Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
This Decree provides for:
1. The re-registration and transformation stipulated in Clauses 2 and 3, Article 170 of the Enterprise Law of foreign-invested enterprises which have been granted investment licenses under the Law on Foreign Investment in Vietnam; and the registration for new investment certificates stipulated in Clause 1, Article 88 of the Investment Law by parties to business cooperation contracts which have been granted investment licenses under the Law on Foreign Investment in Vietnam.
2. Rights and obligations of foreign-invested enterprises which are not required to make re-registration under the Enterprise Law and the Investment Law; the adjustment of investment licenses of foreign-invested enterprises which are not re-registered or do not register for new investment certificates.
Article 2.- Subjects of application
1. Foreign-invested enterprises which have been granted investment licenses under the Law on Foreign Investment in Vietnam, including:
a/ Joint venture enterprises;
b/ Enterprises with 100% foreign capital;
c/ Foreign-invested joint-stock companies set up under the Government’s Decree No. 38/2003/ND-CP of April 15, 2003, on transformation of a number of foreign-invested enterprises into joint-stock companies.
2. Investment projects in the form of business cooperation contract, which have been granted investment licenses under the Law on Foreign Investment in Vietnam.
Article 3.- Interpretation of terms
1. “Re-registration” means the business registration according to the provisions of the Enterprise Law by a foreign-invested enterprise set up under the Law on Foreign Investment in Vietnam in order to execute an investment project under the Investment Law and be granted a new investment certificate but not changing the type of enterprise stated in the granted investment license; the investment certificate is concurrently the business registration certificate.
2. “Enterprise transformation” means the transformation of the type of enterprise by a foreign-invested enterprise under the Enterprise Law and the Investment Law for which a new investment certificate is granted.
3. “Registration for a new investment certificate” means the registration by the parties to a business cooperation contract to convert the investment license into an investment certificate.
4. “Re-registered enterprise” means a foreign-invested enterprise which is granted a new investment certificate under the Enterprise Law and the Investment Law in replacement of the investment license granted under the Law on Foreign Investment in Vietnam.
5. “Transformed enterprise” means a foreign-invested enterprise which changes its form under the Enterprise Law and the Investment Law and is granted a new investment certificate.
6. “Enterprise which is not re-registered” means an enterprise which does not make re-registration within 2 years after the effective date of the Enterprise Law.
7. “Valid copy” means a notarized copy or a copy authenticated by the agency granting the original.
Article 4.- Right to decide on re-registration or transformation of enterprises
1. A foreign-invested enterprise may decide on its re-registration or transformation in accordance with the provisions of the Enterprise Law, the Investment Law and this Decree.
2. The party to a business cooperation contract may decide to register for a new investment certificate, for projects which have been granted investment licenses under the Investment Law.
Article 5.- Investment certificates and the competence to grant investment certificates
1. Investment certificates shall be made according to a form set by the Ministry of Planning and Investment. The investment certificate is concurrently the business registration certificate.
2. The competence to grant investment certificates and the state management of re-registered and transformed enterprises shall be as stipulated in the Government’s Decree guiding the implementation of a number of articles of the Investment Law.
Tìm kiếm
Nghị định 101/2006/NĐ-CP (Bản Word)