Chương 1 Luật Đầu tư nước ngoài tại Việt Nam 1987: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1

The State of the Socialist Republic of Vietnam welcomes and encourages foreign organizations and individuals to invest capital and technology in Vietnam on the basis of respect for the independence and sovereignty of Vietnam, observance of Vietnamese laws, equality and mutual benefit.

The State of Vietnam guarantees the ownership of invested capital and other rights of foreign organizations and individuals, and provides favorable conditions and simple procedures for investment in Vietnam.

Article 2

In this Law, the following terms shall have the meanings ascribed to them thereunder:

1. foreign party means one or more foreign individuals or legal economic entities.

2. Vietnamese party means one or more business enterprises from any economic sector.

3. Foreign investment means direct investment in Vietnam, in accordance with the provisions of this Law, of foreign currency or such assets as may be approved by the Vietnamese overnment by foreign organizations and individuals for the purposes of contractual business co-operation, or for the establishment of a joint venture enterprise or an enterprise with one hundred (100) per cent foreign owned capital.

4. The two sides means the Vietnamese party and the foreign party.

5. Multi-party means a Vietnamese party and more than one foreign party, or a foreign party and more than one Vietnamese party, or more than one Vietnamese party and more than one foreign party.

6. A business co-operation contract means a contract in writing for business co-operation signed by the two or more parties which comprise the two sides.

7. A joint venture contract means a contract in writing for the establishment of a joint venture enterprise, signed by two or more parties which comprise the two sides, or a contract for the establishment in Vietnam of a new joint venture enterprise and Article 1 foreign organization or individual.

8. Contributed capital means the capital contributed by a foreign or Vietnamese party which forms part of the capital of a joint venture enterprise but does not include any loans or other credits provided to the joint venture enterprise.

9. Reinvestment means the retention of any part of profits forthe purposes of addition to an investor's initially contributed capital or for new investment in any of the forms provided for in

article 4 of this Law.

10. Prescribed capital means the initial capital of a joint venture enterprise as stated in its charter.

11. A joint venture enterprise means an enterprise set up in Vietnam either by the two sides pursuant to a joint venture contract, each side comprising one or more parties, or pursuant to an agreement between the Government of the Socialist Republic of Vietnam and Article 1 foreign government, or means a new enterprise set up in Vietnam by an existing joint venture enterprise which has contracted with a foreign organization or individual.

12. An enterprise with one hundred (100) per cent foreign owned capital means an enterprise the capital of which is one hundred (100) per cent owned by foreign organizations or individuals and which is authorized by the Government of the Socialist Republic of Vietnam to be established in Vietnam.

13. An enterprise with foreign owned capital means either a joint venture enterprise or an enterprise with one hundred (100) per cent foreign owned capital.

14. Export Processing Zone means an industrial zone with specific boundaries established by the Government and containing one or more enterprises specializing in production of goods for export and in provision of services in relation to export oriented production and other export activities.

15. Export Processing Enterprise means an enterprise establishedand operating within an Export Processing Zone.

16. Build-Operate-Transfer Contract means a document in writing signed by foreign organizations or individuals and an authorized State body of Vietnam for the construction and commercial management of an infrastructure project for a fixed duration. Upon expiry of the

duration the foreign organizations or individuals shall, without compensation, transfer the project to the Government of Vietnam.

Article 3

1. Foreign organizations and individuals may invest in Vietnam in any sectors of its national economy.

2. The State of Vietnam encourages foreign organizations and individuals to invest in the following sectors:

3. Implementation of major economic programs, export oriented production, and import substitution.

4. The use of high technology, skilled labour, and concentrated investment in the exploitation and exhaustive utilization of potential resources and in the increasing of the production capacity of existing factories.

5. Production which is labour intensive and uses existing materials and natural resources available in Vietnam.

6. Building of infrastructure projects.

7. Foreign currency earning services such as tourism, ship repairing, airports, and sea ports and other services.

A detailed list of the areas in which foreign investment is encouraged will be published by the State body in charge of foreign investment. Vietnamese private economic organizations shall be permitted to enter into business co-operation contracts with foreign organizations and individuals, in the economic sectors, and subject to the conditions, stipulated by the Government.