Rights and obligations of investors
1. Rights of investors:
Investors’ rights are things that the law allows investors to do and are guaranteed by law. Some basic rights of investors can be mentioned as follows:
1.1. Right to choose industry, conduct business investment activities
Pursuant to Clause 1, Article 5 of the 2020 Investment Law: “Investors have the right to conduct business investment activities in industries and trades not prohibited by this Law. For conditional business lines, investors must satisfy the conditions for business investment as prescribed by law.” As such, Investors can freely choose and operate business lines that are not prohibited by Vietnamese law or must fully meet the conditions for conditional industries.
1.2. Autonomy in business investment:
The Law on Investment 2020 allows investors to make decisions on their own on the selection and implementation of investment activities and investment forms; adjustment of investment projects; transfer of investment projects; decommissioning and termination of investment activities; capital mobilization methods; …
1.3. Right to access and use investment resources:
Foreign investors are treated equally as domestic investors. Foreign investors are allowed to access and use credit capital, land and resource use support funds in accordance with law, rent or purchase equipment and machinery at home and abroad to implementation of investment projects, etc. Unless otherwise provided for by an international treaty to which Vietnam is a contracting party, the provisions of such international treaty shall apply.
1.4. The right to export, import, advertise, market, process and re-process in relation to investment activities:
Pursuant to the provisions of the investment law, investors have the following rights:
Directly import or entrust the import of equipment, machinery, supplies, raw materials and goods for investment activities; directly export or entrust the export and consumption of products.
Advertise and market their products and services and directly sign advertising contracts with organizations authorized to conduct advertising activities.
Carry out processing and reprocessing activities; order processing and re-processing in the country, order processing abroad in accordance with the law on commerce.
1.5. Some other rights of investors:
– To enjoy investment incentives in accordance with this Law and other relevant laws.
– Access and use public services on the principle of non-discrimination.
– Access to legal documents and policies related to investment; data of the national economy, of each economic sector and other socio-economic information related to investment activities; giving opinions on laws and policies related to investment.
– Complaints, denunciations or lawsuits against organizations and individuals that commit violations of the law on investment in accordance with law.
– Exercise other rights as prescribed by law.
2. Obligations of the Investor:
Besides enjoying a number of benefits, foreign investors are also obliged to do some of the following:
– Comply with the provisions of the law on investment procedures; carry out investment activities in accordance with the investment registration contents and the contents specified in the Investment Certificate. Investors must be responsible for the accuracy and truthfulness of investment registration contents, investment project dossiers and the legitimacy of certification documents.
– To fulfill all financial obligations as prescribed by law.
– Comply with the law on accounting, auditing and statistics.
– To perform obligations in accordance with the law on insurance and labor; respect the honor and dignity of employees, and ensure the legitimate rights and interests of employees.
Respect and create favorable conditions for employees to establish and join political organizations and socio-political organizations.
– Comply with the provisions of the law on environmental protection.
– Perform other obligations as prescribed by law.
Above is the advice of Khoa Tin Law on “Investors’ rights and obligations”.
In case customers have unclear issues or need to discuss further, please call us immediately at 0983.533.005 for a free consultation.
Best regards./.
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