What are the requirements of charter capital for enterprises to invest in the business of defense and security technical equipment in Vietnam?
- What is the specialized technical equipment in Vietnam?
- What are the requirements of charter capital for enterprises to invest in the business of defense and security technical equipment in Vietnam?
- Is it compulsory for enterprises that invest in the business of defense and security technical equipment in Vietnam to have a charter capital of VND 100 billion?
- What are the requirements for enterprises to invest in the business of defense and security technical equipment in Vietnam?
What is the specialized technical equipment in Vietnam?
According to the provisions of Clause 4, Article 3 of Decree 101/2022/ND-CP, specialized technical equipment serving national defense and security in Vietnam includes:
- Technical equipment, weapons, special-use military and police vehicles and special equipment are technical equipment and vehicles manufactured and manufactured to serve national defense and security;
- Components, parts, spare parts and supplies being electronic parts, semiconductor details, mechanical details, parts and accessories, other materials are manufactured, manufactured to replace, support or ensure the operation of military weapons, technical equipment, weapons, military special-use vehicles, police and special equipment specified in Clause 3 of this Article and Point a of this Clause.
In addition, in Clause 8, Article 3 of Decree 101/2022/ND-CP, investment and business in specialized equipment serving national defense and security is the continuous implementation of one, several or all of the following: stages from investment, production to supply specialized equipment for the people's armed forces.
What are the requirements of charter capital for enterprises to invest in the business of defense and security technical equipment in Vietnam?
Is it compulsory for enterprises that invest in the business of defense and security technical equipment in Vietnam to have a charter capital of VND 100 billion?
According to Article 8 of Decree 101/2022/ND-CP on requirements of charter capital for enterprises to invest in the business of defense and security technical equipment as follows:
Conditions for trading in specialized technical equipment serving national defense and security
1. Enterprises directly serving national defense and security may invest in and trade in specialized technical equipment serving national defense and security specified in Clause 4, Article 3 of this Decree when fully meeting the following conditions: :
a) Having a minimum charter capital of VND 100 billion at the time of requesting for participation in investment in research, manufacture, production and repair of specialized technical equipment serving national defense and security;
b) Having process, technology, equipment and means for research, production, manufacture and repair of specialized technical equipment in service of national defense and security; have measuring equipment to check and monitor technical requirements and product quality;
c) Production areas, auxiliary areas, testing areas, warehouses, areas for storing and preserving specialized technical equipment in service of national defense and security shall be arranged separately and designed and built. comply with standards and technical regulations on safety, fire and explosion prevention, and environmental protection in accordance with current law;
d) Having at least 50 technical workers with professional qualifications suitable to the fields of research, manufacture, production and repair of specialized technical equipment serving national defense and security;
dd) Ordered or assigned by the Minister of National Defense or the Minister of Public Security or selected through bidding procedures.
2. Enterprises other than those specified in Clause 1 of this Article may invest in and trade in specialized technical equipment serving national defense and security specified in Clause 4, Article 3 of this Decree when fully meeting the following conditions: the following case:
a) The provisions at Point a, Clause 2, Article 6 of this Decree;
b) The provisions in Clause 1 of this Article.
3. In case an enterprise only buys and sells specialized technical equipment in service of national defense and security specified in Clause 4, Article 3 of this Decree, for enterprises specified in Clause 1 of this Article: must satisfy only the conditions specified at point dd, clause 1 of this Article, or for enterprises specified in clause 2 of this Article, only the conditions specified at point dd, clause 1 and point a, clause 2 of this Article must be satisfied.
Accordingly, enterprises directly serving national defense and security may invest in and trade in specialized technical equipment in service of national defense and security and must fully satisfy the following conditions:
- Having a minimum charter capital of VND 100 billion at the time of requesting for participation in investment in research, manufacture, production and repair of specialized technical equipment serving national defense and security;
- Having process, technology, equipment and means for research, production, manufacture and repair of specialized technical equipment in service of national defense and security; have measuring equipment to check and monitor technical requirements and product quality;
- Production areas, auxiliary areas, testing areas, warehouses, areas for storing and preserving specialized technical equipment in service of national defense and security shall be arranged separately and properly designed and built. standards and technical regulations on safety, fire and explosion prevention, and environmental protection in accordance with current law;
- Having at least 50 technical workers with professional qualifications suitable to the fields of research, manufacture, production and repair of specialized technical equipment serving national defense and security;
- Being ordered or assigned by the Minister of National Defense or the Minister of Public Security or selected through bidding procedures.
In addition, for enterprises that are not directly serving national defense and security, they may invest in and trade in specialized technical equipment serving national defense and security when the above conditions are satisfied together with the following conditions:
- Being established in accordance with the law; operating in the Vietnamese territory; no foreign investment capital;
What are the requirements for enterprises to invest in the business of defense and security technical equipment in Vietnam?
According to the provisions of Article 4 of Decree 101/2022/ND-CP on the principles of investment and trading in technical equipment serving national defense and security, specifically as follows:
- Protecting the independence, sovereignty, unity and territorial integrity of the Fatherland, national security and social order and safety.
- Stricting management, ensuring confidentiality and safety.
- Training, research, production, manufacturing, repair, assembly and development establishments of specialized technical equipment under the Ministry of National Defense and the Ministry of Public Security may only conduct research, production, manufacture, repair, assemble and develop when assigned tasks and orders by competent authorities specified in Article 10 of this Decree.
- Complying with the provisions of the law on business lines subject to security and order conditions as prescribed in the Government's Decree No. 96/2016/ND-CP dated July 1, 2016 regulating regulations conditions on security and order for a number of conditional investment and business lines; provisions of the law on environmental protection.
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