FOREWORD ...........................................................

Transcription

FOREWORD ...........................................................
C
ONTENTS
FOREWORD............................................................................................................................................................... 2
NOTE & ACKNOWLEDGEMENTS............................................................................................................................ 3
I. SOUTHERN PROVINCES – ATTRACTIVE AREA FOR INVESTMENT................................................................ 5
1. The area at a glance............................................................................................................................................... 5
2. An ideal place to locate your business in the Southern Provinces......................................................................... 6
II. LEGAL FRAMEWORK OF FDI AND ESTABLISHING FIEs IN VIETNAM............................................................ 17
1. Forms of investment............................................................................................................................................... 17
2. Procedures of investment registration and evaluation............................................................................................ 17
3. Investment incentives and restrictions.................................................................................................................... 20
• Investment incentive sectors and geographical areas ............................................................................................. 20
• Conditional investment sectors ................................................................................................................................ 20
• Restriction and prohibited investment sectors.......................................................................................................... 20
4. Doing business and implementation of FDI projects related issues........................................................................ 20
4.1. Labor and wages................................................................................................................................................. 20
4.2. Taxation............................................................................................................................................................... 22
4.3. Financial matters................................................................................................................................................. 24
4.4. Land issues.......................................................................................................................................................... 25
4.5. Environment related issues................................................................................................................................. 26
4.6. Importation – Exportation.................................................................................................................................... 27
4.7. Immigration.......................................................................................................................................................... 27
5. Setting up Branches, Representative Offices and Distribution Outlets................................................................... 27
• Representative offices.............................................................................................................................................. 27
• Branches................................................................................................................................................................... 28
• Distribution Outlets.................................................................................................................................................... 28
ANNEXES:................................................................................................................................................................. 29
1. Key legal writings on investment............................................................................................................................ 29
2. Some conditional investment sectors under Vietnam’s commitment to the WTO................................................... 29
3. Useful addresses.................................................................................................................................................... 29
4. Your potential partners’ self-introduction................................................................................................................. 29
1
FOREWORD
One of the most challenges for the developing countries is to mobilize greater financial flows for the achievement
of their national socio-economic goals. Developing countries like Vietnam nowadays require more investments,
especially FDI, that will strengthen its essential infrastructure industries and services for future stable growth.
World FDI inflows rose last year to a record level of US$1,833 billion, reflecting the 4th consecutive years of
growth. In 2007, Vietnam also attracted more FDI flows than ever before, reaching nearly US$21.3 billion, a
83% increase over 2006. Despite global FDI flows are forecasted to decline this year, developing economies are
expected to suffer less from the current financial crisis. With FDI in the first 9 months records a new level of
US$56.2 billion, Vietnam is also one of the 6 most preferred destination countries for FDI, among China, India, the
United States, the Russian Federation and Brazil, the same as in last year’s survey by UNCTAD.
In scenery of accession to the WTO, Vietnam has witnessed the economic internationalization spreading
strongly and deeply in the economy. The Southern provinces of Vietnam have flexibly and actively utilized
the Renovation Policy in attracting FDI to serve the area economic development requirements for decades.
The industrialized economic growth and aggressively structural transformation achieved in the South through
20 years is the very proof of the right decision made by the Government and the dynamic leaders from local
governments with the synergy of external and internal resources. With the competitive investment environment
created, the South, especially the Southern Key Economic Zone, plays a critical role in the attraction of FDI of the
whole country.
The current FDI situation in the South, however, is challenging with the infrastructure overload, the
shortage of supporting industries, services and facilities, the environment pollution, the limitation of qualified labor
force… It has proven difficult for the provinces with small economies, lack of resources and weak governance
systems to attract FDI into primary sectors and fields such as infrastructure, agricultural, aquaculture, forestry,
environment protection... The policy challenge is to create the appropriate conditions to facilitate investments and can
contribute to accelerated development.
To encourage greater involvement by foreign investors and to maximize the area benefits from their technology,
capital and experience is necessary for the South to promote its potentiality. The Guide published by SFIC, with
20 years of experience in investment and business support and as the focal point of Foreign Investment Agency
(FIA) in the South, is a concerted effort of the area for investment promotion and business facilitation.
Toward that purpose, this Guide book offers investors and businesses valuable information and guidance, and I
recommend it to you as a useful reference.
Hanoi, October 2008
Dr. Phan Huu Thang
FIA Director General,
Ministry of Planning and Investment of Vietnam
2
NOTE AND ACKNOWLEDGEMENTS
As the focal point for investment and business support of FIA in the South Vietnam, with more than 20
years of experience in these areas, SFIC (formerly known as the South Representative Office of MPI)
assists the 22 Southern provinces in attracting and benefiting from FDI. SFIC also promotes understanding
of key issues, particularly matters related to FDI and in building their productive capacities and international
competitiveness.
Investment & Doing Business in the Southern provinces Guide aims at providing a step by step guidance
on procedures and legal framework to establish foreign invested enterprises, with the emphasis to facilitate
foreign investors in seeking for investment opportunities in the South, and for the efficient operation and
management of FDI projects. Therefore, the prime target readers for this publication are foreign investors.
With issues related to investment promotion activities of Investment Promotion Centres (IPCs) and other
institutions those promote FDI and provide information and services to investors, and with a how-to focus, this
Guide is also recommended for practitioners in the field of investment promotion, business facilitation and FDI
management reference.
Facts and figures, information and data using in this Guide book is quoted from relevant DPIs’ reports
and other inputs and updated to 2007/2008 statistical year, unless otherwise indicated. Related laws and
regulations are applicable at the time of publishing the Guide. Some issues and regulations shall enter in to
force at the beginning of 2009 are also introduced in advance for your convenient reference.
The Guide book is prepared by a group of SFIC staff, in cooperation with VILAF - the leading law firm of local
lawyers in Vietnam. Contributions and expertise comments were received by numerous experts from relevant
MPI Departments, provincial authorities and consultants from investment consultancy and law firms. Other
inputs came from the expert meetings on investment promotion issues organized by MPI and the survey
was carried out by SFIC on IPCs organization and operation in the South, and from the Southern provincial
investment information portals. We would like to thank DPIs, IPCs who completed the questionnaires and with
the provision of data and other information on their organizations’ practices, as well as VILAF for its great
collaboration. Academic comments and suggestions received from lecturers of FTU-HCMC Branch and USSH,
especially from MA Ho My Van during the preparation for the Guide are gratefully acknowledged.
The material contained in this publication may be freely quoted or reprinted with appropriate
acknowledgement. Part of the publications and updated laws and regulations related to investing and doing
business as well as investment procedures and forms are available on the website http://fia.mpi.gov.vn; and
www.sfic.vn.
Hochiminh City, September 2008
3
ABBREVIATIONS
ACFTA
ASEAN-China Free Trade Area
ASEAN
Association of Southeast Asian Nations
BCC
BM
Board of Management
BOT
Build-Operate-Transfer
BTO
Build-Transfer-Operate
BT
CDM
CEPT
CER
CIT
DOIT
DPI
Build-Transfer
Clean Development Mechanism
Common Effective Preferential Tariff
Certified Emission Reduction
Corporate Income Tax
Department of Industry and Trade
Department of Planning and Investment
EIAR
Environmental Impact Assessment Report
EPU
Environmental Protection Undertaking
EPZs
Export Processing Zones
EZs
Economic Zones
FDI
Foreign Direct Investment
FIA
Foreign Investment Agency
FIE
Foreign-Invested Enterprise
GATT
General Agreement on Tariffs and Trade
HTZs
High-Tech Zones
IPC
Investment Promotion Center
IZs
Industrial Zones
LUR
Land Use Rights
LURC
Land Use Rights Certificate
MOIT
Ministry of Industry and Trade
MOLISA
Ministry of Labor, War Invalids and Social Affairs
MONRE
Ministry of Natural Resources and Environment
MPI
Ministry of Planning and Investment
PIT
Personal Income Tax
PPC
Provincial People’s Committee
PRC
Permanent Resident Certificate
RO
Representative Office
SBV
State Bank of Vietnam
SKEZ
UNCTAD
4
Business Cooperation Contract
Southern Key Economic Zone
United Nations Conference on Trade and Development
USD
United States Dollar
VAS
Vietnamese Accounting System
VAT
Value Added Tax
VEP
Visa Exemption Paper
VND
Vietnam Dong
WTO
World Trade Organization
I. SOUTHERN PROVINCES – AN ATTRACTIVE AREA FOR INVESTMENT
1. The area at a glance
FDI in the South from 2006 to Sep.2008 – by sector
Top ten countries of FDI investors in the South from 2006 – September 2008
Being the most important and dynamic area of Vietnam, which
is one of the fastest growing economies in the world; the South is
a preferred destination for foreign investors. Accounting for only
22,8% of the area of the country with 22 provinces, the South
attracted nearly 55 billion US dollars making up more than 55%
of total FDI capital in Vietnam.
There is no coincidence; geopolitical advantages plus
abundant natural and human resources are outstanding positive
points of the South. With a temperate climate over the course of
a year and no propensity to natural disasters, business can be
conducted at no risk. In addition to profuse natural resources,
of which oil reserves account for 93,29% of the whole country,
having the largest granary, countless orchards and the most
abundant aquatic resources, the South is plentiful supply source
for processing industry.
More than 37% of the country population resides in the South
with a young intelligent highly motivated and open-minded
labour force which has a regular supplementary influx from
other localities throughout the country account for moderate
rises in unit labor costs and make doing business in the South
significantly competitive.
Besides, the South is the largest industrial center of the
country. Companies profit from the developed infrastructure of
electricity and water supply networks and a modern telecommunication service that not all other localities have. The area
is linked to international markets through dozens of developed
ports and harbors and through Tan Son Nhat International Airport
offering transportation capacity to 10 million passengers per
year. There are also more than 3,000 kilometers of navigable
waterways, which play a significant role in transportation owing
to the extensive network of rivers in the South.
As a key factor to the development of Vietnam, the South’s
consistently strong economic growth combined with an
excellent investment environment under the administration
of dynamic leaders from local governments offer international
investors outstanding economic conditions and great investment
opportunities. This area is also highly appreciated by foreign
investors from the US, Japan, Western European countries,
Australian, ASEAN countries as a reliable partner.
It is a pleasure to welcome you to our area!
Top ten Provinces of FDI attraction in the South from 2006 – September 2008
KHÁNH HÒA
TÂY NINH
5
2. An ideal place to locate your business: the Southern provinces
A discovery tour - from the North of the area
1. Ninh Thuan province
- Location: at the northernmost of the area; 280 km from Hochiminh
City and 700kms from Da Nang of the central Vietnam.
- Area: 3,360 sq km
- Population: 576,000
- GDP per capita: US$ 398
- GDP growth rate: 11.1%
- Infrastructure:
• Phan Rang – Thap Cham, the province’s capital city is 60 km
from Cam Ranh airport.
• Ba Ngoi national port is 70 km from the North with loading
capacity of 1.2 mil MT per year, able to berth vessels with a
loading capacity of over 30,000 DWT.
• Highway: 180 km
• Land transportation:
- Main natural resources:
• Land: agricultural land is 60,113 ha, forest land is 159,895
ha, resident land is 2,880 ha, production land is 12,673 ha
• Sea: 105 km in length
• Minerals: wolfram, molipden, urine, granite
- Industrial Park: 2
- Sectors and projects calling for FDI: resort, tourism, new
urban area, seafood processing.
For more information, please visit the province investment
promotion website: www.ninhthuanitpc.gov.vn.
2. Binh Thuan province
- Location: 200 km from Hochiminh City and 150 km from Vung
Tau City of the Southern key economic zone.
- Area: 7,832 km2
- Population: 1,150,000
- GDP growth rate: 12.35%
- Infrastructure:
• Binh Thuan province lies on the North-south momentous
communication axis. In Binh Thuan, there are 03 national
Highways invested to upgrade and enlarge: National Highway
1A was compledtely in the early of the year 2000, National
Highway 55 to Ba Ria - Vung Tau and national Highway 28.
• The province possesses the islands and international
shipping routes nearby. Phu Quy - port was constructed and
enables to berth 10,000MT vessels. At present, Binh Thuan
province is investing in construction of Phan Thiet port, and
enables it to berth 2,000MT vessels. Mui Ne seaport (15,000 20,000MT vessels) will be built from 2002 to 2010.
• Railroad: The 190 km long North - South railroad crosses the
Binh Thuan province with 11 stations
- Main natural resources:
• Fisheries: With the large water territory of 52,000 square
kilometers, Binh Thuan sea has been one of the three Vietnam
biggest fishing fields, with reserve 220,000- 240,000 tons
• Agriculture-forestry: The whole province has 151,300 ha
of agricultural cultivated land in which there are over 50,000
6
ha lands of rice. In the future, the province will develop more
100,000 ha of agricultural land
• Minerals: natural mineral resources are various, great
reserve especially bicarbonate natural mineral water, there are
four great mines of glass sand at Ham Thuan Bac, Bac Binh
and Ham Tan districts with reserve of over 500 million m3 the
sand quality meeting the export standard, suitable for producing
prime glass, construction glass, glass bricks
- Industrial Park: 15
- Sectors and projects calling for FDI: seafood processing,
fertilizer, cattle food processing, tourism & resorts.
- www.binhthuan.gov.vn.
3. Lam Dong Province
- Location: 320 kms north-east from Ho Chi Minh City, a
tourism center with temperate climate and green vegetables
cultivating area
- Area: 9,765 sq kms
- Population: 1,121,814
- GDP growth rate: 15.1%
- GDP per capita: USD1,240
- Infrastructures:
• Lien Khuong airport is currently being upgraded to become
an international airport
• Roadway: 20, 27, 28 link to HCM City, south-east and
highland provinces
- Main natural resources:
• Land: with temperate climate in tropical zone; well-known
as the center of travel and recuperation in Vietnam; suitable for
cultivating long-term industrial trees
• Minerals: bauxite, bentonite, kaolin
- Industrial Zones: 2 (359 ha); land leasing fee in IZs: from
0.12-0.15 USD/m2/year
- Sectors calling for FDI: tourism, resorts, development of new
urban area, agricultural development.
