Legal Advice: Rights of
investors in
Investors in
- Right to select investment sectors, forms of
investment, methods of raising capital, location, scale, co-investors and
operation duration of such investment project in accordance with current
regulations and local planning schemes;
- Right to register one or more business sectors; to
establish an enterprise; and to have authority over the registered
investment/business activities.
- For conditional investment sectors, investors shall
have autonomy in investment/business activities once they satisfy the
conditions regulated by laws.
1. Rights to access and use investment resources:
- Investors have the right to equally access and use
credit capital, support funds, land, and natural resources;
- Right to equally rent or purchase domestic and
foreign-manufactured equipment or machines needed for investment projects.
- Right to recruit domestic employees; recruit foreign
employees as managers, technical labor, or experts on demand in accordance
with the law.
- Salary of employees must be at least the minimum wage
as stipulated by labor laws.
2. Rights to import/export, to market/advertise, and to
process/re-process goods relating to investment activities:
- Right to import directly (or through an authorized
agent/distributor) equipment, machines, supplies, materials, and goods needed
for investment activities; to export directly (or through an authorized
agent/distributor) and to consume products.
- Right to market/advertise products and services.
- Right to undertake product processing/reprocessing
activities; to place orders for domestic product processing/reprocessing; or
to place orders for overseas product processing in accordance with laws.
3. Right to assign, adjust capital or investment
projects:
Investors have the right to assign, adjust capital or
investment projects. However, they are required to meet certain conditions in
cases regulated by law.
4. Right to mortgage land use rights and assets
attached to land:
Investors are permitted to mortgage land use rights and
its attached assets to credit institutions authorized to operate in
5. Right to purchase foreign currency:
Investors are entitled to purchase foreign currency
from authorized credit institutions for current transactions, capital
transactions and other transactions in accordance with laws on foreign
exchange management.
6. Other rights:
- Right to receive investment incentives as stipulated
by law.
- Right to access and use public services based on the
principle of non-discrimination.
- Right to have access to legal instruments and
policies relating to investment, to the national economy and each economic
sector’s data, and to other relevant eco-social information relating to
investment activities; right to give feedback on laws and policies relating
to investment.
- Right to lodge complaints, to accuse or to file a lawsuit
against individuals or organizations breaching the laws relating to
investment.
PLF – LAW
FIRM
|
Thứ Ba, 15 tháng 4, 2014
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