Chapter II
INVESTMENT GUARANTY AND SUPPORT
Article 6.- Public announcement of land-use planning
The People’s Committees of the provinces and centrally-run cities shall annually publicize the land-use planning which has been ratified by the competent State agency; and publicize the unused land fund and the lease land fund together with the list of the locally-run projects called for investment, on the mass media and by publicly posting up at offices of the provincial and district People’s Committees so that the investors having a demand therefor may register the land renting or participate in bidding for renting.
Article 7.- Investors’ rights in the use of land
Investors allocated or leased land by the State or transferred with the land-use right by others shall enjoy the rights provided for by the land legislation; be entitled to the land-use levy or land-rent exemption or reduction as well as the land-use tax exemption, according to the provisions of Articles 17, 18 and 19 of this Decree.
Article 8.- Support in form of infrastructure development investment
1. On the basis of the development planning and demand in each period in the regions meeting with socio-economic difficulties and regions meeting with special socio-economic difficulties, the State shall invest in the construction of small- and medium-sized industrial parks, ensuring the technical infrastructure regarding electricity and water supply, water drainage, communication and waste treatment so that the investors may use them in service of their production and business with preferential terms.
2. In the regions meeting with socio-economic difficulties and regions meeting with special socio-economic difficulties, the State shall invest in the construction or support the investment in the construction of infrastructure projects outside the industrial parks, export-processing zones and hi-tech parks (including: traffic roads, bridges, sewers, water supply and drainage system, waste treatment system), so as to create favorable conditions for the investors’ investment, production and business activities.
3. The State encourages and creates favorable conditions for investors to set up production and business establishments in industrial parks, export-processing zones and hi-tech parks or relocate the production establishments from urban areas to industrial parks or export-processing zones through the supportive policies on preferential investment loans and tax preferences.
Article 9.- Capital contribution and competence to decide capital contribution by the State
1. The State shall contribute capital to enterprises with priority given to those located in the regions meeting with socio-economic difficulties and regions meeting with special socio-economic difficulties in order to implement investment projects in form of BOT, BTO or BT contracts or other forms through the Development Support Fund and the State-owned credit institutions, depending on the nature of each project in each period.
2. The State’s capital contribution to BOT enterprises shall be effected under the Regulation on investment in form of BOT contracts applicable to domestic investment, issued together with the Government’s Decree No. 77-CP of June 18, 1997.
Article 10.- Investment support fund
1. The State shall set up and encourage the setting up of investment support funds. Investment support funds set up with capital jointly contributed by organizations and/or individuals shall operate under the Law on Credit Institutions. The investment support funds shall provide medium- and long-term loans with preferential interest rates or partial interest-rate support for investment projects entitled to investment credit guaranty. The Government shall effect the re-guaranty through Vietnam State Bank as for the credits of the investment support funds.
2. The Government shall set up the Development Support Fund in order to provide the State’s development investment support in such forms as investment loans; post-investment support; and investment credit guaranty under the current law provisions on the State’s development investment credits. To annul the Prime Minister’s Decision No. 808/TTg of December 9, 1995 on the establishment of the National Investment Support Fund and the earlier regulations which are contrary to the Government’s Decree on organization and operation of the Development Support Fund.
3. The functions, tasks and powers as well as organizational structure and operation mechanism of the Development Support Fund shall be specified in the Fund’s Charter to be ratified by the Government.
Article 11.- Export support fund
1. The Government shall set up and encourage the setting up of export support funds. Export support funds set up with capital jointly contributed by organizations and/or individuals shall operate under the Law on Credit Institutions.
2. The National Export Support Fund set up by the Government is a non-bank credit institution operating under the Law on Credit Institutions. The National Export Support Fund shall be created and developed from the State budget capital sources and capital contributed by credit institutions, enterprises, organizations and individuals inside and outside the country on the principle of voluntariness.
The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Planning and Investment and the Ministry of Trade in elaborating and submitting to the Prime Minister a project on the setting up of the National Export Support Fund.
3. The National Export Support Fund shall provide preferential export credits and export credit guaranty in order to support enterprises producing export goods, conducting export business and expanding the export market. The concrete preferential export credit limits and export credit guaranty limits for export goods manufacturing and trading projects are stipulated in Clause 2, Article 30 of this Decree.
4. The functions, tasks and powers as well as organizational structure and operation mechanism of the National Export Support Fund shall be specified in the Fund’s Charter to be ratified by the Prime Minister.
Article 12.- National Scientific and Technological Development Support Fund
1. The Government shall set up the National Scientific and Technological Development Support Fund. The National Scientific and Technological Development Support Fund is a non-bank credit institution operating under the Law on Credit Institutions. The National Scientific and Technological Development Support Fund shall be created and developed from the State budget capital sources and capital jointly contributed by credit institutions, enterprises, organizations and individuals inside and outside the country on the principle of voluntariness.
The Ministry of Science, Technology and Environment shall coordinate with the Ministry of Planning and Investment and the Ministry of Finance in elaborating and submitting the plan on the establishment of the National Scientific and Technological Development Support Fund.
2. The National Scientific and Technological Development Support Fund shall provide credits with favorable conditions or preferential interest rates, in order to support investors in studying and applying scientific, technical and technological advances, technological transfer and renewal.
3. The functions, tasks and powers as well as organizational and managerial structure and operation mechanism of the National Scientific and Technological Development Support Fund shall be stipulated in the Fund’s Charter to be ratified by the Prime Minister.
4. The Ministry of Science, Technology and Environment shall popularize and guide the technology transfer, creating favorable conditions for investors to use with preferential charges new technologies created with the State budget capital.
Article 13.- Encouragement and support for development of investment support services.
1. The Government shall encourage and assist organizations, enterprises and individuals to set up organizations which provide such investment support services for domestic investors, as:
a/ Investment consultancy, management consultancy and technology transfer consultancy; vocational training, technical and managerial skill training;
b/ Provision of market information, scientific-technical and technological information;
c/ Intellectual property right and technology transfer;
d/ Marketing, trade promotion;
e/ Establishment of production and business branch, trade and export societies;
f/ Establishment of designing and experimenting centers to support the development of medium- and small-sized enterprises.
2. The investment support service activities mentioned in Points a, b, c and d, Clause 1 of this Article shall be classified into the domains and business lines eligible for investment preferential treatment as prescribed in List A of the Appendix issued together with this Decree.
3. The State management agencies are strictly prohibited from providing investment consultancy services to earn profits in any forms.
Article 14.- Provisions on the application of prices to investment projects under the Law on Domestic Investment Promotion
1. Enterprises set up by overseas Vietnamese directly investing in Vietnam, enterprises set up by foreigners permanently residing and directly investing in Vietnam and enterprises set up jointly by Vietnamese citizens, overseas Vietnamese and foreigners permanently residing in Vietnam, that have investment projects under the Law on Domestic Investment Promotion shall enjoy the same input prices regarding land, goods, raw materials, fuels, materials, supplies and other services like the domestic enterprises of the same category.
2. Investors being overseas Vietnamese or foreigners permanently residing in Vietnam mentioned in Clause 1 of this Article shall be entitled to apply prices and charges of services for their daily life (travelling, accommodation, hotel, electricity, water, post and telecommunication charges) like the Vietnamese residing in the country.
The Ministry of Planning and Investment shall coordinate with the relevant agencies in issuing a Circular guiding the provisions of this Article.
Tìm kiếm
Nghị định 51/1999/NĐ-CP (Bản Word)