- www.lamdong.gov.vn
4. Binh Phuoc Province
- Location: belongs to SKEZ, 100 kms from Ho Chi Minh City
and borders Cambodia
- Area: 6,856 sq kms
- Population: 653,926
- GDP growth rate: 8.5%
- GDP per capita: USD724
- Infrastructures:
• Roadway: national roads 13, 14 link Binh Phuoc to Ho Chi
Minh City, south-east, highland provinces and Cambodia
- Main natural resources:
• Land: alkaline soil, alluvial soil, gray soil, red-yellow soil
• Minerals: bauxite, kaolin, laterite
- Industrial Zones: 2 (309 ha); land leasing fee in IZs: 0.3-0.4USD/
m2/year.
- Sectors and projects calling for FDI: processing of
agricultural products, production of cattle-feed, cattle-breeding,
meat processing, and production of industrial products that
use rubber.
- www.binhphuoc.gov.vn
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5. Tay Ninh Province
- Location: in the SKEZ; 90 kms from Ho Chi Minh City, 250
km from the capital of Cambodia
- Area: 4,035 sq kms
- Population: 1,096,000
- GDP growth rate: 17.0%
- GDP per capita: USD853
- Infrastructures:
• Roadway: national roads 22A, 22B link to HCM City and
Cambodia
• Waterway: transportation on Saigon river and Vam Co Dong
river (to be developed to attain 3 grade standards by the year
2010); able to receive 2,000-ton vessels
- Main natural resources:
• Land: agriculture land (278,500 ha), forestland (69,700
ha) suitable for planting sugar-cane, rubber, corn, peanut,
tobacco, etc.
• Minerals: limestone, peat, gravel, clay, sand; grey soil, alum
soil, red-yellow soil
- Industrial Zones: 3 (3,353 ha); land leasing fee in Izs: from
USD39.5m2/44 years.
- Sectors calling for FDI: developing Izs, building of
new industries and infrastructures, tourism, garment, food
processing, etc.
- www.tayninh.gov.vn
6. Binh Duong Province
- Location: situated in the SKEZ, 30 kms north-west from Ho
Chi Minh City.
- Area: 2,696 sq kms
- Population: 742,790
- GDP growth rate: 17.1%
- Infrastructure:
• Roadway: national roads 13, 14 link Binh Duong to Ho Chi
Minh City, south-east and highland provinces
• Waterway: water transportation on Song Be and Dong Nai
rivers.
- Main natural resources:
• Land: forest land (13,000 ha), alkaline land (3,304 ha),
alluvial land (15,725 ha), gray land (142,445 ha), red yellow soil
(65,243 ha)l; suitable for long-term industrial trees, orchards,
construction materials
• Minerals: peat, kaolin (256 mill. tons), clay (629 mill. m3),
construction stones (220 million m3), sand (25 million m3).
- Industrial Zones: 24 (6,821 ha); land leasing fee in IZs: 0.5-2.0
USD/m2/year.
- Sectors calling for FDI: infrastructure, new urban area,
tourism, construction materials, long-term industrial, and planting
of fruit-bearing trees.
- www.binhduong.gov.vn
8
7. Ba Ria - Vung Tau Province
- Location: in the SKEZ, 120 kms south-east from Ho Chi Minh City
- Area: 2,000 sq kms
- Population: 973,130
- GDP growth rate: 12.4%
- GDP per capita: USD3,205
- Infrastructures:
• Roadway: national roads 51 to HCMC, 55 to Binh Thuan, 56
to Dong Nai
• Port: 14 ports in operation; total handling capability is 4 million
tons per year; able to berth 60,000 DWT vessels; Thi Vai ports
system plays significant role in developing economy of SKEZ
• Airport: Vung Tau airport; Con Dao airport, now servicing
domestic flights
- Main natural resources:
• Land: agriculture land (109,800 ha), forestland (35,700 ha)
• Sea: 160 km coastline, potential for transportation and
sea-based economic development (aquaculture, tourism, etc);
Ba Ria-Vung Tau offshore is the center of oil and gas exploitation
industry of Vietnam
• Minerals: crude oil (1.5 billion tons); gas (1,000 billion
m3); glass sand (41 million tons); granite (1,324 million tons);
materials for construction
- Industrial Zones: 10 (4,696 ha); land leasing fee in IZs: from
USD1.27-1.54 m2/year.
- Sectors calling for FDI: tourism, resort, new urban areas, oil
refinery, energy, logistics for ports, and IZs.
- www.baria-vungtau.gov.vn
8. Dong Nai Province
- Location: in the SKEZ, 30 kms north-east from Ho Chi
Minh City.
- Area: 5,904 894 sq kms
- Population: 2,405,112
- GDP growth rate: 17.1%
- GDP per capita:USD1,105
- Infrastructures:
• Railway: lies on North-South national railway line.
• Roadway: National Roads 1A of the North-South transportation axis and National Highway 51 link to Ho Chi Minh City and
Ba Ria Vung Tau Province
• Waterway: water transportation on Dong Nai River.
• Ports: Long Binh Tan port on Dong Nai river and Go Dau A
port on Thi Vai river are able to berth 2,000 GRT ships now and
10,000 DWT ones in the near future
• Airport: based on master plan, Long Thanh international airport
will be built with capacity of 100 million passengers per year.
- Main natural resources:
• Land: agricultural land (476,000 ha), forest land (179,807
ha); suitable for industrial trees and fruits, and residential areas
• Minerals: bauxite (450 million m3), lead, zinc, gold, kaolin,
stones, clay
- Industrial Zones: 29 (9,076 ha); land leasing fee in IZs: 0.4-2.5
USD/m2/year.
- Sectors calling for FDI: infrastructure, new urban areas,
high-tech and supporting industries, high-tech agriculture,
health, and education.
- www.dongnai.gov.vn
9
9. Ho Chi Minh City
- Location: 1,730 kms from Hanoi, with the largest port system
and airport in Vietnam; hub of the SKEZ; at the geographic
center of Southeast Asia
- Area: 2,095 sq kms
- Population: 6,425,000
- GDP growth rate: 12.6%
- GDP per capita: USD2,180
- Infrastructures:
• Air: Tan Son Nhat International Airport, with leading
international routes and can receive nearly 20 million passengers
per year
• Railroad: Saigon station is the last stop of North-South
railway line
• Port: Saigon Port with a capacity of 10 MT a year.
- Industrial Zones: 15; land leasing fee in IZs and EPZs: 46 USD/
m2/49years - 108 USD/m2/36 years
- Sectors calling for FDI: services: banking, finance, insurance,
trade, IT, sea and air, real estate, logistics, tourism, health,
high quality education; industries: mechanical, manufacturing,
electronic, telecommunication, information, chemical, pharmaceutical, food and foodstuff processing.
- www.hochiminhcity.gov.vn
10. Long An Province
- Location: in the SKEZ, 50 kms south-west from Ho Chi Minh
City and borders Cambodia
- Area: 4,493 sq kms
- Population: 1,707,000
- GDP growth rate: 14.1%
- GDP per capita: USD800
- Infrastructures:
Roadway: national roads 1A, 62 link Long An to Ho Chi Minh
City, SKEZ, and Mekong River Delta provinces
Waterway: Vam Co Dong and Vam Co Tay rivers
Main natural resources:
• Land: fertile agricultural land for planting rice (2 million tons
a year); 45,000 ha of forestry land can supply 1.3 million m3 of
wood for industries
• Freshwater: abundant freshwater products are available
from rivers, canals, and Dong Thap Muoi region
• Minerals: peat (2.5 mill. tons), clay
- Industrial Zones: 12 (2,640 ha); land leasing fee in IZs: 50-95
USD/m2/48years
- Sectors calling for FDI: rice processing, textile, agriculture,
hospitals, transportation and tourism infrastructures.
- www.longan.gov.vn
10
11. Tien Giang Province
- Location: in the SKEZ and Mekong River Delta, 70 kms
southward from Ho Chi Minh City
- Area: 2,482 km2
- Population: 1,734,000
- GDP growth rate: 13.0%
- GDP per capita: USD645
- Infrastructures:
• Highways: 1A, 30, 50, and 60 link Tien Giang to Ho Chi Minh
City, SKEZ and Mekong River Delta provinces
• Port: My Tho port receives 3,000 DWT ships; with capacity
of 450,000 tons yearly
- Main natural resources:
• Land: alluvial soil , alkaline soil
• Freshwater: abundant freshwater products are available
from rivers and canals
• Sea: fishing field with 32km-coastline supplies tens of
thousands of sea products a year.
• Water: coastline of 32 kms
• Minerals: clay (6 million m3), peat (1 million tons), sand (93
million m3)
- Industrial Zones: 4 (1,101 ha); land leasing fee in IZs: 33-60
USD/m2/48 years
- Sectors calling for FDI: aquaculture, foodstuff processing,
tourism, agriculture, pharmacy, garment, shoes.
- www.tiengiang.gov.vn
12. Ben Tre Province
- Location: in Mekong River Delta, 86 kms southward from Ho
Chi Minh City
- Area: 2,315 sq kms
- Population: 1,400,000
- GDP growth rate: 9.1%
- GDP per capita: USD585
- Infrastructures:
• National roads 57, 60 link Ben Tre to other provinces in the
Mekong Delta and Ho Chi Minh City; bridge, to be completed
soon, will significantly contribute to the development of the
province; Waterway: 65 km coastline; Tien, Co Chien rivers
and canal system (6,000 kms) play important role in water
transportation between the provinces in region
Main natural resources:
• Land: .alluvial soil, alkaline soil (3,286 ha), salt-marsh (96,739
ha)’ well-known as coconut land of the country
• Freshwater: abundant freshwater products are available
from rivers and canals
• Sea: large fishing field can supply more than 100,000 tons of
sea products per year
- Industrial Zones: 2 (173 ha); land leasing fee in IZs: 0.5-0.6
USD/m2/year.
- Industrial Zones: 3
- Sectors calling for FDI: agriculture, agriculture & seafood
processing, aqua-feed processing.
- www.bentre.gov.vn
11
13. Dong Thap Province
- Location: in the Mekong River Delta, 165s km south-west
from Ho Chi Minh City
- Area: 3,238 sq kms
- Population: 1,674,000
- GDP growth rate: 16.0%
- GDP per capita: USD583
- Infrastructures:
• Roadway: national roads 30, 54, and 80 link Dong Thap to
other provinces and Cambodia
• Waterways: rivers and canal system (2,838 kms) play
important role in water transportation between the provinces in
region
- Main natural resources:
• Land: alluvial soil (191,769 ha), alkaline soil (84,382 ha)
• Freshwater: abundant freshwater products are available
from rivers, canals, and Dong Thap Muoi region
• Minerals: clay, kaolin, sand, peat (2 million m3) ,
- Industrial Zones: 3 (255 ha); land leasing fee in IZs: 0.3-0.8
USD/m2/year
- Sectors calling for FDI: high quality rice processing, fruit juice
processing, aquatic products processing, cattle and aquaculture
food processing, urban and IZs development, tourism.
- www.dongthaptrade.com.vn
14. An Giang Province
- Location: belongs to Mekong River Delta, 100 kms north-west
of Can Tho
- Area: 3,406 sq kms
- Population: 2,200,000
- GDP per capita: USD 788
- GDP growth rate: 13.6%
- Infrastructures:
• Roadway: national roads No.1, 80, and 91 connect An Giang
to other provinces in the Mekong River Delta and Cambodia
• Waterway: Tien and Hau rivers
• Ports: My Thoi river port can handle 10,000 DWT freighters;
Binh Long, 2,000 DWT
- Main natural resources:
• Land: alluvial soil (44.5%); alkaline alluvial soil (27.5%),
ancient alluvial soil (7.3%); An Giang is famous as the biggest
producer of rice in the country
• Freshwater: biggest exporter of freshwater fish in Vietnam
• Minerals: granite (7 billion m3), sandstone (400 million m3), clay
(40 million m3), kaolin (2.5 million tons), peat (16.4 million tons)
- Economic and Industrial Zones: 3 border gate EZs and 3 IZs
(358 ha); land leasing fee in IZs: 0.50-0.65 USD/m2/year.
- Sectors calling for FDI: transportation, aquaculture, foodstuff
processing, mechanical manufacturing, tourism, traditional
handicrafts, vocational training, tourism.
- www.angiang.gov.vn
12
15. Vinh Long Province
- Location: belongs to Mekong River Delta province, 136 kms
south-west from Ho Chi Minh City and 30 km eastward from
Can Tho City
- Area: 1,479 sq kms
- Population: 1,062,000
- GDP growth rate: 13.3%
- GDP per capita: USD626
- Infrastructures:
• Roadway: 1A, 53, 54, 57, 80 link Vinh Long to Ho Chi Minh
City, SKEZ and provinces in Mekong River Delta
• Waterway: rivers and canal system (731 kms) play important
role in water transportation between the provinces in region
• Ports: Vinh Long port receives 3,500 DWT ships and 300,000
tons of cargo a year; Binh Minh port can berth 5,000 GRT ships,
has a capacity of 588,000 tons of cargo a year
- Main natural resources:
• Land: alluvial soil, and alkaline soil
• Freshwater: lies between Tien and Hau rivers, freshwater
aquaculture area has potential for investment with about 35,480 ha.
• Minerals: clay (100 million m3), peat, and sand (135 mill. m3),
which can be used to produce construction materials
- Industrial Zones: 2 (380 ha); land leasing fee 20-50 USD/
m2/50 years.
- Sectors calling for FDI: traditional handicraft production,
aqua and agriculture product processing, apartments, public
transportation, infrastructure development
- www.vinhlong.gov.vn
16. Tra Vinh Province
- Location: belongs to Mekong River Delta, 200 kms southward
from Ho Chi Min City
- Area: 2,290 sq kms
- Population: 1,050,000
- GDP per capita: USD 507
- GDP growth rate: 13.74%
- Infrastructures:
• Roadway: national roads 53, 54, and 60 link to 1A to Mekong
River Delta and SKEZ provinces
• Waterway: 65 km coastline; and rivers and canal system play
important role in water transportation between the provinces in
region; Co Chien river and Bassac rivers can accommodate
vessels with a capacity of 3,000 DWT
• Port: Long Duc river port can berth 3,000 DWT vessels
- Main natural resources:
• Land: agricultural land suitable for rice planting and orchards
(25,000 ha)
• Freshwater: lies between Tien and Hau rivers; freshwater
aquaculture is very developed
• Sea: large fishing field can supply more than 100,000 tons of
sea products per year.
