Investors’ benefits guaranteed

Question: (a foreign investor). I am running a firm in Việt Nam. Whether the State will guarantee my benefits in case of a newly promulgated law or policy? 

Answer:

Under Article 11 of the Investment Law,

1. If a newly promulgated law or policy contains higher benefits and incentives than those to which the investor was previously entitled, then the investor shall be entitled to the benefits and incentives in accordance with the new law as from the date the new law or policy takes effect.

2. If a newly promulgated law or policy adversely affects the lawful benefits enjoyed by an investor prior to the date of effectiveness of such law or policy, the investor shall be guaranteed to enjoy incentives the same as the investment certificate or there shall be resolution by one, a number or all of the following methods:

(a) Continuation of enjoyment of benefits and incentives;

(b) There shall be a deduction of the loss from taxable income;

(c) There shall be a change of the operational objective of the project;

(d) Consideration shall be given to paying compensation in necessary circumstances.

3. Based on the provisions of the laws and commitments in international treaties of which the Socialist Republic of Vietnam is a member, the Government shall make specific provisions on guarantee for interests of investors in the case where a change in laws or policies affects adversely the interests of the investors. /.