Chapter II
INVESTMENT GUARANTY AND SUPPORT
Article 6.-
1. The State recognizes and protects the rights to ownership over the property, investment capital, income as well as other legitimate rights and interests of investors.
2. Lawful investment property and capital of the investors shall not be nationalized and shall not be confiscated through administrative measures.
In case of utter necessity when, for the reason of national defense, security or national interests, the State decides to compulsorily purchase or requisition the property of investors, the latter shall be paid up or compensated according to the market prices at the time of the announcement of the decision on compulsory purchase or requisition and shall be given favorable conditions to invest in appropriate domains and/or areas.
3. In cases where any change in a legal provision that damages the interests of an investor, the State shall allow the investor to continue enjoying the prescribed privileges for the remaining period or the State shall settle satisfactorily the interests for the investor.
Article 7.- The State shall apply the following measures to create conditions for investors to have or expand their production and/or business grounds:
1. Assigning or leasing land according to the provisions of the land legislation and civil legislation;
2. Making public announcement on each locality's land use planning already approved and funds of land that have not been used and the land that needs to be assigned or leased;
3. The Government shall submit to the National Assembly Standing Committee specific provisions on cases where investors are entitled to transfer, assign, sublease, mortgage or inherit the allocated or leased land.
Article 8.- The State shall support and create favorable conditions in term of infrastructure for investors as follows:
1. Building medium- and small-size industrial parks in geographical areas meeting with difficult socio-economic conditions and areas with particularly difficult socio-economic conditions so that investors may use them as their production and/or business grounds with preferential terms;
2. Building infrastructure projects outside the perimeters of industrial parks or export processing zones so as to create favorable conditions for investment, production and business activities;
3. Encouraging and creating favorable conditions for investors to set up their production and/or business establishments in industrial parks, export processing zones and/or special economic zones.
Article 9.- The State shall contribute its capital to production and/or business establishments of various economic sectors in areas with difficult socio-economic conditions and areas with particularly difficult socio-economic conditions through State enterprises and/or State-run credit institutions.
Article 10.- The State shall set up and encourage the setting up of investment support funds and export support funds from the sources of State budget as well as contributions by credit institutions, enterprises, domestic and foreign organizations and individuals. The investment support funds shall provide medium- and long-term investment loans with preferential interest rates, partial interest rate subsidies for preferential investment projects and/or investment credit guaranty. The export support funds shall provide credits with preferential interest rates in order to support enterprises in developing the production of export goods, the trading in export goods, the expansion of export markets and provide export credit guaranty.
The operation of the investment support funds and the export support funds shall comply with the Law on Credit Institutions.
Article 11.-
1. The State encourages the dissemination and transfer of technologies and create conditions for investors to use with preferential charge levels the technologies created from the State budget sources.
2. The State shall set up the scientific and technological development support fund from the sources of the State budget as well as contributions by credit institutions, enterprises, domestic and foreign organizations and individuals in order to provide loans for investors under favorable terms and at preferential interest rates to conduct scientific research, application of technical and technological advances as well as the transfer and renewal of technologies.
The regulation on organization and operation of the scientific and technological development support fund shall be prescribed by the Government.
Article 12.- The State encourages the following investment support activities:
1. Consultancy on legal matters, investment, business and enterprise administration;
2. Job and technicians' training; professional and economic management skills fostering;
3. Providing information on markets, sciences, techniques and technologies; the protection of intellectual property rights and technology transfer;
4. Marketing and trade promotion;
5. Establishing associations of producers, traders, exporters.
Article 13.- Investment projects of investors defined in Article 5 of this Law are entitled to the same goods and services price levels set by the State, to the same tax levels and the same investment preferences.
Article 14.- In cases where Vietnamese experts and technicians remain unable to meet the professional and technical requirements, investors may hire experts and technicians who are foreigners, overseas Vietnamese or foreigners permanently residing in Vietnam according to their production and/or business demands.
Experts and technicians who are foreigners, overseas Vietnamese or foreigners permanently residing in Vietnam and work for domestic production and/or business establishments shall be entitled to transfer abroad their after-tax income according to Vietnamese law.
Tìm kiếm
Luật Khuyến khích đầu tư trong nước sửa đổi 1998 (Bản Word)