• Minerals: clay (45.6 mill. tons), sand for construction (24,000 ha)
- Industrial Zone: 1 (100 ha); land leasing fee 0.09-0.18 USD/
m2/year.
- Sectors calling for FDI: sea port, thermal power plant, infra-
structure, cattle feed processing, tourism, processing of aqua
and agriculture product.
- www.tiptravinh.com.vn
13
17. Can Tho City
- Location: at the heart of Mekong River Delta; main town
previously known as Tay Do
- Area: 1,400 sq kms
- Population: 1,150,000
- GDP per capita: USD 1,130
- GDP growth rate: 15.6%
- Infrastructures:
• Roadway: national roads 1A, 61, 91 link Can Tho to Ho Chi
Minh City and other provinces
• Waterway: rivers and canal system play important role in
water transportation between the provinces in region
• Ports: Can Tho port can berth 10,000 DWT vessels; Cai Cui
river port can receive 20,000 DWT vessels capacity-5mill. tons/
year..
• Airport: Tra Noc Airport now upgrading for international
flights will be completed at the end of 2009
- Main natural resources:
• Land: soil suitable for cultivating food crops, cash-crops, short-term
industrial crop, and tropical specialty fruits (130,000 tons)
• Freshwater: the province can supply 160,000 tons of products
every year, especially Basa and Tra fishes.
- Industrial Zones: 3 (920 ha); land leasing fee 32-75 USD/
m2/50 years.
- Sectors calling for FDI: mechanical and electronic
manufacturing, developing transportation infrastructure and IZs,
new urban areas, tourism, and hospitals.
- www.cantho.gov.vn
18. Hau Giang Province
- Location: belongs to Mekong River Delta, 240 kms south-west
from Ho Chi Minh City.
- Area: 1,608 sq kms
- Population: 800,000
- GDP per capita: USD 850
- GDP growth rate: 13.1%
- Infrastructures:
• Road: national roads 1A and 61 link Hau Giang to other cities
and provinces in the region
• Waterways: river and canal system plays an important role in
water transportation between the provinces in region
- Main natural resources:
• Land: fertile resource suitable for cultivating food
crops, cash-crops, short-term industrial crops, and tropical
specialty fruits
- Industrial Zone: 1 (300 ha); land leasing fee in IZ: 0.16 USD/
m2/year.
- Sectors calling for FDI: processing, export of
agricultural product, food, tourism, developing infrastructure
- www.haugiang.gov.vn
14
19. Kien Giang Province
- Location: south-southwest of Vietnam, belongs to Mekong
River Delta and borders Cambodia
- Area: 6,269 sq kms
- Population: 1,768,000
- GDP growth rate: 13.3%
- GDP per capita: USD842
- Infrastructures:
• Roadway: national road 80 links Kien Giang to other
provinces in the Mekong River Delta
• Waterway: rivers and canal system (2,409 kms) play an
important role in transporting goods to other provinces and Ho
Chi Minh City
• Port: Rach Gia, Hon Chong, Ha Tien, Duong Dong, and An
Thoi are being upgraded to enhance capacity
• Airport: Rach Gia and Phu Quoc airports now available for
domestic flights
- Main natural resources:
• Land: agricultural land (422,332 ha), forestry land (118,713
ha), and special alluvial soil
• Freshwater: tens of thousands tons of freshwater products
every year
• Sea: coastline is 200 kms; fishing field 63,300 km2; with
aquaculture products capacity of 464,000 tons a year
- Industrial Zones: 2 (598 ha), under construction
- Sectors calling for FDI: tourism, resort, aquaculture, food
processing, developing infrastructures
- www.kitra.com.vn
20. Soc Trang Province
- Location: a Mekong Delta province, 270 kms from Ho Chi
Minh City, 100 kms from Can Tho City
- Area: 3,223 sq kms
- Population: 1,302,562
- GDP per capita: USD628
- GDP growth rate: 13.45%
- Infrastructures:
• Roadway: national roads 1A, 60 link Soc Trang to Ho Chi
Minh City, SKEZ and provinces in Mekong River Delta
• Waterway: 72 km coastline, rivers and canal system play
important role in water transportation between the provinces in
region
• Port: Tran De port can berth about 700 fishing vessels
- Main natural resources:
• Land: fertile agricultural land (249,088 ha) occupied 77%
of total land, good for rice cultivation and orchards; forest land
(11,800ha)
• Freshwater: abundant freshwater products are available
from rivers, canals in the province
• Sea: fishing field can supply tens of thousand tons of sea
products a year
- Industrial Zones: 1 (251 ha); land leasing fee in IZs: 0.30-1.06
USD/m2/year
- Sectors calling for FDI: agriculture and aquaculture
processing, infrastructure, traditional products, sea port, tourism,
education, irrigation systems
- www.soctrang.gov.vn
15
21. Bac Lieu Province
- Location: belongs to Mekong River Delta, located at Ca Mau
peninsula; known as the south pole of Vietnam
- Area: 2,582 sq kms
- Population: 858,000
- GDP per capita: USD 760
- GDP growth rate: 11.9%
- Infrastructures:
• Roadway: national road 1A links Bac Lieu to Ho Chi Minh
City, SKEZ and provinces in Mekong River Delta
• Waterway: coastline and river and canal system play
important role in water transportation between the provinces
in region
- Main natural resources:
• Land: agricultural land (98,309 ha), forest land (4,832ha)
• Freshwater: potential with aquaculture area of 120,714 ha
- Infrastructures:
• Highway: 1A
- Main natural resources:
• Land: agricultural land, forest land 4,832 ha, land for
aquaculture and salt production 124,714 ha
• Water: 56 km coastline, with abundant fishing field supplying
tens of thousand tons of sea products per year
- Industrial Zones: 1 (under construction)
- Sectors calling for FDI: food, agriculture, aquaculture
processing, cattle feed, garment, establishment of IZs, tourism,
new urban areas, health, education
- www.baclieu.gov.vn
22. Ca Mau Province
- Location: last province on the southern tip of Vietnam,
belongs to Mekong River Delta
- Area: 5,211 sq kms
- Population: 1,250,000
- GDP growth rate: 12.4%
- GDP per capita: USD 768
- Infrastructures:
• Port: Nam Can; able to berth 5,000 DWT vessels; goods
loading capacity is 2,000 tons per day
• Airport: Ca Mau airport, available for domestic flights
• Waterway: total length of 6,000 kms
- Main natural resources:
• Land: salt-marsh covers 40%, alkaline soil 52%; forest land
(110,000 ha)
• Freshwater: abundant with capacity of about 100,000 tons
of products a year)
• Sea: a large fishing field of 80,000 km2, can supply hundreds
of thousand tons of sea products a year; aquaculture planting
area is 270,000 ha (shrimp: 240,000 ha); coastline is 254 kms)
• Minerals: oil and gas (172 billion m3), peat (5,000 ha)
- Industrial Zones: 4 (760 ha); land leasing fee in IZs: 28-48
USD/m2/48 years.
- Sectors calling for FDI: cattle and aquaculture feed
processing, developing IZs, garment, supermarkets, canned fish
16
processing, tourism, hotels, and fertilizer
- www.camau.gov.vn
II. LEGAL FRAMEWORK OF FDI AND ESTABLISHMENT
OF FOREIGN-INVESTED ENTERPRISES IN VIETNAM
The National Assembly of Vietnam passed the Law on
Investment (“Investment Law”) in November 2005 in order
to create a unified legal regime for investment activities on the
basis of equality, fair competition, transparency and stability.
The Investment Law articulates the general principle regarding
a domestic or a foreign investor’s freedom in choosing their
investments in Vietnam. Investors have the rights to invest in any
sector of the Vietnamese economy, except in certain prohibited
business sectors and specific conditional business sectors, and
to select the form of their investment.
1. Forms of investment
Direct investment
The Investment Law defines direct investment as a form of
investment whereby the investors invest capital and participate in
the management of the investment. The investors are permitted
to carry out the following types of direct investment:
A. Economic entities with 100% capital from foreign
investors
Foreign investors are permitted to establish economic entities
wholly-owned by such foreign investors. A wholly foreign-invested economic entity can be established in one of the following
business types in accordance with the Law on Enterprises:
Private Enterprise: a company owned by one individual who
is liable for all the activities of the enterprise to the extent of all
his or her personal assets. Each individual is allowed to establish
one private enterprise only;
One-Member Limited Liability Company: a company owned
by one organization or individual. The company’s owner is liable
for all debts and other property obligations of the company within
the amount of the charter capital of the company;
Limited Liability Company with Two or More Members:
a company in which members may be organizations and/or
individuals. The number of total members shall not exceed fifty
(50). The members of the company are liable for the debts and
other property obligations of the company to the extent of the
amount of capital they have contributed to the company;
Partnership: a company where there are at least two
co-owners who jointly conduct business under one common
name. Such co-owners, who must be individuals, are liable for
the obligations of the partnership to the extent of all their personal
assets. In addition to the co-owners of the partnership, there are
capital-contributing members in the partnership. These capitalcontributing members are liable for the debts of the partnership
to the extent of the amount of capital they have contributed to
the partnership; or
Joint Stock Company: a company where the charter capital
is divided into equal portions called shares. Owners of these
shares are called shareholders and may be organizations and/or
individuals. There must be no less than three shareholders and
there is no restriction on the maximum number. Shareholders are
liable for the debts of the company to the extent of the amount
of capital they have contributed to the company. The company
may issue all types of securities to mobilize funds.
B. Joint venture company
A joint venture company is a company created between
Vietnamese investor(s) and foreign investor(s). A joint venture
company can be established in one of the following business
types in accordance with the Law on Enterprises:
(i) a limited liability company with two or more members;
(ii) a joint stock company; or
(iii) a partnership.
C. Methods of structuring an investment by contract
An investor may sign a BCC to co-operate in the production
of products, to share products or profits, or to engage in other
forms of business cooperation.
An investor may also sign the following contracts: BOT, BTO, or
BT, with competent state bodies in order to implement projects such
as the construction, expansion, modernization and operation of
infrastructure projects in the sectors of traffic, electricity production
and business, water supply or drainage, waste treatment, and
other sectors as stipulated by the Prime Minister.
D. Capital contribution or purchase of shares
Investors may contribute capital to, and purchase shares in,
companies and branches operating in Vietnam to participate in the
management of investment activities. The ratio of capital contribution
and shares purchase by foreign investors in certain business sectors
and industries are regulated by the Government.
E. Merger and acquisition (M&A)
Investors are permitted to merge and acquire existing
investments, i.e., companies or subsidiaries. The conditions
for mergers and acquisitions are regulated by the Law on
Competition and other relevant laws of Vietnam.
F. Investment in business development
Investors are permitted to invest in business developments
that expand the scale, increase output capacity and business
capability, renovate technology, improve product quality, and
reduce the environmental pollution of a business.
Indirect Investment
Indirect investment is a form of investment through the purchase
of shares, stocks, bonds, other valuable papers or investment
through a securities investment fund or other intermediary
financial institutions. For indirect investment, an investor does not
participate directly in the management of the investment.
Procedures for the implementation of indirect investments are
subject to the legal regulations on stocks and other relevant laws
of Vietnam.
2. Procedures for registration and investment evaluation
Licensing Authority
The task of licensing has generally been decentralized to the
provincial authorities as further described below. With respect to
certain important or sensitive business sectors, the investment
certificate-issuing bodies are based on the investment policy or
economic plan approved by the Prime Minister.
17
Projects which require the approval of the Prime Minister:
(i) Investment projects, irrespective of the source of invested
capital and scale of investment, in the following sectors:
Construction and commercial operation of airports; air transportation;
Construction and commercial operation of national seaports;
Exploration, exploitation and processing of petroleum;
exploration and mining of minerals;
Radio and television broadcasting;
Casino business;
Production of cigarettes;
Establishment of university training establishments; and
Establishment of IZs, EPZs, HTZs and EZs
(ii) Investment projects, irrespective of the source of capital, with an
invested capital of 1,500 billion VND or more in the following sectors:
Businesses in electricity; processing of minerals; metallurgy;
Construction of railway, road and internal waterway infrastructure;
Production and the business of alcohol and beer; and
Projects with foreign-invested capital in the following sectors:
- Commercial operation of sea transportation;
- Construction of networks for, and supply of, postal and
delivery, telecommunications and internet services; construction
of wave transmission networks;
- Printing and distributing newspapers and printed matter; and
- Establishment of independent scientific research establishments
If any of the projects listed above are already included
in an economic plan approved by the Prime Minister and is
consistent with the conditions set out in the laws of Vietnam
and in an international treaty to which Vietnam is a member,
the investment certificate-issuing bodies can proceed to grant
the investment certificate without obtaining a separate approval
from the Prime Minister.
If any of the projects listed above are not included in an
economic plan approved by the Prime Minister or does not
meet conditions of an international treaty to which Vietnam is
a member, the PPCs or the provincial BMs of IZs, EPZs HTZs
or EZs must obtain approval from the Prime Minister prior to the
grant of the investment certificate.
If any of the projects listed above are in a sector for which
there is no master plan, the investment certificate-issuing bodies
shall obtain opinions from the ministry managing the technical
– economic branch, the MPI, and other relevant bodies, and
shall collate the opinions and make a submission to the Prime
Minister to make a decision on the investment policy.
