Decision No. 37/2007/QD-BCN dated August 07, 2007 of the Ministry of Trade promulgating conditional investment domains and investment conditions in industries

THE MINISTER OF INDUSTRY

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom - Happiness

No. 37/2007/QD-BCN

Hanoi, August 7, 2007

FOR THE MINISTER OF INDUSTRY
VICE MINISTER




Bui Xuan Khu

No.

Conditional investment domains

Kinds and sizes of projects

Investment conditions

1

Investment in electricity development (pursuant to Article 11 of the Law on Electricity and Decree No. 108/2006/ND-CP)

Electricity sources, distribution grids, transformer stations, regardless of investment capital sources, with investment of VND 1,500 billion or more

- Conforming to electricity development plannings already approved by competent authorities;

- Investment in projects not yet included in plannings must be approved by the Prime Minister

- Ensuring environmental conditions as prescribed by law.

Transmission grids, regardless of capital sources, with investment of VND 1,500 billion or more

- Conforming to electricity development plannings already approved by competent authorities;

- Investment in projects not yet included in plannings must be approved by the Prime Minister;

- Being state enterprises;

- Ensuring environmental conditions as prescribed by law.

Nuclear power projects, regardless of their capital sources

- Conforming to electricity development plannings already approved by competent authorities;

- Investment is approved by the National Assembly;

- Being state enterprises;

- Ensuring environmental conditions as prescribed by law.

Large and multi-purpose hydroelectric projects, regardless of their capital sources

- Conforming to electricity development plannings already approved by competent authorities;

- Investment in projects not yet included in plannings must be approved by the Prime Minister;

- Being state enterprises;

- Ensuring environmental conditions as prescribed by law.

Investment projects capitalized at under VND 1,500 billion

- Conforming to electricity development plannings already approved by competent authorities;

- Projects not yet included in plannings must be approved by the Prime Minister to be added to plannings and invested;

- Ensuring environmental conditions as prescribed by law.

2

Petroleum (Petroleum Law, Decree No. 108/2006/ND-CP)

Prospecting, exploration, exploitation and processing, regardless of capital sources and investment

- Conforming to petroleum industry development plannings already approved by competent authorities;

- Investment in projects not yet included in plannings must be approved by the Prime Minister;

- Ensuring environmental conditions as prescribed by law.

Transportation, storing, distribution of petroleum products

- Conforming to petroleum industry development plannings already approved by competent authorities;

- Investment in projects not yet included in plannings must be approved by the Prime Minister;

- Ensuring environmental conditions as prescribed by law.

Petroleum services

- Conforming to petroleum industry development plannings already approved by competent authorities;

- Investment in projects not yet included in plannings must be approved by the Prime Minister;

- Particularly for foreign parties to a joint venture with a Vietnamese party, their contributed capital portion must not exceed 49% upon joint-venture establishment and 51% 3 years after the establishment. Two years later, they may establish a 100% foreign-invested enterprise;

- Ensuring environmental conditions as prescribed by law.

3

Minerals exploration, exploitation and processing (Pursuant to Article 29 of the Investment Law and Decree No. 108/2006/ND-CP)

Investment projects on exploration or exploitation: regardless of their capital sources and investment size

- Conforming to minerals industry development plannings already approved by competent authorities;

- Investment in projects not yet included in plannings must be approved by the Prime Minister;

- Ensuring environmental conditions as prescribed by law.

Investment projects on processing, regardless of their capital sources, with investment of VND 1,500 billion or more

- Conforming to minerals industry development plannings already approved by competent authorities;

- Investment in projects not yet included in plannings must be approved by the Prime Minister;

- Ensuring environmental conditions as prescribed by law.

4

Metallurgy (Decree No. 108/2006/ND-CP)

Regardless of capital sources, with investment of VND 1,500 billion or more

- Conforming to metallurgy development plannings already approved by competent authorities;

- Investment in projects not yet included in plannings must be approved by the Prime Minister;

- Ensuring environmental conditions as prescribed by law.

5

Industrial explosives, ammonium nitrate (NH4NO3) of a content of 98.5% or more (Decree No. 59/2006/ND-CP)

Production and business, regardless of capital sources and investment size

- Conforming to industrial explosive-industry development plannings already approved by competent authorities;

- Investment in projects not yet included in plannings must be approved by the Prime Minister;

- Investors must have industrial explosives production and business permits;

- The State holds 100% of charter capital;

- Ensuring environmental conditions as prescribed by law.

