NOTES:
1.
Background: The
Law on Foreign Investment in Vietnam was originally adopted on
December 29, 1987 by the National Assembly, Legislature VIII,
during its 2nd Session (the "1987 FIL"). The 1987 FIL
was revised twice on June 30, 1990 and December 23, 1992 respectively.
On November 12, 1996 the National Assembly of Vietnam repealed
the 1987 FIL in its entirety and adopted its replacement anew
("the 1996 FIL"). The 1996 FIL was amended on June 9,
2000 by the National Assembly under Law No. 18/2000/QH10 ("the
2000 Amendments"). The title of the Law remains unchanged.
In this translation, the 2000 Amendments are incorporated into
the main body of the 1996 LIF for purposes of convenience.
2.
Added words and footnotes:
Because Vietnamese
and English have very different grammatical structures and because
each language possesses its own unique legal and cultural tradition,
it is impossible in some instances to have a "perfect"
word for word English translation of a Vietnamese legal document.
With this in mind, we have taken the liberty of adding words and
phrases in this translation where appropriate as to (i) facilitate
readability and understanding, and (ii) conform with the English
language convention in a manner consistent with the meaning of
the original Vietnamese text. Added words are placed in square
brackets for easy identification. Furthermore, footnotes and annotations
are also added so as to (i) render commentaries on the choice
of words and legal terminology in this translation, and give cross-references
to related or equivalent legal concepts and terms adopted by common
law, and (ii) make notes on legal issues and ambiguous expressions
found in the original Vietnamese text of this Law during the course
of translation.
Punctuation:
In the original Vietnamese
text of this Law, the drafters often use commas and semicolons
instead of writing clearly the words "or", "and"
or "and/or". In Vietnamese, the comma and semicolon
may be conjunctive or disjunctive. Therefore, the meaning of certain
provisions in the original text of this document appears ambiguous.
Throughout this translation, commas and semicolons are translated
as "and", "or" or "and/or" according
to the context. Words added in place of commas and semicolons
are placed in square brackets for easy identification.