The PPCs shall carry out the investment registration, evaluation
and issuance of investment certificates for the following projects
while the DPI shall receive the following investment project files:
Investment projects outside IZs, EPZs, HTZs and EZs
including the investment projects for which the Prime Minister
has approved in principle; and
Investment projects for the development of infrastructure in IZs,
EPZs, HTZs and EZs in the localities which have not yet established
a management board for such IZs, EPZs, HTZs and EZs
The BMs shall carry out investment registration, evaluation and
issuance of investment certificates for the following projects:
Investment projects in IZs, EPZs, HTZs and EZs including the
investment projects for which the Prime Minister has approved
in principle;
Investment projects for the development of infrastructure in
IZs, EPZs, HTZs and EZs
The investment certificate issuing bodies involved in the
registration and evaluation procedures are as follows:
Investors prepare the application documents
Projects subject to registration process
DPI receives the
application documents
for the project outside the
IZs, EPZs, HTZs and EZs
BM receives the
application does for
projects inside the IZs,
EPZs, HTZs and EZs.
PPC issues investment
certificate to investors
BM issues investment
certificate to investors
18
Projects subject to evaluation process
DPI receives the
application documents
for the project outside the
IZs, EPZs, HTZs and EZs
PPC issues
investment
certificate to
investors
BM receives the
application documents for
projects inside the IZs,
EPZs, HTZs and EZs.
Prime Minister
approves the
investment project
as provided in article
37, Decree 108/2006/
ND-CP
PPC issues
investment
certificate to
investors
Procedures for setting up a Foreign-Invested Entity
The first time that foreign investors invest in Vietnam, to set-up
an FIE, the foreign investors must have an investment project
before being granted an investment certificate. The investment
certificate also serves as the business registration certificate and
is issued based on:
- the type of project;
- the scale of invested capital; and
- whether such project is in a conditional business sector or
prohibited business sector as abovementioned.
The term of the investment certificate for a foreign-invested
project will not be longer than 50 years, but may be extended up
to 70 years with the approval of the Government. The investment
certificate will set out the specific scope of business activities
that a foreign investor is permitted to undertake in Vietnam, the
amount of investment capital, the location and the land area to
be used, the relevant incentives (if any), and the project implementation schedule for the investment.
The investment certificate issuing bodies shall issue an
investment certificate within a time limit of 15 working days for
projects subject to the registration process (foreign-invested
project with invested capital of less than VND300 billion and
not included in the list of conditional business sectors) or 20-55
working days for the projects subject to the evaluation process
as discussed below, from the date of receipt of a complete and
valid application.
The evaluation process applies to:
- Foreign-invested projects with capital of at least VND300
billion: the evaluation process will, in substance, focus on the
project’s compliance with the applicable infrastructure master
plan, land use master plan, construction master plan, the
master plan for raw materials and other natural resources,
land use requirements, project implementation schedule, and
environmental impact study;
- Foreign-invested projects falling in the list of conditional
business sectors regardless of the scale of the invested
capital: the evaluation process will focus on the ability to satisfy
conditions as provided by the laws of Vietnam;
- Foreign-invested projects with capital of VND300 billion or
more and falling in the list of conditional business sectors: the
evaluation process will focus on the issues as mentioned in (a)
and (b) above.
For ease of reference, please refer to the illustration
below:
PROCEDURES FOR ISSUING
INVESTMENT CERTIFICATE
Registration
Evaluation
20 working days
(BM – 4 sets)
15 working days
Type of project
Documents
< VND 300 bil.
Nonconditional sectors
Issuance of Investment Certificate
45 working days
(PPC – 8 sets)
55 working days
(PM approval – 10 sets)
Type of project
Documents
VND 300 bil.
Conditional sectors
Issuance of Investment Certificate
19
3. Investment incentives and restrictions
The Investment Law allows all investors and business entities
in Vietnam to invest and conduct business on the basis of
equality, fair competition, transparency, and stability. Based on
the master plan and strategies for socio-economic development
for each period and undertakings in international treaties to which
Vietnam is a member, the Government shall issue, amend, or
add to the list of investment incentive geographical areas, the
list of investment incentive and conditional sectors, and the list
of sectors in which investment is prohibited.
Foreign investors who are allowed to invest in these sectors
shall be eligible to receive investment incentives. If any of the
specially encouraged or encouraged sector is also a conditional
sector, then the applicable conditions must be complied with.
In case where a newly promulgated law or policy adversely
affects the lawful interests to which an investor was entitled
before such a new law or policy took effect, the investor shall
be guaranteed entitlement to the incentives stipulated in the
investment certificate or shall be considered for compensation in
some necessary cases. In case where a newly promulgated law,
policy, or an international treaty of which Vietnam is a member
contains more favorable benefits and incentives than those
which the investor enjoys, such an investor shall be entitled to
the new benefits and incentives for the remaining duration from
the effective date of such a new law or policy.
Investment incentive sectors and investment incentive
geographical areas
Foreign investors who invest in the following sectors and areas
shall be entitled to incentives in accordance with the Investment
Law and other relevant laws of Vietnam:
a) Investment incentive sectors:
Manufacture of new materials and production of new energy;
manufacture of products of high-technology, bio-technology and
information technology; mechanical manufacturing;
Breeding, rearing, growing and processing of agricultural,
forestry and aquaculture products; production of salt; creation of
new artificial plant varieties and animal breeds;
Use of high technology and advanced techniques; protection
of the ecological environment; research, development and
creation of high-technology;
Use of large work force;
Construction and development of infrastructure facilities and
important projects with a large scale;
Development of education, training, health care, sports and
physical education, and Vietnamese culture;
Development of traditional craft and industries; and
Other manufacturing and service sectors which require
encouragement
b) Investment incentive geographical areas:
Areas with difficult socio-economic conditions;
Areas with especially difficult socio-economic conditions;
IZs, EPZs, HTZs, and EZs
Conditional investment sectors
If the foreign investors invest in one of the following conditional
investment sectors, they must comply with specific investment
conditions as required by the laws of Vietnam:
20
(i) Sectors with impact on national defence and security, social
order, and safety;
(ii) Banking and finance sector;
(iii) Sectors with impact on public health;
(iv) Culture, information, the press and publishing;
(v) Entertainment services;
(vi) Real estate business;
(vii) Survey, prospecting, exploration and mining of natural
resources; the ecological environment;
(viii) Development of education and training; and
(ix) A number of other sectors in accordance with the laws of
Vietnam
Prohibited Investment Sectors
Foreign investors are prohibited from investing in the following
sectors:
Projects which are detrimental to national defense, security,
and public interest;
Projects which are detrimental to historical relics, culture, and
morals;
Projects which are harmful to public health, natural resources
and the environment, and Vietnamese fine customs; and
Projects for the treatment of toxic waste brought into Vietnam;
projects for the manufacture of any type of toxic chemicals or for
the use of chemical agents prohibited by international treaties.
Foreign Ownership Restrictions
Under the Investment Law, foreign investors may purchase
shares in, or make capital contribution to, existing Vietnamese
companies. However, foreign investors may be subject to certain
foreign ownership limits as follows:
(a) For a listed company: (i) credit institution: 30%; (ii) other
companies: 49%;
(b) For an unlisted company: under Decree 139/2007/ND-CP,
no limit except the following: (i) a limit imposed by Vietnam’s
WTO Commitments; (ii) a limit imposed on certain special
business sectors as provided in the relevant special laws
4. Doing business and implementation of FDI
project-related issues
4.1 Labor and wages
The Labor Code has created a legal framework setting out the
rights and obligations of employers and employees, including
the working hours, labor contracts, payment of social insurance,
overtime work, strikes, and termination of employment contracts,
for Vietnamese citizens and foreigners working in Vietnam.
Recruitment and labor contract
FIEs may recruit Vietnamese employees directly or may
contract with employment service organizations for recruitment.
The FIEs are required to report the list of recruited employees
to the local labor authority. In most cases, employers have to
sign labor contracts with their employees. The contract must be
in written form and in accordance with the model labor contract
issued by MOLISA. Verbal agreements may be accepted in with
respect to household workers or temporary workers employed
for less than three months. The Labor Code also stipulates the
following three types of labor contracts:
- An indefinite term labor contract is a contract in which
the duration and the time for termination of the contract is not
specified by the parties;
- A definite term labor contract is a contract in which the two
parties determine the duration of the validity of the contract as a
period from 12 months to 36 months; and
- A labor contract for a specific or seasonal job with a
duration of less than 12 months.
The probation period can last up to a maximum of 60 days
for jobs requiring high professional/ technical qualifications
or a special skill, and 30 days for other jobs. The wage of an
employee during the probation period cannot be less than 70%
of the wage for the relevant rank of the job. During the probation
period, the labor contract can be terminated by either party
without notice period and payment of indemnities.
The minimum working age for an employee in Vietnam is 15
years.
Working time
The law provides for an 8-hour working day or a 48-hour
working week. The employee may work overtime but it should
not exceed 4 hours per day or 200 hours per year. In certain
special cases, overtime hours can be increased to a maximum
of 300 hours per year.
Employees with 12-month service are entitled to annual leave
with full pay. The annual leave is 12 days, or 14 days or 16 days
for employees working heavy jobs or living in harsh conditions.
The number of days of annual leave shall be increased by one
day for every five years of employment in the enterprise.
Minimum Salary
Vietnam law regulates the minimum salary of Vietnamese
employees who are working for FIEs. The minimum salary for an
employee working in such enterprises must not be less than:
- VND1,200,000 a month for enterprises located in the urban
areas of Hanoi and HCMC;
- VND1,080,000 a month for enterprises located in other
districts of Hanoi and HCMC, districts of Can Tho, Da Nang,
Hai Phong City; Bien Hoa City of Dong Nai Province, Vung Tau
City of Ba Ria - Vung Tau Province, Ha Long City of Quang Ninh
Province, Thu Dau Mot Town, Thuan An, Di An, Ben Cat and
Tan Uyen districts in Binh Duong province;
- VND920,000 – 950,000 a month for enterprises located in
other cities and provinces
The minimum salary for skilled employees (including those
employees trained by the enterprise itself) must be 7% or higher
than the minimum salary as provided in the list above.
Compulsory Insurances
Health, social and unemployment insurance are applicable
to every employer (including FIEs) and employee (excluding
foreign employee) who is working for at least 3 months.
Health Insurance: Both the employer and the employee
must contribute to the Social Insurance Fund. The employer is
required to pay 2% of the total wage fund and the employee is
required to pay 1% of his/her salary under the labor contract.
Social Insurance: as stipulated in the Social Insurance Law,
the monthly contribution of employers and employees is as
follows:
- from Jan. 2007 to Dec. 2009: 15% of total fund by the
employer; 5% of employee salary
- from Jan. 2010 to Dec. 2011: 16% of total fund by the
employe; 6% 5% of employee salary
- from Jan. 2012 to Dec. 2013: 17% of total fund by the
employe; 7%5% of employee salary
- from Jan. 2014 onwards: 18% of total fund by the employe;
8% 5% of employee salary
Unemployment Insurance: Unemployment insurance, which
takes effect in 2009, shall apply to employees who are working
in an enterprise with an indefinite term or definite term and
employer who recruits 10 employees or more. The contribution
is 1% of monthly salary fund by the employer and 1% of
employee’s monthly salary provided in the labor contract.
Employment of Foreigners
Generally, expatriates should be recruited for work positions
requiring intensive technical or management skills. The employer
is required to design a plan or program to train Vietnamese
employees to replace such foreign employees. All foreigners
working in Vietnam must have a work permit, except for the
following:
- Those who enter Vietnam to work for less than three
months;
- Member of a limited liability company with two or more
members;
- Owner of a one-member limited liability company;
- Member of the board of management of a shareholding
company;
- Those who enter Vietnam to offer services;
- Those who enter Vietnam to resolve emergency situations
(if work is for more than three months, foreigner must obtain
work permit);
- Lawyer with certificate to practice law in Vietnam issued by
the Ministry of Justice.
In cases where a work permit is not required, the employer
has to submit to the provincial labor authorities a list of foreign
workers which include the name, age, nationality, passport
number, and the starting and ending date of the job filled by
the worker. This list shall be submitted seven days prior to the
starting work date. The employers must apply for a work permit
for their foreign employees at the provincial labor authority
where the foreigner will work on a regular basis. The work permit
will be issued in the same duration as that of the labor contract
to be signed or as set out in the decision of the foreign party on
appointment to come to work in Vietnam, but in no case shall
the duration of the work permit exceed 36 months, although it
may be renewed.
After the foreigner is issued with a work permit, the employer
and the foreigner must sign a written labor contract and within
5 days from signing, the employer must forward a copy of the
signed labor contract to the competent authority which issued
the work permit.
Trade Union
From 01 January 2009, all foreign-invested companies and
management offices of foreign parties to business cooperation
contracts which have established trade unions in accordance
with the Law on Trade Union shall be obliged to contribute 1% of
their salary funds as the trade union fees.
21
4.2 Taxation
The Vietnam tax system consists of the following main forms
of tax: Corporate Income Tax (CIT); Import – Export Duties;
Value Added Tax (VAT); Special Sales Tax or Excise Tax; and
Personal Income Tax (PIT). The information below provides the
current tax framework and some new laws on CIT, VAT and PIT
have been promulgated in 2008 and will come into effect on 1
January 2009.
Corporate Income Tax (CIT)
CIT is levied on the taxable income of enterprises operating in
Vietnam at the standard rate of 28% and, effective on 1 January
No.
1 Preferential
Rates
20%
2 15%
3 10%
Conditions of the newly established
projects
Duration
(i) included in the List of
Encouraged Investment or
(ii) located in the List of Encouraged
Areas
(i) included the List of Encouraged
Investment and
(ii) located in the List of Encouraged
Areas
(i) included in the List of Special
Encouraged Investment, or
(ii) located in the List of Special
Encouraged Areas
Tax holidays
CIT Exemption
CIT Reduction
10 years
2 years from making
taxable income
50% for 3 consecutive years
10 years
2 years from making
taxable income
50% for 6 consecutive years
12 years
3 years from making
taxable income
50% for 7 consecutive years
15 years
4 years from making
taxable income
50% for 9 consecutive years
In addition, enterprises shall be exempt from CIT for income
earned in the following circumstances:
- implementation of contracts for scientific research and
technological development, or services regarding science and
technology;
- sale of products during the period of test production in
accordance with the correct production process, but only for a
maximum of six months from the date of commencement of the
test production;
- sale of products made from new technology applied for the
first time in Vietnam, but only for a maximum of one year from the
date of application of the new technology to produce products;
- implementation of technical service contracts directly serving
agricultural production;
- vocational training specially reserved for ethnic minority
people;
- vocational training specially reserved for disabled people, for
children living in particularly difficult conditions and for persons
involved in social evils;
- production and trading of goods and services by business establishments specially reserved for employees who are disabled;
Import and Export Duties
Export duties: Export is encouraged and thus, almost all
exported goods and services are exempt from tax. Export duties
are only charged on a few items, for example, natural resources
such as minerals, forest products and scrap metal. Rates range
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2009, at 25%. The taxable income for CIT is calculated based
on an enterprise’s revenue generated in their course of business
less reasonable expenses in the relevant fiscal year. Preferential
CIT rates of 10%, 15%, and 20% are available for enterprises
investing in the List of Special Encouraged Investment, the List
of Encouraged Investment, or the List of Encouraged Areas for
a certain period of time as specified by the Law on Investment.
