Please tell the difference between foreign-invested enterprises in the form of Limited Liabilities Companies under the former Law on Foreign Investment and foreign-invested enterprises in the form of Limited Liabilities Companies under the current Enterpr
Limited Liabilities Companies established under the former Law on Foreign Investment and those under Enterprise Law can be compared as follows: identical features: a) allocation of rights and responsibilities pro rata capital contribution: The Law on Foreign Investment (Article 6, Article 15): joint venture parties or investors marking capital contributions shall share profits and risks […]
Legal grounds to determine field in which investment is prohibited and sectors/line in which business is prohibited?
Under current laws, the legal grounds to determine the fields in which investment is prohibited and sectors/lines in which business is prohibited are as follows: 1. clause 3 Article 7 of the enterprise Law prohibits business activities that may harm the national defence, security, social order and safety history tradition, culture, merits, and good customs […]
Please clarify the conditions for business for sector/lines in which business is conditional and those for fields in which investment is conditional?
1.under the Enterprise Law, for sectors/lines stipulated in the laws investments and relevant laws to be conditional for business, the enterprise shall only conduct business in such sectors/lines if being eligible as stipulated (Clause 2,Article 7) Conditions for business shall be issued by competent agencies and are in the form of business licenses/or certificates of […]
Is foreign investors’ investment to acquire hotels and restaurants to do business considered a business in real estate?
According to clause 1, Article 4, Law on trading in real estate, the business in real estate shall include business in real estate services and business in real estate services (translator's note: repletion) Clause 2, Article 4, Law on trading in real estate stipulates that business in real estate means the investment of capital to […]
According to which document can foreign investors sep up distribution enterprises? Please provide guideline son the conditions for investing in this field?
Foreign investors from countries and territories participating in international treaties to which Vietnam is a member wishing to set up enterprises in the field distribution in Vietnam must base on the committed roadmap in accordance with 2005 Investment Law, Decree 108/2006/ND-CP, documents referred to in Q12 above and relevant document. The establishment by foreign investors […]
Which documents should be looked into to learn about sectors/lines, fields in which investment is conditional under Vietnam’s commitment following WTO’s accession which respect to the foreign-invested sector?
Sectors/lines, field in which investment is conditional are stipulated under current "specialized" decree that over 200 paper/documents that the enterprise needs to obtain before it can commerce business/production activities; At the moment, the determination of sectors/lines in which business is conditional for the purpose of issuance of business registration certificates shall be in accordance with […]
Where there are different restrictions in multi and bi-lateral commitments on foreign investors in the same sector, then which one shall apply when an investor makes investment?
Vietnam's commitments under the Bilateral Agreement on Investment Incentives and Protection, BTA, Agreement on Investment Freedom, Incentives and Protection between Vietnam and Japanese; Vietnam's WTO commitments and other multi-lateral commitments currently valid. In order to secure compliance with such bilateral and multi-lateral commitments of Vietnam, where there is different provision on the same issue according […]
Where the investment conditions stipulated under domestic legal documents are more open then those under international commitments, can investments, can investors enjoy the domestic provisions?
Under decree 108/2006/ND-CP dated 22/9/2006, Clause 2 Article 3 stipulated that: "Where Vietnamese laws are issued after Vietnam's membership to International Treaties provide for more favourable treatments as compared to such International treaties, investors shall have the right to select whether to apply International Treaties or Vietnamese Law" Accordingly, if Vietnamese Law offers better than […]
Is construction of training facilities of a school (already sep up) a development of education and training case? Is it subject to the procedures of inspection for issuance of a Investment certificate?
Article 29, investment Law on fields in which investment is conditional, point h) stipulates protects in education and training cause development. According to Investment Law, investment projects in fields in which investment is conditional must be subject to inspection. Where an investment project is for business purpose under the Investment Law, the under the Investment […]