Chương 3 Nghị định 108/2006/NĐ-CP: Quyền và nghĩa vụ của nhà đầu tư

Chapter III

RIGHTS AND OBLIGATIONS OF INVESTORS

Article 11.- Right to investment and business autonomy

1. Investors are entitled to investment and business autonomy as provided in Article 13 of the Investment Law, except for investment and business in the domains banned by law from investment and business.

2. For conditional investment domains, investors are entitled to investment and business autonomy if they meet investment conditions as required by law.

Article 12.- Right to access and use credit capital sources, land and natural resources

Investors have equal rights to access and use credit capital sources, land and natural resources in accordance with law.

Article 13.- Right to hire and employ laborers and set up trade unions

Investors are entitled to:

1. Hire domestic and foreign laborers as managers, technicians and specialists in accordance with the requirements of production and business. If a treaty to which Vietnam is a contracting party contains different provisions, the provisions of that treaty shall be applied.

2. Decide on salaries and minimum salary level for laborers in accordance with the labor law.

3. Set up trade unions in enterprises in accordance with law.

Article 14.- Rights to import, export, advertise, conduct marketing, conduct processing and re-processing related to investment activities

Investors are entitled to:

1. Directly export or entrust the export of, directly import or entrust the import of, equipment, machinery, supplies, raw materials and goods for investment activities; advertise, conduct marketing, process and re-process goods related to investment activities under the provisions of Article 15 of the Investment Law and the provisions of the commercial law.

2. Invest in the domains of importation, exportation, distribution and other commercial services in accordance with the investment law, the commercial law and treaties to which Vietnam is a contracting party.

Article 15.- Right to buy and sell goods between export processing enterprises and the domestic market

1. Export processing enterprises may buy goods from the domestic market for production, processing, re-processing or assembly of export goods or for export, except for goods banned from export.

2. Export processing enterprises may sell into the domestic market the following goods:

a/ Products made by export processing enterprises and not banned from import;

b/ Products made by export processing enterprises and needed by the domestic market;

c/ Scraps and defective products collected in the process of production which are not banned from import or are permitted for import under the commercial law and relevant laws.

3. The relationship of purchase and sale of goods between export processing enterprises and the domestic market shall be as provided for in the commercial law.

Article 16.- Right to open bank accounts and buy foreign currencies

1. Investors may open Vietnam dong and foreign currency accounts at credit institutions located in Vietnam in accordance with the law on foreign exchange management. If obtaining approval of the State Bank of Vietnam, investors may open accounts at overseas banks.

The conditions and procedures for opening, using and closing accounts at credit institutions located in Vietnam and overseas banks shall be as provided for in the law on foreign exchange management and relevant laws.

2. Investors may purchase foreign currencies from credit institutions licensed to deal in foreign currencies to meet the requirements for current transactions, capital transactions and other permitted transactions in accordance with the law on foreign exchange management.

3. The Government shall support foreign exchange balancing when licensed credit institutions cannot fully satisfy the demand for foreign currency of investors for a number of important investment projects in the following domains:

a/ Energy;

b/ Waste treatment;

c/ Construction of traffic infrastructure.

4. The Prime Minister shall decide to guarantee the foreign currency balancing for investors having investment projects in the domains specified in Clause 3 of this Article. A guarantee of foreign currency balance shall be stated in the investment certificates.

Article 17.- Right to access land funds, to mortgage land use rights and assets attached to land

1. Provincial-level Peoples Committees shall make public land use plannings and plans already approved by competent authorities so that investors can access land funds for investment development.

2. Investors may mortgage land use rights and assets attached to land with credit institutions licensed to operate in Vietnam to borrow capital for executing investment projects in accordance with the land law and relevant laws.

Article 18.- Other rights of investors

1. To enjoy investment preferences in accordance with the investment law and relevant laws.

2. To access and use public services and utilities on the principle of non-discrimination among investors.

3. To select forms of investment, scale of investment and ratio of investment capital, and to determine their investment and business activities. If a treaty to which Vietnam is a contracting party contains different provisions, the provisions of the treaty shall be applied.