When a preferential rate expires, the normal CIT rate will be
applicable for the remaining years of the project.
The CIT preferential rates and conditions are illustrated in the
table below:
from 0%-45%. The price used for calculation of export duties is
the FOB price of the invoice.
Import Duties: Generally, all goods crossing Vietnamese
borders are subject to import duties.
a. Import Duties Rates:
In general, consumer goods, especially luxury goods, are
subject to high import duties. On the other hand, machinery,
equipment, and necessary materials for production and
especially those which are not produced domestically, enjoy
lower rates of import duties and sometimes even a 0% tax rate.
Duty rates for imported goods include (i) a standard rate, (ii) a
preferential rate, and (iii) a special preferential rate depending
on the origin of the goods.
- The standard duty rate applies to imports originating from
countries that have not signed an agreement with Vietnam
attaining a Most Favored Nation status in trade relations.
The standard duty rate is applied at 150% of the preferential
duty rate.
- The preferential duty rate applies to imports originating
from countries or groups of countries which have signed an
agreement with Vietnam attaining a Most Favored Nation status
in trade relations;
- The special preferential duty rate applies to imports
originating from countries or groups of countries which have
signed an agreement with Vietnam on special preferential import
duties on the basis of free trade regions, customs unions, or on
the creation of favorable conditions for commercial exchange
through border gates (e.g., “CEPT” of the ASEAN, or the
ASEAN-China Free Trade Area “ACFTA”).
b. Import duty exemptions:
FIEs and foreign parties to BCCs which invest in the List
of Encouraged Investment or the List of Special Encouraged
Investment are entitled to exemption of duties for the import
of raw materials, materials and semi-finished products which
have yet been locally produced, for production in projects in
investment incentives sectors.
In addition, import tax exemption is granted to: (i) goods
imported for direct use in scientific research, development
of technology, and technology which are not yet able to be
produced domestically, and (ii) raw materials, materials and
component parts imported for production in projects in the List
of Special Encouraged Investment or on the List of Special
Encouraged Areas.
Imports used for export activities (e.g., raw materials and
commodities, intermediate inputs, finished goods used in the
manufacturing process) are normally exempt from import taxes;
tariffs are not paid for such imports if foreign-invested enterprises
are located within EPZs. If FIEs are located elsewhere, they
have to pay tariffs within 275 days from the date of import and
shall be reimbursed for the amount of import tax paid upon
export of the processed goods in proportion to the quantity of
exported goods.
Value Added Tax
VAT applies to goods and services circulated and consumed
in Vietnam and collected through production, trading, and
providing of services. When supplying goods and/or services
subject to VAT, the business must charge VAT on the value
of goods or services supplied. VAT is also applied to the duty
paid value of imported goods. The importer must pay VAT to
Customs at the same time it pays import duties.
Applicable VAT rates are 0%, 5%, and 10%. The 0% rate
is applied to the export of goods and certain services including
sales to EPZs. VAT is calculated by multiplying the taxable
price (net of tax) with the applicable VAT rate. With respect to
imported goods, VAT is calculated by adding the import price
with the import duty and the special sales tax (if applicable).
The VAT system in Vietnam is also characterised by two
types of VAT payers: deduction method VAT payers and
direct method VAT payers. Most companies and business
organizations are deduction method VAT payers. This
means that the businesses will have to pay the output tax
(i.e., VAT collected from their customers) after deducting
the input tax (i.e., the VAT businesses have paid to their
suppliers). The businesses must file VAT returns monthly to
the tax authorities. The tax authorities, in turn, will process
the tax return and issue a tax assessment notice to the tax
payer. The payable VAT must be paid to the State budget
the following month.
The direct method generally applies to small household
businesses that do not keep proper accounting records. For
these businesses, VAT is calculated at a deemed rate on gross
turnover.
Special Consumption Tax (Excise Tax)
Special sales tax is levied on the following products and
services: cigarettes; cigars; spirits; beers; automobiles of less
than 24 seats; assorted types of petrol, naphtha, reformat
components, and other components to be mixed in petrol; air
conditioners with a capacity of 90,000 BTU or less; playing cards;
votive paper; and some special services, including dancing halls,
massage lounges, karaoke parlors, casinos, jackpot games,
betting entertainment, golf, and lotteries.
Special sales tax rates range from 10% to 75%. Goods and
services subject to the special sales tax are also subject to the
VAT at the rate of 10%. Special sales tax on imports is calculated
on the basis of price of taxable import, plus import duties, plus
the VAT.
Personal Income Tax (PIT)
Currently, the following individuals are subject to PIT:
- Vietnamese citizens in Vietnam or working overseas who
receive income;
- Other individuals who do not have Vietnamese citizenship
but reside indefinitely in Vietnam; and
- Foreigners working in Vietnam.
The payers of PIT are Vietnamese citizens and foreigners
working in Vietnam having a monthly income of more than VND
5million and VND 8million, respectively. Taxable income includes
salaries, wages, remunerations, and bonuses and allowances
(excluding certain allowances such as severance allowance
which do not exceed the minimum amount prescribed by law).
The progressive tax rate schedule applicable to Vietnamese
citizens is as follows:
Unit: VNDVND 1,000
Level
Average Monthly Income
Progressive Tax
Rate (%)
1
to 5,000
0
2
over 5,000 up to 15,000
10
3
over 15,000 up to 25,000
20
4
over 25,000 up to 40,000
30
5
over 40,000
40
Foreigners who stay less than 183 days in a consecutive
12-month period following the first date of arrival are considered
as non-tax residents in Vietnam. Non-tax residents are subject
to PIT at a flat rate of 25% on their income earned in Vietnam
in that tax year.
Foreigners residing in Vietnam for an aggregate of 183 days
or more within a consecutive 12-month period from the first date
of arrival are treated as tax residents in Vietnam.
The progressive tax rate schedule applicable to foreigners
working in Vietnam is as follows:
Unit: VNDVND 1,000
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Level
Average Monthly Income
Progressive Tax
Rate (%)
1
to 8,000
0
2
over 8,000 up to 20,000
10
3
over 20,000 up to 50,000
20
4
over 50,000 up to 80,000
30
5
over 80,000
40
A foreigner residing in Vietnam for 183 days or more within
a tax year are considered a tax resident, unless tax treaties
between Vietnam and his country provide otherwise. Expatriates
or foreign individuals working in Vietnam are allowed to transfer
their income abroad after PIT and other payroll withholdings
have been paid.
The PIT rates effective from 1 January 2009 applicable to
Vietnamese citizens and foreigners working in Vietnam are as
follows:
Unit: VND1VND 1,000
Tax
Portion of Annual Portion of Monthly Tax Rate
Bracket Assessable Income Assessable Income
(%)
1
2
3
4
5
6
7
Up to 60,000
Up to 5,000
Over 60,000 to
120,000
Over 120,000 to
216,000
Over 216,000 to
384,000
Over 384,000 to
624,000
Over 624,000 to
960,000
Over 5,000 to
10,000
Over 10,000 to
18,000
Over 18,000 to
32,000
Over 32,000 to
52,000
Over 52,000 to
80,000
Over 960,000
Over 80,000
5
10
15
20
25
30
35
4.3 Financial matters
Finance and Banking
Loans
Subject to the laws of Vietnam, from the date of receiving an
investment certificate by a licensing authority, FIEs are entitled
to obtain loans from (and grant security to) both onshore and
offshore lenders.
The investment certificate of an FIE stipulates its invested
capital and charter capital. The difference between the invested
capital and the charter capital is the loan capital of the FIE. All
loans obtained by an FIE from onshore and offshore lenders
(including loans from shareholders) must not exceed the amount
of the loan capital except in certain circumstances.
Approval from the licensing authority will be required if the
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loan amount results in the borrower exceeding the loan capital
unless that loan falls under the above exceptions. On this basis,
due consideration should be given to the capital structure of an
FIE in Vietnam.
Accounts in Vietnam
All FIEs and foreign parties to BCCs must open a direct
investment capital foreign currency account (the “Capital
Account”) with an authorized bank in Vietnam. The main purpose
of the Capital Account is to monitor the flow of capital in foreign
currency into and out of Vietnam. Therefore, certain transfers of
capital (e.g. transfer of capital/equity, profits or off-shore loans)
must be effected through this Capital Account.
In addition to the Capital Account, FIEs and foreign parties
to BCCs can open other foreign currency and VND accounts at
other banks in Vietnam.
Accounts outside Vietnam
The opening and operation of offshore accounts are under
the strict control of, and must be approved by, the SBV. Recent
regulations have allowed FIEs to open offshore accounts in
certain special circumstances. The SBV approves offshore
accounts of FIEs that have a branch or representative office
abroad or have need to open offshore accounts in order to
receive offshore loans or to perform undertakings or contracts
with foreign counterparties.
Credit Institutions
Credit institutions operating in Vietnam include state-owned
banks; commercial, investment and development banks;
joint-stock or share holding banks; joint venture banks, foreign
wholly-owned capital banks, foreign bank branches, representative offices of foreign banks, finance companies and finance
leasing company, and other types of credit institutions.
Foreign Exchange Control
In the territory of Vietnam, all transactions, payments, listings
and advertisements of a resident or a non-resident must be made
in VND except a few permitted circumstances, such as payments
for goods or services via bank transfer by a non-resident to a
resident, or a resident’s receipt of payments in foreign currencies
via bank transfer for consigned transactions. All transactions in
foreign currency must be carried out through credit institutions
licensed to engage in foreign currency operations in Vietnam.
For direct investments in Vietnam: All transfers of capital for
a direct investment in Vietnam must be conducted via the Capital
Account. FIEs are permitted to use revenue in VND from their
investment activities in Vietnam to purchase foreign currencies
at an authorized credit institution and to remit such overseas
within a time period of 30 days from the date of purchase of the
foreign currencies.
For indirect investments in Vietnam: Foreign investors
must open an indirect investment capital VND account at
an authorized credit institution in order to carry out indirect
investment in Vietnam. Investment capital in a foreign currency
must be converted into VND in order to carry out an indirect
investment in Vietnam. A non–resident foreign investor is be
permitted to use VND in its indirect investment capital VND
account in order to purchase foreign currencies at an authorized
credit institution and remit such overseas.
Accounting and Auditing
Enterprises operating in Vietnam must apply the
Vietnamese Accounting System (VAS). VND and the
Vietnamese language must be used in accounting. VAS
consists of the following four components: [1] system of
accounting vouchers; [2] chart of accounts; [3] system of
accounting ledgers; and [4] system of financial reports.
FIEs are obligated to have an annual audit and copies of
the audited annual statements of FIEs must be sent to local
tax authority, local licensing authority, and local statistics
authority.
4.4 Land issues
Land Management Regime
Private ownership of land is not permitted in Vietnam and
the State, as the collective representative of the people,
holds all ownership power. However, the laws of Vietnam
also recognize ownership derived from holding land use
rights (“LUR”)
Land Use Right Certificate
Land users should hold land use right certificate (“LURC”)
in order to exercise their LUR, e.g. to exchange, assign,
lease, sublease, give, bequeath, mortgage the LUR, or
make capital contribution in form of value of LUR.
Land for FIEs and Foreign-Invested Projects
While the Land Law allows domestic companies to
purchase the LUR from others, foreign investors are not
allowed to do so. Foreign investors in Vietnam, however,
could obtain the LUR (i) by way of capital contribution in the
form of the LUR value by the local partner to a joint venture
company or (ii) by way of land leased directly from certain
permitted lessors, including the State.
Land contribution by local parties to joint venture
companies:
Under the current Land Law, the Vietnamese party to a
Joint Venture is able to make capital contributions in the
form of the LUR only after it has received a land “allocation”,
rather than a land “lease” from the People’s Committee of
the relevant province or city and has paid in full the land
usage fee for the “allocation” of the land. In the case where
the land usage fee payment is deferred, the contribution of
the LUR into foreign investment projects is still permissible
as far as the deferment is allowed in writing by the relevant
People’s Committee.
There is, however, one exception under the Land Law
where a Vietnamese party which “leases” land (as opposed
to the “allocation”) from the Government can make its
contribution in the form of the LUR to a Joint Venture.
This exception requires the two following conditions to be
satisfied in accordance with the Land Law:
- the Vietnamese Party has leased the relevant land before
the effective date of the Land Law, i.e. 1 July 2004; and
- the land rentals have been prepaid in full for the whole
lease term or for the majority of the term and the remaining
prepaid term is at least 5 years.
After the joint venture company is incorporated as a result
of the issuance of the investment certificate by the licensing
authority, the LURC will be issued to and in the name of the
joint venture company.
Regarding the valuation of the LUR for the capital
contribution into a joint venture company, it appears that
the current regime allows the Vietnamese party to negotiate
with the foreign party on the value of the contributed LUR
based on the prevailing market value. The land usage fee
tariff schedule issued by the relevant provincial People’s
Committee is used to determine the land usage fee payable
by a Vietnamese party.
Land lease:
Previously, FIEs in Vietnam could only lease land from
the Government or sublease land from an infrastructure
developer. In addition to these conventional lessors, the
Land Law allows FIEs, which are set up by foreign investors
in Vietnam, to lease land from:
- Vietnamese economic organisations, including
State-owned companies, private joint stock companies and
limited liability companies;
- overseas Vietnamese citizens; or
- an existing FIE which leases land from the Government
and develops infrastructure facilities on the land, provided
that this existing FIE has paid the land rental for the whole
land lease term.
