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 7 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 22 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 23 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 24 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. 25 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] 33 34 35 36