6

Toxic chemicals (Article 29 of the Investment Law, Decree No. 68/2005/ND-CP)

Production and business, regardless of capital sources and investment size

- Conforming to chemical industry development plannings already approved by competent authorities;

- Investment in projects not yet included in plannings must be approved by competent authorities;

- Having plans for prevention and overcoming of chemical incidents approved by competent authorities;

- Ensuring environmental conditions as prescribed by law.

7

Chemicals of Schedule 1 (Pursuant to Decree No. 68/2005/ND-CP and Decree No. 100/2005/ND-CP)

Production and business, regardless of capital sources and investment size

Investment conditions are prescribed in Articles 2 and 4 of Decree No. 100/2005/ND-CP, including:

- Investing only in research, healthcare, pharmacy or protection against chemical weapons;

- Ensuring investment forms and sizes according to Point a, Article 4 and Point a, Item 12 of Article 2;

- Ensuring investment conditions according to Point b, Article 4, including the Prime Ministers permission (in case of investment addition, adjustment or changes at existing Schedule-1 chemical establishments, the Prime Ministers permission is also required according to Point c of Article 4);

- Performing the declaration obligation according to Item 2 of Article 4;

- Performing the verification obligation according to Item 3 of Article 4;

- Ensuring environmental conditions as prescribed by law.

8

Chemicals of Schedule 2 and Schedule 3 (Pursuant to Decree No. 68/2005/ND-CP and Decree No. 100/2005/ND-CP)

Production and business, regardless of capital sources and investment size

Investment conditions are prescribed in Articles 2, 6, 7 and 8 of Decree No. 100/2005/ND-CP, including:

- Ensuring investment for permitted purposes defined in Item 11 of Article 2;

- Ensuring investment conditions according to Point 1, Article 6, including the Industry Ministrys approval (in case of investment addition, adjustment or changes at existing Schedule-2 or Schedule-3 chemical establishments, the Industry Ministrys approval is also required according to Item 2 of Article 6);

- Performing the declaration obligation according to Article 7;

- Performing the verification obligation according to Article 8;

- Ensuring environmental conditions as prescribed by law.

9

DOC, DOC-PSF chemicals (Pursuant to Decree No. 68/2005/ND-CP and Decree No. 100/2005/ND-CP)

Production and business, regardless of capital sources and investment size

Investment conditions are prescribed in Articles 2, 10, 11 and 12 of Decree No. 100/2005/ND-CP, including:

- Ensuring investment for permitted purposes defined in Item 11 of Article 2;

- Ensuring investment conditions according to Article 10;

- Performing the declaration obligation according to Article 11;

- Performing the verification obligation according to Article 12;

- Ensuring environmental conditions as prescribed by law.

10

Processing of tobacco raw materials (including fire-curing, stemming, cutting) (Pursuant to Article 29 of the Investment Law, Decree No. 59/2006/ND-CP, Decree No. 119/2007/ND-CP)

Regardless of capital sources and investment size

Conforming to tobacco industry plannings and strategies already approved by competent authorities.

Investment in projects not included in plannings must be approved by competent authorities;

Having tobacco trade eligibility certificates;

Ensuring environmental conditions as prescribed by law.

11

Manufacture of cigarettes (Pursuant to Article 29 of the Investment Law, Decree No. 59/2006/ND-CP, Decree No. 119/2007/ND-CP and Decree No. 108/2006/ND-CP)

Regardless of capital sources and investment size

Conforming to tobacco industry plannings and strategies already approved by the Prime Minister; investment in projects not included in plannings must be approved by the Prime Minister;

Having manufactured tobacco products before the promulgation of the Governments Resolution No. 12/2000/NQ-CP of August 14, 2000, on the national policy for prevention and combat of tobacco harms in the 2000-2010 period;

Having permits for manufacture of tobacco products;

The State holds dominant shares in charter capital of enterprises;

Investing in raw materials regions and using home-made tobacco raw materials under the approved planning for development of tobacco raw materials regions, strategies and master plan for development of the tobacco industry;

Having synchronous and advanced equipment, ensuring labor safety and hygiene conditions, fire prevention and fighting and environmental hygiene;

Ensuring hygiene requirements for tobacco products under regulations of the Healthy Ministry, ensuring tobacco product quality according to Vietnams quality standards;

Having the lawful ownership over or right to use trademarks of tobacco products which are being protected in Vietnam;