FIEs can lease land for a maximum term of 50 years. In
some special circumstance, e.g. investment projects with
large capital and a slow capital recovery rate, the lease term
may be up to 70 years.
The LUR of foreign investors shall vary depending on the
payment arrangement of land rentals. Where land is being
leased from the Government, the Land Law contemplates
two payment arrangements of land rental, including annual
rental payment (the “Annual Payment”) and one-off payment
of rental for the entire lease term (the “One-off Payment”).
Under a land lease for the Annual Payment, the rights of
FIEs are basically the same as the previous land laws: the
FIE could use the land only and is not allowed to transfer,
sub-lease or mortgage the LUR. In addition to the LUR
given under the Annual Payment regime, FIEs adopting the
One-off Payment regime have additional rights as follows:
- rights to transfer LUR and assets attached to the land
(foreign investors with an Annual Payment plan may only
transfer assets attached to the land);
- rights to sublease land and assets attached to the land;
- rights to contribute LUR and assets attached to the land
as capital of joint ventures;
- rights to mortgage LUR and assets to credit institutions
in Vietnam during the term of the lease;
FIEs can lease land from the State or from other legitimate
organizations holding a legitimate land use right for a
maximum of 50 years. With respect of investment projects
with large capital but with a slow capital recovery rate, the
maximum land lease period shall be 70 years. The law
explicitly allows foreign investors to lease and sub-lease
IZs, EPZs, or HTZs space for their projects.
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If the foreign investor leases the land directly from the
State, the investors shall be charged an annual rent of 0.5%
of the land price, which is fixed annually (depending on the
type of land) by the Provincial People’s Council.
Foreign Investments in Real Estate
Foreign investors can choose to invest in the following
real estate projects:
(i) Creation of houses and works for sale, for lease, or
grant of hire purchase;
(ii) Upgrading land and development of infrastructure works on the leased land in order to lease land with
completed infrastructure;
(iii) Other services in real estate: brokerage, evaluation,
property transaction centers, consultancy, auctioning,
advertising and management.
Foreign investors are not permitted to (i) buy a house or a
construction work for re-sale, lease or hire purchase; or (ii)
lease a house or a construction work for sub-lease as these
activities are reserved for domestic investors.
With respect to residential projects where investors
pay land rental on a lump sum basis, the investors will be
entitled to build residential houses for sale and for lease.
If the payment of land rental is made annually, the FIE is
permitted to build residential houses for lease only.
4.5 Environment-related issues
Subject to the nature, scale and environmental impact
level of projects, investors are required to prepare strategic
environment assessment reports, environmental impact
assessment reports (EIAR) or environment protection
undertakings (EPU) as one of conditions of establishment
and operation of certain projects in Vietnam.
Contents of and procedures for appraising and
approving EIARs
In some required categories, investment projects subject
to compulsory EIARs. An EIAR must have the following
main contents:
- an introduction of the project and the basis and
organization of implementation of EIA
- summary of the project;
- natural, environmental and socio-economic conditions;
- assessment of environmental impacts;
- measures to minimize adverse impacts and to prevent
and deal with environmental incidents;
- undertakings to implement environmental protection
measures;
- environmental treatment facilities and programs of
environmental management and supervision;
- estimated budget for environmental facilities;
- opinions from communities;
- reference to sources of figures and data and to methods
of assessment; and
- conclusion and proposals.
Regarding (ix) above, the consultation with the local
community is a requirement. The project owner must inform
the local community of the scope of project, any severe
impact that the project may cause to the environment and
26
the mitigation methods. The EIAR must include the opinions
(expressing agreements or disagreements) of the people’s
committee of the commune and of the representatives of
local communities.
The MONRE is responsible for establishing appraisal
councils for appraisal of EIAR for projects approved by the
National Assembly, the Government or the Prime Minister,
and also for inter-branch or inter-provincial projects.
Ministries, ministerial equivalent bodies, or Government
bodies are responsible for establishing appraisal councils
for appraisal of EIAR for projects within their respective
decision-making authority (excluding projects under the
responsibility of MONRE). PPCs are responsible for
establishing appraisal councils for appraisal of EIAR for
projects located in their respective localities and within
the decision-making authority of the people’s council. A
maximum of 45 working days from the date of receipt of a
complete and valid application file applicable to appraisal
of projects with appraisal councils established by MONRE;
and 30 working days from the date of receipt of a complete
and valid application file is applicable to appraisal of other
projects for an EIAR approval.
Environmental Protection Undertaking (EPU)
Any project which is not subject to compulsory EIAR must
make a written EPU to indicate the location, form and scale
of the operation and activity, raw materials and fuel used,
and types of wastes produced. In general, an EPU specifies
measures aimed at minimizing and treating wastes.
EPUs must be registered at the local people’s committee.
Where a project is implemented in two or more provinces or
cities, the project owner may choose to register the EPU at
one local authority. It is only after the issuance of a certificate
of registration of EPU cam the project be operated.
Environmental Standards
The MONRE is authorized by law to announce the national
environmental standards which are applicable to the region,
area or industrial sector consisting of quality standards of
the surrounding environment and standards on wastes.
The quality standards of the surrounding environment
are comprised of group of environmental standards with
respect to:
- soil for agricultural production, forestry, aquaculture and
other purposes;
- surface water and underground water serving the supply
of drinking water, industrial water, water for aquaculture,
water for agricultural irrigation and other purposes;
- coastal seawater used for purposes of aquaculture,
in entertainment and recreation areas, and for other
purposes;
- air in urban areas and rural residential areas; and
- group of standards on noise, light and radiation in
residential areas and in public places.
The standards on wastes are comprised of the following:
- waste water from industrial and services activities, on
waste water from husbandry and aquaculture, and on waste
water from daily living and other activities;
- industrial gas emissions and gases from equipment used
for the disposal or incineration of waste from daily, industrial
or medical care activities and for the disposal of waste in
other forms;
- gas emissions applicable to means of transportation,
machinery and special equipment;
- hazardous wastes;
- noise and vibration applicable to means of transportation;
to manufacturing, business and services establishments; and
to construction activities.
4.6. Importation – Exportation
A. Importation
FIEs are allowed to import their required inputs or materials
necessary for its production. In addition to manufacturing,
FIEs are permitted to import finished products and raw
materials other than as set out in Tables (a)-(c) of the Report
of the Working Party on the Accession of Vietnam in the WTO
commitments into Vietnam for sale without establishment of
any legal entity in Vietnam, provided that they only sell such
imported products to individual or enterprise having the right
to distribute such product in Vietnam.
B. Exportation
In order to carry out its commitments to WTO, Vietnam
abolished regulations on incentives of corporate income tax
applicable to export enterprises. The list of goods prohibited
from export conforms to the requirements of Article XX of
GATT 1994. An enterprise wishing to export a product on
the prohibited list must submit an application, including
justification for the exports, to the Ministry or People’s
Committee concerned. If these authorities consider the
demand justifiable, the application would be submitted to
the Prime Minister for a final decision.
4.7 Immigration
Business and tourist visas for Vietnam can be obtained
from Vietnamese diplomatic offices or consulates in foreign
countries upon submission of: (i) an application form; (ii)
photographs; (iii) a passport (valid for at least 6 months);
and (iv) an invitation letter (or other documents indicating
the purpose of the visit). After the fulfillment of formalities
for a visa application, entry visas will be issued by an office
managing the entry and exit of Vietnam under the Ministry of
Police, a consular office under the Ministry of Foreign Affairs,
a foreign representative diplomatic office, or a Vietnamese
consulate overseas.
Passport holders from some countries with whom Vietnam
has signed bilateral agreements with, including ASEAN
members, Japan, South Korea, Norway, Sweden, Denmark,
Finland,… do not need an entry visa for a definite stay. If
a foreigner wishes to enter the country for the first time,
tourist visas should most likely be appropriate. Tourist visas
obtained through travel agents are valid from 30 days to
six months and cannot be extended in Vietnam. Foreigners
entering Vietnam without an invitation from any agency,
organization or individual are only issued a 15-day visa.
Foreign investors and their relatives, who enter Vietnam to
implement licensed investment projects, may be granted a
single-entry visa or a multiple-entry visa valid for use within
a period not exceeding five years. Upon expiry of the period
of a visa, if the person holding the visa still needs to enter
and exit Vietnam, he or she must complete the application
procedures for a new visa.
Overseas Vietnamese (Viet Kieu): Vietnamese nationals
residing abroad, foreigners who are Vietnamese citizens’
spouses and children are eligible for entry visa exemption
if they hold foreign passports or a foreign-issued permanent
residence certificate (PRC) with the validity of at least 06
months since the date of entry or they hold visa exemption
paper (VEP).
VEPs have a maximum validity of five years and is at least
six months shorter than the validity of the passport or PRCs
issued by foreign countries. The VEP is issued individually.
For children under 14 years old who share their parent’s
passport, the VEP will be issued attached to their parent’s
passport. Those who enter Vietnam under the VEPs are
permitted to stay in Vietnam for ninety days after each
entrance. Those who expect to stay longer must apply for a
visa before their entry to Vietnam.
Apart from foreign passports (or foreign-issued PRCs), the
application for VEP must consist of one of three following
items: (1) documents proving that the applicant is an
overseas Vietnamese; (2) the guarantee by a Vietnamese
association in the country where the applicant is residing
or by a Vietnamese citizen to declare that the applicant
is an overseas Vietnamese; or (3) documents issued by
foreign competent agencies declaring that the applicant
is of Vietnamese nationality or origin. Foreigners who are
spouses or children of an overseas Vietnamese person must
present documents proving their relationship.
To obtain visa exemption, overseas Vietnamese can
download the application form from the website http://
mienthithucvk.mofa.gov.vn. The website aims to provide
overseas Vietnamese in both the English and Vietnamese
language with detailed instructions relating to the procedures
for a visa exemption to be granted. A VEP will be granted
within seven days.
5. Setting up Branches, Representative Offices and
Distribution Outlets
Under the Law on Commerce, foreign business entities
are entitled to establish a representative office (“RO”)
or a branch in Vietnam. The local trade service has been
assigned by the MOIT to manage the licensing of branches
and ROs of foreign business entities in Vietnam. Foreign
business entities shall be liable for all of the operations of
their ROs and branches in Vietnam. Branches and ROs of
foreign business entities which operate in special sectors
(banking, finance, legal services, culture, education, etc.)
are regulated concurrently with other laws.
Representative offices
ROs of foreign business entities are not allowed to (i)
directly conduct profit-making activities in Vietnam except
for carrying out commercial promotional activities within
the scope permitted by its license and the law; and (ii) to
27
enter into commercial contracts or to amend or supplement
such contracts already signed except where the chief
of an RO has a valid power of attorney from the foreign
business entity.
The ROs of foreign business entities have the rights and
obligations to:
- operate strictly in accordance with the purpose, scope
and duration as stated in the license for establishment of
the RO;
- rent offices and lease or purchase the equipment and
facilities necessary for the operation of the RO.;
- recruit Vietnamese and foreign employees to work for
the RO in accordance with the laws of Vietnam;
- open accounts in foreign currency and in VND sourced
from foreign currency at banks that are licensed to operate
in Vietnam and to use such accounts solely for the operation
of the RO;
- have a seal bearing the name of the RO in accordance
with the laws of Vietnam;
- pay taxes, fees and charges, and to discharge other
financial obligations in accordance with the laws of
Vietnam;
- report on the operation of the RO to a local department
of trade in accordance with the laws of Vietnam
A foreign business entity that satisfies all of the following
conditions shall be issued a license for establishment of a
RO in Vietnam:
- It is a business entity that is legally recognized by the law
of the country where such business entity was established
or has its business registration;
- It has been operating for at least one year as from
the date on which it was legally established or obtained a
business registration.
A complete application for an RO establishment permit
comprises of the following: (i) an application for RO
establishment permit signed by the foreign business entity’s
authorized representative; (ii) copies of the foreign business
entity’s business registration or papers of equivalent value
certified by the competent authority of the locality where
the foreign business entity was established; (iii) an audited
financial statement or other documents of equivalent value
proving the actual existence and operation of the foreign
business entity on the latest fiscal year; and (iv) a copy of
the operational charter of the foreign business entity if it is
an economic organization.
A license for establishment of an RO has a duration
of five years but in the case where foreign law stipulates
the duration of the business registration certificate of the
foreign business entity, the duration may not exceed
the residual term of such foreign business registration
certificate or certificate of equivalent validity of the foreign
business entity.
28
Branches
Branches are permitted to conduct trading activities (i.e.,
import-export) and other activities directly related to the
trading of goods. Withdrawal of a branch license is the same
as for an RO. Please note that a branch may be entitled to
trade in particular goods and services subject to schedules as
specified in Vietnam’s international undertakings. Mandatory
conditions for a foreign business entity to establish a branch
include operation for at least 5 years as well as having lawful
business registration under the law of such foreign country.
The duration of operation for a branch has been capped at 5
years (which may be extended). Distribution Outlets - Exercise of distribution rights
An enterprise with foreign-owned capital which has been
licensed distribution rights shall be permitted to exercise the
following rights:
i) To conduct wholesaling, retailing, franchising and acting
as an agent for trading goods manufactured in Vietnam and
goods imported into Vietnam, except for goods on the list of
goods not permitted to be distributed (Clause A of Section II
of Appendix 4 of Decision 10/2007/QD-BTM of the MOIT).
ii) With respect to lines of goods permitted to be distributed
pursuant to law (Clause B of Section II of Appendix 4 of
Decision 10), an enterprise with foreign-owned capital shall
be permitted to conduct wholesaling, retailing, franchising
and acting as an agent for trading of goods in accordance
with the schedule as stipulated.
An enterprise with foreign-owned capital which has been
licensed for wholesaling and retailing shall be permitted to
conduct wholesaling and retailing activities as stipulated in
Decree 23/2007/ND-CP (“Decree 23”). An enterprise with
foreign-owned capital which has been licensed to establish
a retail sales outlet (including a first retail sales outlet) shall
not be permitted to conduct retailing outside or in addition to
the retail sales outlet which has been licensed.