4. To access legal documents and policies on investment; data on the national economy and each economic sector, and other socio-economic information relating to investment activities.

5. To give comments on investment law and policies right at the drafting stage in accordance with law.

6. To lodge complaints, denunciations or initiate lawsuits in accordance with law against any organizations or individuals that commit acts in violation of the investment law.

7. To exercise other rights as provided for by law.

Article 19.- Rights of investors in industrial parks, export processing zones, hi-tech parks or economic zones

1. In addition to the rights specified in Articles 11, 12, 13, 14, 15, 16, 17 and 18 of this Decree, investors investing in production and business activities in industrial parks, export processing zones, hi-tech parks or economic zones have the following rights:

a/ To lease or purchase workshops, offices, storehouses and storing yards already built in industrial parks, export processing zones, hi-tech parks or economic zones for production and business purposes;

b/ To use, with payment of charges, technical infrastructure works and service facilities, including systems of roads, electricity supply, water supply, water drainage, communication, wastewater treatment, waste treatment and other public works and utilities in industrial parks, export processing zones, hi-tech parks or economic zones;

c/ To transfer and receive the transfer of the rights to use, lease or sublease land on which technical infrastructure works have been built within industrial parks, export processing zones, hi-tech parks or economic zones for building workshops, offices and other works for production and business purposes in accordance with the land law and the real estate business law.

2. Investors investing and commercially operating infrastructures in industrial parks, export processing zones, hi-tech parks or economic zones have the following rights:

a/ To build workshops, offices, storehouses and storing yards in industrial parks, export processing zones, hi-tech parks or economic zones for sale or lease;

b/ To determine charge rates for lease or sub-lease of land areas with technical infrastructure; to determine charge rates for use of technical infrastructure works and other service facilities in industrial parks, export processing zones, hi-tech parks or economic zones; and to fix charge rates for lease or selling prices of workshops, offices, storehouses and storing yards, and to determine service charge rates;

c/ To collect charges for the use of infrastructure works, service facilities and public utilities in industrial parks, export processing zones, hi-tech parks or economic zones in accordance with regulations of the Ministry of Finance;

d/ To transfer to other investors the rights to use, lease and sub-lease land areas with technical infrastructure in industrial parks, export processing zones, hi-tech parks or economic zones in accordance with the land law and the real estate business law.

Article 20.- Right to investment guarantee in case of changes in law and policy

1. When a newly promulgated law or policy adversely affects legitimate interests to which investors are entitled before the new law or policy takes effect, investors shall be guaranteed either entitlement to the preferences stated in their investment certificates or application of one or some of the following measures:

a/ Continued enjoyment of the existing rights and preferences;

b/ Deduction of losses from taxable income;

c/ Adjustment of the objectives of the project;

d/ Consideration for compensation in some necessary cases.

2. With regard to the measure of compensation referred to at Point d, Clause 1 of this Article, the investment certificate-granting agency shall submit to the Prime Minister for decision the guarantee of the investors interests upon any change in law or policy adversely affecting the investors legitimate interests.

Article 21.- Obligations and responsibilities of investors

1. Obligations of investors:

a/ To comply with the investment law; and conduct investment activities in accordance with the contents of investment registration documents and investment certificates;

b/ To fulfill all financial obligations in accordance with law;

c/ To observe the laws on accountancy, audit and statistics;

d/ To perform obligations in accordance with the insurance and labor laws; to respect the honor, dignity and ensure legitimate rights and interests of laborers;

e/ To respect political or socio-political organizations and create favorable conditions for laborers to found or participate in political or socio-political organizations in accordance with law;

f/ To observe the environment law;

g/ To perform other obligations as provided for by law.

2. Responsibilities of investors:

a/ To be liable for the accuracy and truthfulness of the contents of investment registration documents, investment project dossiers and for the legality of documents in investment project dossiers;

b/ To report on their investment activities under the provisions of this Decree and relevant laws and be liable for the accuracy and truthfulness of the contents of their reports;

c/ To supply documents, materials and information relating to the contents of examination, inspection and supervisions of investment activities to competent state agencies in accordance with law.

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