Chương VI Nghị định 23/2024/NĐ-CP: Triển khai thực hiện dự án đầu tư kinh doanh

Chapter VI

INVESTMENT PROJECT IMPLEMENTATION

Article 49. Establishing an enterprise to implement the investment project of the successful investor

1. The successful investor has the right to establish an enterprise to implement the investment project or directly implement the project.  A successful foreign investor must establish an enterprise to implement the project.  The establishment, management, operation and dissolution of enterprises comply with law on enterprises, investment, and relevant laws.

2. In case of planning to establish an enterprise to implement a investment project as prescribed in Clause 1 of this Article, the investor must propose it in their bid.

3. An enterprise established by the investor in accordance with Clauses 1 and 2 of this Article has the following rights and obligations:

a) The enterprise must have 100% charter capital held by the successful investor;

b) The enterprise inherits the rights and obligations to implement the investment project that the successful investor has committed to in their bid and contract;

c) The enterprise must meet the conditions for establishment and operation in accordance with law on enterprises, investment, construction, land and special laws;

d) The investment project is non-transferable if it does not meet the conditions specified in Clause 2, Article 76 of the Law on Bidding and the conditions prescribed by the law on investment and the special laws.

4. The successful investor has the right to contribute capital and increase the charter capital of the enterprise to carry out other investment projects (if any) provided that they do not affect the rights and obligations committed in the bid and the contract.

5. In the event that the activities set forth in Clauses 3 and 4 of this Article give rise to financial obligations to the State under relevant laws, the successful investor and related parties shall fully discharge their obligations.

Article 50. Implementation of investment projects of successful investors

1. After completing compensation, support, and resettlement of the project's land area, the successful investor or enterprise established under Article 49 of this Decree will be allocated or leased land, determine land levies and land rents in accordance with land law.

2. The successful investor and the enterprise established by the successful investor shall implement the investment project in accordance with the contract and laws on enterprises, investment, construction, and land, and other relevant laws.

Article 51. Implementation of investment projects of investors approved in accordance with investment laws

1. Investors approved in accordance with Point b, Clause 1, Article 42 of this Decree are allocated land, leased land, determine land levies and land rents in accordance with land law and prescribed in Clause 1, Article 50 of this Decree.

2. Investors approved in accordance with Point b, Clause 1, Article 42 of this Decree carry out their investment projects according to the investor approval application and the investor approval decision and laws on business, investment, construction, land, and other relevant laws.