Retail sales outlets in addition to the first retail sales
outlet:
i) The establishment of retail sales outlets in addition to the
first retail sales outlet is considered on a case-by-case basis
and depends on the number of retail sales outlets, market
stability, population density in the province or city where the
retail sales outlet is to be set up, and consistency of the
investment project with the master plan of such province or
city.
ii) Any enterprise with foreign-owned capital which has
already been granted an investment license or investment
certificate with items stipulating the establishment of retail
sales outlet/s in addition to the first retail sales outlet but has
not been granted a license to establish a retail sales outlet
in accordance with Decree 23, must conduct procedures for
the issuance of a license to establish a retail sales outlet in
accordance with the guidelines.
ANNEXES:
1. Key legal writings on investment
Law on Land 2003
Law on Investment 2005
Law on Enterprise 2005
Law on Export-Import Duties 2005
Law on Trade 2005
Law on Environment Protection 2005
Law on Securities 2006
Law on Personal Income Tax 2007
Law on Corporate Income Tax 2008
Law on Value Added Tax 2008
Decree 181/2004/ND-CP dated 29/10/2004 on Law on Land
Decree 142 dated 14/11/2005 on Land Lease Fee
Decree 149 dated 06/12/2005 on Export-Import Duties
Decree 72 dated 25/7/2006 on Law on Trade
Decree 80 dated 09/8/2006 on Law on Environment Protection
Decree 88 dated 29/8/2006 on Business Registration
Decree 101 dated 21/9/2006 on Reregistration of Enterprise
Decree 108 dated 22/9/2006 on Law on Investment
Decree 23 dated 12/02/2007 on Trading Activities of FIE
Decree 78 dated 11/5/2007 on BOT, BTO, BT Investments
Decree 139 dated 05/9/2007 on Law on Enterprise
Decree 29 dated 14/3/2008 on IZ, EPZ, EZ
Decree 34 dated 25/3/2008 on Employment of Foreigners Working in VN
Decree 111 dated 10/10/2008 on Minimum Wages at FIE
2. Some conditional investment sectors under Vietnam’s commitment to the WTO
Advertisement: From 01/01/2009: no limitation of foreign participation
Branch: allowed if the Company has been operating at least 05 years in mother country
and having RO in Vietnam at least 07 years from December 2001
Regulated by: Ordinance on Advertisement 2001; Law on Trade 14/6/2005; Decree
24 – 13/3/2003; Decree 37 – 04/4/2006; VN Commitments to WTO
Air Plane Maintenance, Repair: permitted through JV with maximum foreign
participation of 51%; From 2012, 100% foreign-owned Company allowed
Regulated by: Law on Civil Aviation 29/6/2006; Decree 83 – 25/5/2007; VN
Commitments to WTO
Auditing Service: permitted through 100% foreign-owned Company, JV or Branch
Regulated by: Decree 105 – 30/3/2004; Decree 133 – 31/10/2005; Decision 94/2007/
QD-BTC; Circular 60 – 28/6/2006; VN Commitments to WTO
Banking Services: permitted through 100% foreign-owned Bank, JV or Branch; In case
of JV, maximum foreign participation is 50%
Regulated by: Law on Credit Organizations 1997 and 2004; Decree 28 – 09/3/2005; Decree
22 – 28/2/2006; Circular 22/2006; Decree 69 – 20/4/2007; VN Commitments to WTO
Construction Services: during 2 years from the accession to the WTO, 100%
foreign-owned Company allowed to provide service only to: foreign-invested enterprises
(FIE) and foreign-granted projects in VN; From 2010, Branch is allowed to be set up Foreign
enterprises have to be juridical persons of a WTO Member.
Regulated by: Law on Construction 10/12/2003; VN Commitments to WTO
Distribution activities
Distribution rights: Agent for purchase and sale, Wholesale, Retail, Franchise
From 01/01/2009: No limitation (100% foreign ownership allowed)
Regulated by: Law on Trade 14/6/2005; Decree 12 – 23/01/2006; Decree 23/2007/NDCP-12/2/2007; Circular 09/2007/TT-BTM-17/7/2007; Circular 05/2008/TT-BTM-14/04/2007;
Decision 10/2008/QD-BTM- 21/05/2007 VN Commitments to WTO
Education and Training: From 01/01/2009, 100% foreign-owned Company allowed.
From 2010: no limitation
Regulated by: Law on Education 14/6/2005; Decree 75 – 02/8/2006; Decree 139 –
20/11/2006; Decree 53 – 25/5/2006; VN Commitments to WTO
Franchising: From 01/01/2009: no limitation; From 2010, allowed to set up Branch
Regulated by: Law on Trade 14/6/2005; Decree 35 – 31/3/2006; Circular 09 – 25/5/2006;
VN Commitments to WTO
- Health Services: JV, BCC, 100% foreign-owned Companies are allowed .The
minimum investment capital shall be USD 20,00 million for Hospital, USD 2,00 million for
Policlinic, USD200,000 for specialty unit.
Regulated by: Ordinance on Private Health and Pharmacy 2003; Decree 103 – 12/9/2003;
Decree 53 – 25/5/2006; Circular 07/2007/TT-BYT; VN Commitments to WTO
Inland Water Transportation: permitted only through JV with maximum foreign
participation of 49%
Regulated by: Law on Inland Water Transportation 2004; Decree 21 – 01/3/2005; VN
Commitments to WTO
Insurance: permitted through 100% foreign-owned Company or JV.
2012: non-life branches of foreign insurance enterprises shall be permitted, subject to
regulations
Regulated by: Law on Insurance 2000; Decree 45 – 27/3/2007; VN Commitments to WTO
International Air Transportation: permitted through JV with maximum foreign
participation of 49%; Foreign executing members: 1/3 of total at maximum
Regulated by: Law on Civil Aviation 29/6/2006; Decree 76 – 09/5/2007; VN
Commitments to WTO;
International Shipping Transportation:
(a) Establishment of registered companies for the purpose of operating a fleet under
the national flag of Vietnam: after 2 years from accession, foreign service suppliers are
permitted to establish JV with foreign capital not exceeding 49% of total legal capital
(b) Other forms of commercial presence for the supply of international maritime transport
services: permitted through JV with maximum foreign participation of 51%; From 2012,
100% foreign-owned Company allowed
Number of JVs: Maximum 5 at the time of the accession to the WTO; Then, 3 new JVs
allowed for every 2 years; From 2012, no limitation on number of JVs
Regulated by: VN Commitments to WTO
International Travel Service: permitted through JV or other investment forms, in
accordance with WTO commitment
Regulated by: Law on Tourism 2005; Decree 92 – 01/6/2007; VN Commitments to WTO
Internet Services: foreign-invested companies must comply with FDI regulations and
VN’s international commitments
Regulated by: Decree 97/2008/ND-CP; Circular 04 – 20/11/2001; Circular 04 –
28/7/2006; VN Commitments to WTO
Logistics Services: permitted through JV with maximum foreign participation of 49%,
50%, 51% or 100%. Increase in cap on foreign participation (from 2010, 2012 or 2014) of JV
requirement stipulated in specific cases
Regulated by: Law on Trade 14/6/2005; Decree 140 – 05/9/2007; VN Commitments to WTO
Post Services: during 5 years from the accession to the WTO, permitted through JV with
maximum foreign participation of 51%. From 2012, 100% foreign-owned Company allowed
Regulated by: Ordinance on Post and Telecommunication 25/5/2002; Decree 157 –
18/8/2004; VN Commitments to WTO
Publishing and Printing: permitted through BCC or JV
Regulated by: Law on Publishing 2004 and its amendment; Decree 111 – 26/8/2005;
Circular 30 – 22/02/2006; VN Commitments to WTO
Railway Goods Transportation: permitted through JV with maximum foreign
participation of 49% (freight transport services)
Regulated by: Law on Railway 14/6/2005; VN Commitments to WTO
Real Estate Business Activities and Services: Foreign Investors allowed:
* Investment in new development of house and buildings for sale or lease;
* Investment in land improvement and infrastructure construction for lease of the land
together with completed infrastructure;
* Real estate services (including real estate brokerage, evaluation, transaction center,
consultant, auction, advertisement and management)
Regulated by: Law on Real Estate 2006; Decree 153 – 15/10/2007; VN Commitments
to WTO
Road Passengers and Goods Transportation: permitted through Business
Cooperation Contract (BCC) or JV with maximum foreign participation of 49%. From 2010,
depending on market demand, JV with maximum foreign participation of 51% is allowed for
goods transportation; All drivers of JV must be Vietnamese citizens
Regulated by: Decree 110 – 28/9/2006; VN Commitments to WTO
Sea Products Exploitation: each foreign boat must have permit from VN authority;
Validity of permit is 12 months and might be extended 12 months each time
Regulated by: Law on Sea Products 2003; Decree 27 – 08/3/2005; Decree 191 –
18/11/2004; Circular 01 – 06/02/2006; VN Commitments to WTO
Securities Services: permitted through JV with maximum foreign participation of 49%;
permitted to establish a representative office. From 2012, 100% foreign-owned Securities
Company allowed
Regulated by: Law on Securities 29/6/2006; Decree 144 – 28/11/2003; Decision
87/2007/QD-BTC; VN Commitments to WTO
Transport Agent Services: 51%; 2014: JV without limitation on foreign ownership
Regulated by: Maritime Law 14/6/2005; Decree 71 – 25/7/2006; Decree 115 – 05/7/2007;
VN Commitments to WTO
Sports Services: permitted through JV with maximum foreign participation of 49% from 2012
Regulated by: Law on Sports 2006; Decree 112 – 26/6/2007; VN Commitments to WTO
Telecommunication Services: permitted through JV with maximum foreign participation
of 49%, 51%, 65% or 70%, requirement stipulated in specific cases
Regulated by: Ordinance on Post and Telecommunication 25/5/2002; Decree 160 –
03/9/2004; VN Commitments to WTO
Tourist Facilities (hotel, villa, guest house, etc.): 8 years from the accession to the
WTO, this service shall be in parallel with investment in hotel construction, upgrading,
renovation or buy back of the hotel; From 2015, no limitation
Regulated by: Law on Tourism 2005; Decree 92 – 01/6/2007; VN Commitments
to WTO
Travel Agent: permitted through JV with no limitation of foreign participation
Regulated by: Law on Tourism 2005; Decree 92 – 01/6/2007; VN Commitments
to WTO
Veterinary practice: not committed yet; access is granted to natural persons exclusively
for private professional practice under regulation by competent authorities
Regulated by: Ordinance on veterinary 29/4/2004; Decree 33 – 15/3/2005; Decree 119
- 28/11/2008VN Commitments to WTO
Waste transportation and treatment: permitted through JV with maximum foreign
participation of 51%; From 01/01/2011: 100% foreign-owned Companies are allowed
Regulated by: Law on Environment Protection 2005; Decree 80 – 09/8/2006; Circular
12 – 26/12/2006; Decree 21 – 28/02/2008; VN Commitments to WTO
29
3. Useful addresses
a) Investment Promotion Agencies in the 22 Southern Provinces
No.
PROVINCE
1
An Giang
2
Ba Ria
Vung Tau
3
Bac Lieu
Investment
Promotion Center
4
Ben Tre
Investment
Promotion Center
155 Nguyen Thai Hoc, Vung Tau
City, Ba Ria Vung Tau Province
Administrative Area, Nguyen Tat
Thanh St., Bac Lieu Town, Bac
Lieu Province
28 Le Dai Hanh St., Ben Tre
Town, Ben Tre Province
5
Binh
Duong
Trade Promotion
Center
185–187 Binh Duong Blv., Thu Dau
Mot Town, Binh Duong Province
6
Binh Phuoc
Highway No.14, Dong Xoai
Town, Binh Phuoc Province
7
Binh Thuan
8
Ca Mau
9
Can Tho
10
Dong Nai
Investment
Promotion Center
Trade–Tourism
and Investment
Promotion Center
Trade–Tourism
and Investment
Promotion Center
Trade – Tourism
and Investment
Promotion Center
Investment Cooperation (DPI)
11
Dong Thap
12
Hau Giang
13
Ho Chi
Minh City
14
Kien Giang
15
Lam Dong
16
Long An
17
Ninh Thuan
18
Soc Trang
19
Tay Ninh
20
Tien Giang
21
Tra Vinh
22
Vinh Long
30
AGENCY
Trade–Tourism
and Investment
Promotion Center
Investment
Promotion Center
ADDRESS
TEL.
FAX
WEBSITE/ EMAIL
No.02A Ngo Gia Tu St., Long
Xuyen City, An Giang Province
(84-76) 3945001
(84-76) 3945002
http://attip.angiang.gov.vn
[email protected]
(84-64) 3573082
(84-64) 3573087
www.pc-bariavungtau.gov.vn
(84-781) 3958963
(84-781) 3957225
www.baclieu.goc.vn
[email protected]
(84-75) 3825340
(84-75) 3825340
(84-650) 3898287
(84-650) 3898286
www.sctbinhduong.gov.vn.
[email protected]
(84-651) 3887088
www.binhphuoc.gov.vn
(84-651) 3887834
ww.dpi-bentre.gov.vn
499 Thu Khoa Huan St., Phan
Thiet City, Binh Thuan
(84-62) 3810800
(84 – 62) 3832987
www.xuctienbinhthuan.vn.
