.
15. The security system.
16. Equipment and furniture for gyms, swimming pools, tennis courts, hair-dressing salons, dancing halls, karaoke parlors, entertainment centers and therapeutic rehabilitation centers.
17. Lawn machinery and equipment (lawn mowers, insecticides sprayers...).
18. The water sprinkling, irrigation and drainage system
19. Golf equipment (gloves, golf clubs, golf balls...).
20. Machinery, equipment and furniture for sports and entertainment centers.
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22. Teaching and learning facilities (including tables, chairs, boards, teaching aid, experiment tools...).
23. Spare parts and accessories accompanied the above-said machinery, equipment and furniture.
24. Specialized machinery and equipment for banking and financial enterprises (safes, computers, bank note-counting machines, counterfeit note-detecting machines, communication system, security equipment and cash rollers).
File gốc của Decree No. 10/1998/ND-CP of January 23, 1998, on a number of measures to encourage and guarantee foreign direct investment activities in Vietnam đang được cập nhật.
Decree No. 10/1998/ND-CP of January 23, 1998, on a number of measures to encourage and guarantee foreign direct investment activities in Vietnam
Tóm tắt
Cơ quan ban hành | Chính phủ |
Số hiệu | 10/1998/ND-CP |
Loại văn bản | Nghị định |
Người ký | Phan Văn Khải |
Ngày ban hành | 1998-01-23 |
Ngày hiệu lực | 1998-02-07 |
Lĩnh vực | Doanh nghiệp |
Tình trạng | Hết hiệu lực |