Investment guarantees and assistance

1. Investment guarantee
1.1 Guarantees for asset ownership
(i) Lawful assets of investors shall not be nationalized or confiscated by administrative measures.
(ii) Where an asset is acquired or requisitioned by the State for reasons of national defense and security, national interest, state of emergency or natural disaster management, investors shall be reimbursed or compensated in accordance with the law on acquisition and requisition of assets and other relevant laws.
1.2 Guarantees for business investment activities
(i) The State does not require investors to:
a) Give priority to purchase or use of domestic goods and services or only purchase or use goods and services supplied by domestic manufacturers or service providers;
b) Achieve a certain export target; restrict the quantity, value, type of goods and services exported or domestically produced or supplied;
c) Import a quantity and value of goods that is equivalent to the quantity and value of exported goods; or balance foreign currencies earned from export to meet import demands;
d) Achieve a certain localization rate for domestically produced goods;
dd) Achieve a certain level or value of domestic research and development;
e) Provide goods and services at a specific location in Vietnam or oversea;
g) Have the head office situated at a location requested by a competent authority.
(ii) Depending on the conditions of socio-economic development and demands for investment attraction in each period, the Prime Minister shall decide the forms of guarantee by the State for the implementation of projects which are subject to approvals of investment policies by the National Assembly and the Prime Minister, and other important infrastructure development projects.
1.3 Guarantees for transfer of assets of foreign investors abroad
After fulfilling its financial obligations to the State of Vietnam in accordance with laws, foreign investors may transfer the following assets abroad:
1) Investment capital and proceeds from investment liquidations;
2) Income from business investment activities;
3) Money and other assets legally owned by the investors.
1.4 Guarantees for business investment upon changes of laws
(i) Where a new law provides more favorable investment incentives, investors are entitled to enjoy the new investment incentives for the remaining period of the incentive enjoyment of the project.
(ii) Where a new law provides less favorable investment incentives than those previously enjoyed by the investor, the investor shall keep enjoying the current incentives for the remaining period of incentive enjoyment of the project.
(iii) The provisions of section (ii) above do not apply in case the regulations of a legal document are changed for reasons of national defense, national security, social order and safety, social ethics, public health or environmental protection.
(iv) In case the investor is no longer eligible for investment incentives as prescribed in section (iii) above, one or several solutions below shall be adopted:
a) Deducting the damage actually suffered by the investor from his/ her taxable income;
b) Adjusting the operational objectives of the project;
c) Assisting the investor in remedying the damage.
To enjoy the investment guarantees specified in section (iv) above, the investor shall make a written request within 3 years from the effective date of the new legal document.

2. Investment assistance
Forms of investment assistance include:
a) Assistance in development of technical infrastructure and social infrastructure inside and outside the perimeter of the investment project;
b) Assistance in training and development of human resources;
c) Credit assistance;
d) Assistance in access to business premises; assistance in relocation of business establishments under decisions of regulatory agencies;
e) Assistance in science, technology and technology transfer;
f) Assistance in market development and information provision;
g) Assistance in research and development.

3 Special investment incentives and assistance
3.1. The Government shall decide on the application of special investment incentives and assistance to encourage the development of a number of investment projects that have significant impacts on socio-economic development.
3.2. Objects eligible for special investment incentives and assistance include:
a) Projects on investment in establishment (including the expansion of such establishment project) of innovation centers and research and development centers with a total investment capital of at least VND 3,000 and disbursing at least VND 1,000 billion within 3 years from the issuance date of the investment registration certificate or the approval for investment guidelines; the National Innovation Center established under the Prime Minister's decision;
b) Investment projects in the business line eligible for special investment incentives with an investment capital of at least VND 30,000 billion and disbursing at least VND 10,000 billion within 3 years from the issuance date of the investment registration certificate or the approval for investment guidelines.
3.3. The Government shall request the National Assembly to decide to apply investment incentives other than those specified in this Law and other laws if it is necessary to encourage the development of a project of special importance or a special administrative - economic unit.