NOTES:
3.
Ownership rights: The Vietnamese expression used
here is "quyeàn
sôû höõu", which
is literally "ownership rights" in English. As
defined under Article 173 of the 1995 Civil Code of Vietnam,
ownership rights include the owner’s right to possess, right
to use and right to dispose of property in accordance with
the provisions of law.
4.
Rights and interests: The drafters adopt the
words "quyeàn
lôïi" here and
elsewhere in the original Vietnamese text of this Law. They
also adopt the Vietnamese term "quyeàn"
in other provisions of this Law. For translation purposes,
the Vietnamese word "quyeàn"
is translated as "right" or "rights"
and the Vietnamese expression "quyeàn
lôïi"
is translated as "rights and interests" or "rights,
interests" to reflect accurately their usage in the
original Vietnamese text of this Law.
5.
Defined terms: The original Vietnamese version
of this Law does not capitalize the terms defined in Article
2. In this English translation, we have taken the liberty
of capitalizing all the defined terms where applicable to
conform with English legal drafting conventions. The drafters
however capitalize a number of terms that are not defined
in this Law, such terms include the "State of Vietnam",
"Government" and "Ministries". These
terms are also capitalized in this English translation.
6.
Enterprise: The Vietnamese term "doanh
nghieäp" used
here and else where in this Law literally means "enterprise"
in English. It is defined in the 1999 Enterprise Law of
the Socialist Republic of Vietnam as an economic organization
having a proper name, assets and permanent contact head
office, and being registered for doing business in accordance
with the provisions of law for the purpose of carrying out
business activities
7.
Industrial zone: The Vietnamese version does
not capitalize this word. Most likely, the drafters refer
to the term "Industrial Zone" defined in Article
2(16).
8
Capital loan: The English term "loan capital"
is a literal translation of the Vietnamese term "voán
vay" adopted in
the Vietnamese version.
9.
Legal capital: With respect to Vietnamese-owned
enterprises established under the 1999 Enterprise Law of
Vietnam, "legal capital" is the minimum amount
of capital required under the provisions of law in order
to form an enterprise.
10.
Charter: (or "Ñieàu
leä" in Vietnamese)
is the equivalent of "articles of association"
and "memorandum of association" of a corporation,
and the equivalent of the "articles of partnership"
of a partnership firm.
11.
Techniques: The Vietnamese words used here are
"kyõ thuaät
hieän ñaïi". They
may be expressed as "modern techniques" or "modern
technical engineering" in English.
12.
Alphabetical designation: In this Article and
elsewhere throughout the translation, the Vietnamese alphabetical
designation for Clause (e) has been changed to reflect the
appropriate English alphabet designation. References in
the original Vietnamese text to clauses succeeding Clause
(e) are also changed in the translation accordingly.
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