Chương III Luật đầu tư 2005: Quyền và nghĩa vụ của nhà đầu tư

Chapter 3

RIGHTS AND OBLIGATIONS OF INVESTORS

Article 13 Right to autonomy in investment - business

[Investors shall have the following rights:]

1. To select the sector in which to make an investment, the form of investment, the method of raising capital, the geographical location and scale of the investment; an investment partner and the duration of operation of the project.

2. To register business in one or more industries and trades, to establish enterprises in accordance with law and to make its own decisions concerning its registered investment - business activities.

Article 14 Right to access and use investment resources

[Investors shall have the following rights:]

1. Equality in access to and use of sources of credit capital and aid funds, and in use of land and natural resources in accordance with law.

2. To lease or purchase equipment and machinery either domestically or overseas in order to carry out an investment project.

3. To recruit domestic employees; to recruit foreign employees to fulfil management tasks, to provide technical labour and to provide expertise in accordance with production and business requirements, unless otherwise provided in an international treaty of which the Socialist Republic of Vietnam is a member in which case such international treaty shall apply.

Article 15 Right to import and export, to conduct marketing and advertise, to process and re-process goods relevant to investment activities

[Investors shall have the following rights:]

1. To import directly or to import by way of authorized dealers; equipment, machinery, raw materials, supplies and goods for investment activities; and to export directly or to export by way of authorized dealers and to sell its products.

2. To advertise and market its products and services and to enter into advertising contracts directly with organizations which are authorized to publish advertisements.

3. To undertake activities being processing or reprocessing of products; to place orders for processing or reprocessing of goods domestically, or to place orders for processing of goods overseas in accordance with the commercial law.

Article 16 Right to purchase foreign currencies

1. Investors shall be permitted to purchase foreign currencies from credit institutions authorized to conduct foreign currency business in order to meet the demand of their current transactions, capital transactions and other transactions in accordance with the provisions of the law on foreign exchange control.

2. The Government shall guarantee or assist the foreign currency balance of a number of important projects in the sectors of energy, construction of traffic infrastructure facilities and waste treatment.

Article 17 Right to assign or adjust capital or investment project

1. Investors shall have the right to assign or adjust capital or an investment project. Where profits arise from an assignment, the assignor must pay income tax in accordance with law.

2. The Government shall provide conditions for assignment or adjustment of capital or investment projects in cases where such conditions are required.

Article 18 Mortgage of land use rights and of assets attached to land

Investors having investment projects shall be permitted to mortgage land use rights and assets attached to land with credit institutions authorized to operate in Vietnam in order to borrow capital for implementation of projects in accordance with law.

Article 19 Other rights of investors

[Investors shall have the following rights:]

1. To receive investment incentives in accordance with provisions of this Law and other provisions of the relevant laws.

2. To have access to and use public services on the principle of non-discrimination.

3. To have access to legal instruments and policies relating to investment; to data on the national economy, to data about each economic sector and to other relevant information about investment activities; and to contribute its opinions on laws and policies relating to investment.

4. To lodge complaints, to make denunciations or to institute legal proceedings relating to breaches of the law by organizations and individuals in accordance with law.

5. To exercise other rights in accordance with law.

Article 20 Obligations of investors

[Investors shall have the following obligations:]

1. To comply with the provisions of the laws on investment procedures; to carry out investment activities correctly in accordance with the registered investment contents [and/or] the provisions of the investment certificate.

The investor shall be responsible for the accuracy and truthfulness of the contents of investment registration and of the investment project file and the lawfulness of documents on certification.

2. To discharge fully financial obligations in accordance with law.

3. To carry out the provisions of the laws on accounting, auditing and statistics.

4. To perform obligations in accordance with the law on insurance, on labour; to respect the honour and dignity of employees and the customs of Vietnam.

5. To respect and create favourable conditions for employees to establish or participate in political organizations and socio-political organizations.

6. To implement the provisions of the law on protection of the environment.

7. To perform other obligations in accordance with law.