At present, State has regulated specifically the principles and content to ensure investment including: payment or compensation of property for foreign investors in case of State compulsory purchase and requisition of property of investor is transferred abroad; affirming to protect rights of intellectual property in investment, to ensure legitimate interests of investors in technology transfer as stipulated Laws in Vietnam; in process of investment in Vietnam, investors are applied uniformly prices, fees, charges for goods, services are supervised by State.

Especially, in the context of changing of Laws, policies, Law regulated investors could be addressed by one or some measures as following: continuing to enjoy benefits, preferences; deducting losses on taxable incomes; adjusting operation objects of projects; being considered to be compensated in necessary cases.

Investment is action of investor put capital in form of tangible or intangible assets to form conducting investment activities in accordance with this Law and other provisions of relating law. Investors are ensured the following contents:

Ensuring of capital and assets

Investment capital and legitimate assets of investors are not nationalized, or confiscated by administrative measures.

In case of absolutely necessary for reasons of national defense, national security and interests, State compulsory purchase and requisition of property investors, the investor is paid or compensated at the market price at the time of publication. The payment or compensation has to ensure the legitimate interests of investors and treat equally among investors.

For foreign investors, the payment or compensation for assets is carried out by free currency and is transferred abroad.

Procedures, conditions of compulsory purchase and requisition as stipulated Laws.

Protecting of intellectual property rights

State protects intellectual property in the field of investment; ensures legitimate interests of investors in technology transfer as stipulated Laws in Vietnam

Opening the investment market relates to trade

To appropriate to international treaties that Vietnam is a member, State guarantees to apply regulations on Opening the investment market to foreign investors; do not force investor to do the following requirements:

i) Purchase priority, using or purchasing of goods and services from domestic manufacturers or domestic certain service supplies.

ii) Certain rate of exporting goods or services; limiting quantity, value, types of goods and services that are exported or produced, supplied in domestic;

iii) Importing goods and services with quantity and value respective to quantity and value respective of exporting or self-balance foreign currency to meet importing demand;

iv) Reaching the certain localization rate of manufactured goods;

v) Achieving a certain level or value in research and development in the country;

vi) Supplying goods, services in a specific location in domestic or abroad;

vii) Placing head office in a specific location.

Transferring capital, assets abroad

After carrying out completely final obligations for State of Vietnam, foreign investors can transfer abroad the following items:

i) Profits from business activities;

ii) Charges for supplying tech, services, intellectual property;

iii) Foreign loan and its interest;

iv) Investment capital, liquidation of investment;

v) Other charges and assets are belonged to legitimate ownership of investors.

Foreigners who work for investment projects in Vietnam can transfer their legitimate income abroad after carrying out completely final obligations for State of Vietnam.

Transferring above items through freely convertible currency under exchange rate at commercial banks are selected by investors.

Procedure of transferring of items related to investment as stipulated law on foreign exchange

Applying uniformly prices, fees, charges

In process of investment in Vietnam, investor is applied uniformly prices, fees, charges to goods, services is supervised by State.

Ensuring investment in case of changed laws, policies

In case of changed laws, if new policies with higher benefits and preferences compete benefits and preferences that investor was enjoyed before, investors shall enjoy benefits and preferences under new regulations from laws, policies have effective.

In case new laws and policies make disadvantage impact to legitimate interest that investor was enjoyed before new laws and policies take effective, investor is guaranteed to enjoy references as stipulated at Investment Certificate or is addressed by one or more the following measures:

i) Continuing to enjoy the benefits and references;

ii) Deducing of losses on taxable income;

iii) Adjusting operation objectives of projects;

iv) Considering to compensate in necessary circumstances.

In accordance with Law and Commitment in international treaties which Socialist Republic of Vietnam is a member, Government regulated specifically on ensuring investors’ interests as changing of laws and policies make disadvantage impacts to investors’ interests.

Dispute resolution

Dispute relates to investment in Vietnam is resolved by negotiation, mediation, arbitration or court as stipulated at Laws

Domestic investors dispute with each other or with Vietnamese state management agencies which relate to investment in Vietnam territory is settled by Vietnamese Arbitration or Court.

Dispute which one party is foreign investors or foreign owned enterprises or foreign investors dispute with each other is settled by one of the agencies, organizations as follow:

i) Vietnamese Court;

ii) Vietnamese Arbitration;

iii) Foreign Arbitration;

iv) International Arbitration;

v) Arbitration is established by agreement of disputed parties.

Dispute between foreign investors and Vietnam state management agencies which relates investment in Vietnam territory is settled by Vietnamese Arbitration or Court, except as other agreement in contract which is signed between representative of state authorized agencies and foreign investor or in international treaties which Socialist Republic of Vietnam is a member.