[email protected]
1B An Duong Vuong St., Ca Mau
City, Ca Mau Province
(84-780) 3827985
(84-780) 3827893
www.camau.com.vn ctipvn@
vnn.vn
02 Hoa Binh Blv., Ninh Kieu
Dist., Can Tho City
(84-710) 3831964
(84-710) 3830354
www.canthopromotion.com
[email protected]
02 Nguyen Van Tri St., Bien Hoa
City, Dong Nai Province
(84-61) 3827116
(84-61) 3941718
www.dpidongnaii.gov.vn
[email protected]
Trade - Investment
Promotion Center
Trade–Tourism
and Investment
Promotion center
Investment & Trade
Promotion Center
Trade–Tourism
and Investment
Promotion Center
Trade – Tourism
& Investment
Promotion Center
Investment
Promotion &
Consultant Center
Trade Investment
center
21 Ly Thuong Kiet St., Cao Lanh
Town, Dong Thap Province
(84-67) 3853 383
(84-67) 3853381
www.dongthaptrade.com.vn
[email protected]
10 Hai Thuong Lang Ong St., Vi
Thanh Town, Hau Giang Province
(84-711) 3870467
51 Dinh Tien Hoang St., Dist.1,
Ho Chi Minh City
(84-8) 38236738
(84-8) 38242391
www.itpc.hochiminhcity.gov.vn
[email protected]
No.222–224 Tran Phu St., Rach
Gia City, Kien Giang Province
(84-77) 3922220
(84-77) 3875248
www.kitra.com.vn;
[email protected]
No.2–4 Tran Quoc Toan St., Da
Lat City, Lam Dong Province
(84-63) 3510559
(84-63) 3811656
www.dalat-info.vn
[email protected]
65 Bao Dinh St., Tan An Town,
Long An Province
(84-72) 3830905
No.57 Road 16/4, Phan Rang
City, Ninh Thuan Province
(84-68) 3821680
(84-68) 3821680
www.ninhthuanitpc.gov.vn.
[email protected]
Investment
Promotion Center
Trade–Tourism
& Investment
Promotion Center
Trade–Tourism
& Investment
Promotion Center
Trade Tourism
& Investment
promotion center
Trade–Investment
Promotion Center
21B Tran Hung Dao St., Soc
Trang Town, Soc Trang Province
(84-79) 2211679
(84-79) 3822333
[email protected]
C300 Cach Mang Thang 8 St., Tay
Ninh Town, Tay Ninh Province
(84-66) 3813233
(84-66) 3813239
[email protected]
[email protected]
(84-73) 3972587
www.tiengiang-etrade.com.vn
[email protected]
84 Nam Ky Khoi Nghia St., My
Tho City, Tien Giang Province
(84-73) 3884733
www.haugiang.gov.vn
(84-72) 3830906
www.longan.gov.vn
[email protected]
07 Dien Bien Phu St., Tra Vinh
Town, Tra Vinh Province
(84-74) 3868445
(84-74) 3868448
www.xuctientravinh.com.vn
[email protected]
01 Trung Nu Vuong St, Vinh
Long Town, Vinh Long Province
(84-70) 3836145
(84-70) 3823499
www.skhdt.vinhlong.gov.vn
[email protected]
b) Investment Authorities in the 22 Southern Provinces
No.
PROVINCE
22 Southern
provinces
1
2
An Giang
Ba Ria –
Vung Tau
ORGANIZATION
Southern Foreign
Investment
Centre (SFIC)
PC
DPI
IZs BM
An Giang Border
Gate EZ BM
PC
DPI
IZs BM (BIZA)
PC
3
Bac Lieu
DPI
IZs BM
PC
4
Ben Tre
DPI
IZs BM
PC
5
Binh Duong
DPI
IZs BM
VSIP BM
PC
6
Binh Phuoc
DPI
IZs BM (BPIZA)
PC
7
Binh Thuan
DPI
IZs BM
PC
8
Ca Mau
DPI
IZs BM
PC
9
Can Tho
DPI
IZs BM (CEPIZA)
PC
10
Dong Nai
DPI
IZs BM (DIZA)
PC
11
Dong Thap
DPI
IZs BM
ADDRESS
178 Nguyen Dinh Chieu St.,
Dist.3, Ho Chi Minh City
16 C Ton Duc Thang St., Long
Xuyen City, An Giang Province
8/18 Ly Thuong Kiet St., Long
Xuyen City
35 Nguyen Van Cung St., Long
Xuyen City
45 Nguyen Van Cung St., Long
Xuyen City
89 Ly Thuong Kiet St., Vung Tau
City, Ba Ria Vung Tau Province
01 Ho Xuan Huong St., Vung
Tau City
124 Vo Thi Sau st., Ba Ria -Vung
Tau City
Nguyen Tat Thanh St., Bac Lieu
Town, Bac Lieu Province
Nguyen Tat Thanh St., Bac Lieu
Town
89 Ba Trieu St., Bac Lieu Town
7A Dong Khoi St., Ben Tre
Town, Ben Tre Province
28 Le Dai Hanh St., Ben Tre
Town
No. 20 St. 3/2, Ben Tre Town
01 Quang Trung St., Thu Dau
Mot Town, Binh Duong Province
Highway No.13, Thu Dau Mot
Town
05 Quang Trung street, Thu Dau
Mot Town
08 Huu Nghi Ave., Thuan An
Dist.
6/1, Dong Xoai Town, Binh
Phuoc Province
Highway No.14, Dong Xoai
Town, Binh Phuoc Province
Highway No.14, Dong Xoai
Town, Binh Phuoc Province
04 Hai Thuong Lan Ong St.,
Phan Thiet City, Binh Thuan
Province
290 Tran Hung Dao St., Phan
Thiet City
119 Tran Hung Dao St., Phan
Thiet City
02 Hung Vuong St., Ca Mau
City, Ca Mau Province
93 Ly Thuong Kiet, Ca Mau City
28 Phan Ngoc Hien St., Ca Mau
City
02 Hoa Binh St., Can Tho City
61/21 Ly Tu Trong St., Can
Tho City
105 Tran Hung Dao St., Ninh
Kieu Dist., Can Tho City
02 Nguyen Van Tri St, Bien Hoa
City, Dong Nai Province
02 Nguyen Van Tri St., Bien
Hoa City
No.26, A2 Ave., Bien Hoa IZ,
Bien Hoa City
Road 30/4, Cao Lanh Town,
Dong Thap Province
11 Vo Truong Toan St., Cao
Lanh City
466 Nguyen Sinh Sac St., Sa
Dec Town
TELEPHONE
FAX
(84-8) 39306671
(84-8) 39305413
(84-76) 3853940
(84-76) 3852037
(84-76) 3850380
(84-76) 3854692
(84-76) 3952506
(84 -76)
3943623
(84-64) 3852767
(84-76) 3952655
(84-76) 3943623
http://fia.gov.vn; ww.sfic.vn
[email protected]; [email protected];
www.angiang.gov.vn
[email protected]
www.angian.gov.vn
[email protected]
[email protected];
[email protected]
www.kinhtecuakhauangiang.com
(84-64) 3851381
(84-64) 3859080
(84-64) 3816640
(84-64) 3858531
www.baria-vungtau.gov.vn
www.sokhdt.baria-vungtau.gov.vn
[email protected]
www.banqlkcn.baria-vungtau.gov.vn
(84-781) 3823830
(84-781) 3823836
www.baclieu.gov.vn
(84-781) 3827616
(84-781) 3823874
[email protected]
(84-781) 3823832
(84-781) 3823832
(84-75) 3817505
(84-75) 3827114
(84-75) 3822148
(84-75) 3822149
(84-75) 3817474
(84-75) 3817718
[email protected]
(84-650) 3822825
(84-650) 3822
926
(84-650) 3822174
www.binhduong.gov.vn
(84-650) 3825194
[email protected]
(84-650) 3831215
(84-650) 3823984
[email protected]
(84-650) 3743901
(84-650) 3743903
www.vsip.com.vn
(84-651) 3879478
(84-651) 3879470
www.binhphuoc.gov.vn
(84-651) 3870774
(84-651) 3887088
www.skhdtbinhphuoc.gov.vn
(84-651) 3887524
(84-651) 3887523
[email protected]
(84-62) 3821219
(84-62) 3822919
www.binhthuan.gov.vn
(84-62) 3821128
(84-62) 3828656
(84-62) 3830017
(84-62) 3821243
(84-780) 3833343
(84-780) 3831352
(84-64) 3853848
WEBSITE/ EMAIL
(84-780) 3831332
(84-780) 3830773
(84-780) 3825866
(84-780) 3825477
(84-08) 08071162
(84-08) 08071182
(84-710) 3831627
(84-710) 3830570
(84-710) 3832293
(84-710) 3830773
(84-61) 3822501
(84-61) 3822505
(84-61) 3823854
(84-61) 3941718
(84-61) 3892378
(84-61) 3892379
(84-67) 3851601
(84-67) 3851615
(84-67) 3854812
(84-67) 3852955
(84-67) 3863086
(84-67) 3865471
www.bentre.gov.vn
www.camau.gov.vn
[email protected]
www.cantho.gov.vn
[email protected]
[email protected]
www.canthoepiza.gov.vn
[email protected]
www.dongnai.gov.vn
[email protected]
www.dpidongnai.gov.vn
[email protected]
ww.diza.org.vn
[email protected]
www.dongthap.gov.vn
www.dongthap.gov.vn
[email protected]
[email protected]
31
12
Hau Giang
PC
02 Hoa Binh St., Vi Thanh Town,
Hau Giang Province
(84-711) 3878841
(84-711) 3878846
www.haugiang.gov.vn
DPI
02 Hoa Binh St., Vi Thanh Town
(84-711) 3878872
(84-711) 3878871
[email protected]
(84-71) 3917535
(84-71) 3917535
(84-8) 38291055
(84-8) 38295675
(84-8) 38293174
(84-8) 38295008
(84-8) 38290405
(84-8) 38294271
(84-77) 3862564
(84-77) 3862687
www.kiengiang.gov.vn
(84-77) 3870319
(84-77) 3962223
http://kehoach.kiengiang.gov.vn
(84-77) 3942791
(84-77) 3942791
(84-63) 3822307
(84-63) 3821138
IZs BM
PC
13
Ho Chi Minh
city
DPI
32 Le Thanh Ton St., Dist.1
IZs & EPZs BM
(HEPZA)
35 Nguyen Binh Khiem St.,
Dist.1
06 Nguyen Cong Tru St., Rach
Gia Town, Kien Giang Province
29 Bach Dang St., Rach Gia
Town
531 Nguyen Trung Truc St.,
Rach Gia Town
04 Tran Hung Dao St., Da Lat
City, Lam Dong Province
02 Tran Hung Dao St., Da Lat
City
PC
14
Kien Giang
DPI
IZs BM
PC
15
Lam Dong
DPI
IZs BM
PC
16
Long An
DPI
IZs BM (LAIZA)
PC
17
Ninh Thuan
DPI
IZs BM
PC
18
Soc Trang
DPI
IZs BM
19
Tay Ninh
PC
DPI
IZs BM (TANIZA)
Moc Bai Border
Gate EZ BM
PC
20
Tien Giang
DPI
IZs BM
PC
21
Tra Vinh
DPI
IZs BM
PC
22
Vinh Long
DPI
IZs BM
32
G3/29 Road 54, Phu An
Residential Area, Cai Rang Dist.
86 Le Thanh Ton St., Dist.1, Ho
Chi Minh City
39 Hung Vuong St., Da Lat City
61 Nguyen Hue St., Tan An
Town, Long An Province
61 Truong Dinh St., Tan An
Town
65B Bao Dinh St., Tan An Town
450 Thong Nhat St., Phan Rang
City, Ninh Thuan Province
No.57, Road 16/4, Phan Rang
City
78 Tran Phu St., Phan Rang City
04 Tran Quang Dieu St., Soc
Trang Town, Soc Trang Province
21 Tran Hung Dao St., Soc
Trang Town
Km.2126+500, Highway 1A, Soc
Trang Town
C300, CMT8 St., Tay Ninh Town,
Tay Ninh Province
C300 CMT8 St., Tay Ninh Town
Anh Binh Hamlet, An Tinh
Commune, Trang Bang Dist.
Thuan Tay Hamlet, Loi Thuan
commune, Ben Cau Dist.
No.23, 30/4 St., My Tho City,
Tien Giang Province
38 Nam Ky Khoi Nghia St., My
Tho City
27 Nam Ky Khoi Nghia St., My
Tho City
52A Le Loi St., Tra Vinh Town,
Tra Vinh Province
19A Nam Ky Khoi Nghia St., Tra
Vinh Town
56B Nguyen Dang St., Tra Vinh
Town
88 Hoang Thai Hieu St., Vinh
Long Town, Vinh Long Province
01 Trung Nu Vuong St., Vinh
Long Town
85 Trung Nu Vuong st., Vinh
Long Town
(84-63) 3822311
www.hochiminhcity.gov.vn
www.dpi.hochiminhcity.gov.vn
[email protected]
www.hepza.gov.vn
[email protected]
www.lamdong.gov.vn
(84-63) 3834 806
(84-63) 3549103
(84-63) 3549104
[email protected]
(84-72) 3826333
(84-72) 3821858
www.longan.gov.vn
[email protected]
(84-72) 3826380
(84-72) 3825044
(84-72) 3825446
(84-72) 3825442
(84-68) 3822 686
(84-68) 3822866
www.ninhthuan.gov.vn
(84-68) 3822694
(84-68) 3825488
www.ninhthuan/sokhdt.gov.vn
[email protected]
(84-68) 3922046
(84-68) 3922046
(84-79) 3822 339
(84-79) 3828625
(84-79) 3611936
(84-79) 3820473
www.soctrang.gov.vn
[email protected]
(84-79) 3822333
[email protected]
(84-79) 3611936
www.tayninh.gov.vn
[email protected]
[email protected]
www.taniza.com
[email protected]
http://www.mocbai.info
[email protected]
www.tiengiang.gov.vn
[email protected]
(84-66) 3822233
(84-66) 3822166
(84-66) 3882300
(84-66) 3827290
(84-66) 3827947
(84-66) 3882300
(84-66) 3876952
(84-66) 3876 952
(84-73) 3873162
(84-73) 3873680
(84-73) 3871808
(84-73) 3875487
[email protected]
(84-73) 3886524
(84-73) 3871808
[email protected]
(84-74) 3855892
(84-74) 3855895
www.travinh.gov.vn
(84-74) 3862289
(84-74) 3864 348
[email protected]
(84-74) 3500535
[email protected]
(84-70) 3822574
(84-70) 3823774
www.vinhlong.gov.vn
[email protected]
(84-70) 3823319
(84-70) 3828033
[email protected]
(84-70) 3820972
(84-70) 3820972
[email protected]
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