The Investment Law stipulates
Ensuring property rights
1. The investor's legally owned assets are not nationalized or confiscated by administrative means.
2. In cases where the State requisitions or appropriates assets for reasons of national defense, security, or national interest, or in emergency situations or for disaster prevention and control, the investor shall be compensated in accordance with the law on requisition and appropriatement of assets and other relevant laws.
Ensuring investment and business operations
1. The State does not require investors to fulfill the following requirements:
a) Prioritize purchasing and using domestic goods and services, or be required to purchase and use goods and services from domestic manufacturers or service providers;
b) Exporting goods or services at a certain rate; restricting the quantity, value, and types of goods and services exported or produced and supplied domestically;
c) Importing goods in quantities and values corresponding to the quantities and values of exported goods, or having to balance foreign currency from export sources to meet import needs;
d) Achieving the localization rate for domestically produced goods;
e) Achieving a certain level or value in research and development activities within the country;
f) Providing goods or services at a specific location domestically or internationally;
g) Establish the head office at a location as required by the competent state authority.
2. Based on the socio-economic development orientation, foreign exchange management policy, and foreign currency balance capacity in each period, the Prime Minister decides on ensuring the fulfillment of foreign currency needs for investment projects under the authority of the National Assembly and the Prime Minister to decide on investment policies, as well as other important infrastructure development investment projects.
Ensuring the transfer of assets of foreign investors abroad.
After fulfilling all financial obligations to the Vietnamese State as stipulated by law, foreign investors are allowed to transfer the following assets abroad:
1. Investment capital, investment liquidation proceeds;
2. Income from investment and business activities;
3. Money and other assets legally owned by the investor.
Ensuring investment and business operations in the event of changes in the law.
1. If a newly enacted legal document stipulates higher investment incentives than those currently enjoyed by the investor, the investor shall be entitled to the investment incentives as prescribed by the new legal document for the remaining incentive period of the project.
2. If a newly enacted legal document stipulates lower investment incentives than those previously enjoyed by the investor, the investor may continue to apply the previously stipulated investment incentives for the remaining incentive period of the project.
3. The provisions of Clause 2 of this Article do not apply in cases where the provisions of a legal document are changed for reasons of national defense, national security, public order, social safety, social morality, public health, or environmental protection.
4. If an investor is no longer eligible for investment incentives as stipulated in Clause 3 of this Article, the matter may be resolved through one or more of the following measures:
a) Deduct the investor's actual losses from taxable income;
b) Adjusting the operational objectives of the investment project;
c) Assisting investors in recovering from losses.
5. For investment guarantee measures stipulated in Clause 4 of this Article, the investor must submit a written request within 03 years from the date the new legal document comes into effect.
