Chương 4 Nghị định 101/2006/NĐ-CP: Doanh nghiệp có vốn đầu tư nước ngoài không đăng ký lại và hợp đồng hợp tác kinh doanh không đổi giấy chứng nhận đầu tư

Chapter IV

FOREIGN-INVESTED ENTERPRISES WHICH ARE NOT RE-REGISTERED AND BUSINESS COOPERATION CONTRACTS FOR WHICH INVESTMENT CERTIFICATES ARE NOT RENEWED

Article 20.- Rights and obligations of enterprises which are not re-registered

1. An enterprises which is not re-registered has the rights:

a/ To continue to operate under the granted investment license and enterprise charter; to propose the modification of the investment license when necessary, except the modification of business lines and operation duration;

b/ To retain its registered name, seal, account and tax identification number;

c/ Other rights provided for by the Enterprise Law and the Investment Law.

2. An enterprises which is not re-registered has the obligations:

a/ To operate only within the business lines and duration specified in the granted investment license. The granted investment license is concurrently the business registration certificate;

b/ To observe the provisions of the Enterprise Law, the Investment Law and relevant laws.

Article 21.- Rights and obligations of parties to business cooperation contracts for which investment certificates are not renewed

1. The parties to a business cooperation contract may continue to operate under the granted investment license and the approved business cooperation contract.

2. The parties to a business cooperation contract are obliged to observe the provisions of the Investment Law and relevant laws.

Article 22.- Modification of investment licenses of enterprises which are not re-registered and business cooperation contracts for which investment certificates are not renewed

1. If, in the course of operation, foreign-invested enterprises which are not re-registered and parties to business cooperation contracts for which investment certificates are not renewed wish to modify their investment licenses, their demand shall be considered, except the modification of business lines and operation duration.

2. The investment certificate-granting agency shall approve the proposals to modify investment licenses of enterprises which are not re-registered or parties to business cooperation contracts in the form of certificates of modification of investment licenses; such a certificate of modification constitutes part of an investment license.

3. The investment certificate-granting agency shall issue a document approving the modification without modifying the investment license in the following cases:

a/ The enterprise opens a transaction office, goods store or shop for display of products (other than a production unit) in the province or centrally run city where the enterprise is headquartered;

b/ The enterprise moves its head office within the province or centrally run city.

Article 23.- Dossiers, order and competence to modify investment licenses

1. Depending on the to be-modified contents of their investment licenses, enterprises which are not re-registered and parties to business cooperation contracts for which investment certificates are not renewed shall make dossiers of modification as stipulated in the Decree guiding the implementation of a number of articles of the Investment Law and send them to investment certificate-granting agencies.

2. The order and competence to grant certificates of modification of investment licenses shall comply with the provisions on decentralization of state management of investment in the Decree guiding the implementation of a number of articles of the Investment Law.