The list of investment conditions for foreign investors

1. Publication the list of investment conditions for foreign investors

– The provisions of Clause 1, Article 13 of the Government’s Decree No. 118/2015 / ND-CP of November 12, 2015 guiding the Investment Law. The Ministry of Planning and Investment has announced the list of investment conditions for foreign investors on the National Information Portal on foreign investment. Website: https://dautunuocngoai.gov.vn

– This list is a combination of conditional business lines for foreign investors in accordance with Vietnam’s Schedule of Commitments in the World Trade Organization and other laws and ordinances. , decrees, international treaties on investment of Vietnam.

– Accordingly, foreign investors are required to meet all investment conditions if they wish to implement investment projects on the list of investment conditions for foreign investors. In cases where the investment projects of foreign investors fall under the provisions of Vietnamese law, which are not yet included in Vietnam’s international commitments, the investment registration agency shall consult the Ministry of Planning. Planning and Investment and the specialized management ministry for consideration and decision.

2.   The list includes 18 sub-sectors that require foreign investors to meet the investment conditions, including:

No Subdivision Name of investment business subject to condition
1 Real estate 1. Trading real estate
2 Rent or lease with or without operator 1. Rental services of aircraft without operator (CPC 83104);

2. Renting of other machinery and equipment without operator (CPC 83109);

3. Sea-going hire services with operators (CPC 72130);

4. Boat rental service without driver (CPC 83103).

3 Transport services 1. Maritime security services;

2. aircraft maintenance and repair services (CPC 8868 **);

Road maintenance and repair services (CPC 8867);

4. Railway equipment maintenance and repair services (CPC 8868);

Goods handling services, excluding services provided at airports (CPC 741);

6. Providing flight assurance services;

Freight agency service (CPC 748);

Rail transport support services (CPC 743);

9. Towing and towing services (CPC 7113);

Other services (part of CPC 749);

11. Warehouse services (CPC 742);

12. Container warehousing services;

13. Tug boat service (CPC 7214 – towing and towing services);

14. Customs clearance services;

15. International multimodal transport services;

16. Pipeline transportation services (CPC 713);

17. Cargo transportation by sea, except domestic transport (CPC 7212);

18. Goods transport services by road (CPC 7123);

Goods transport services by rail (CPC 7112);

20. Passenger transport services by sea, except domestic transport (CPC 7211);

21. Road passenger transport services (CPC 7121 + 7122);

22. Rail passenger transport services (CPC 7111);

Container handling services, except for services provided at airports (CPC 7411).

4 Professional Services 1. Accounting, auditing and book-keeping accounting services (CPC 862);

2. Architectural Services (CPC 8671);

3. Legal Services (CPC 861);

Urban planning services and urban landscape architecture (CPC 8674);

Veterinary services (CPC 932), excluding the storage of microorganisms in veterinary medicine;

6. Taxation services (CPC 863);

Technical consulting services (CPC 8672), technical consulting services (CPC 8673).

5 Travel and related services 1. Travel agency and tour operator services (CPC 747);

2. Hotel reservation services (CPC 64110); food supply (CPC 642), beverages (CPC 643).

6 Recreational, cultural and sporting services 1. theme park (CPC 9649);

2. The service of recording music, music, theater, entertainment;

Entertainment services, including theater, live music and circus (CPC 9619);

4. Trading in electronic games (CPC 964);

5. Conducting prize-winning electronic games for foreigners;

6. Lottery business.

7 Computer services and related services 1. Computer services and related services (CPC 841-845, CPC 849).
8 Audiovisual services 1. Film screening services (CPC 96121);

2. Film distribution services (CPC 96113), other than video tapes;

Radio and television broadcasting services (CPC 9613);

4. Film production (CPC 96112).

9 Research and development services 1. Research and development services for natural sciences (CPC 851);

2. Research services on culture, society and humanities; Multidisciplinary research and development services (CPC 852, 853).

10 Information service 1. Postal services (CPC 751 – Post and delivery services, CPC 7511 – Postal services);

2. Basic telecommunications services;

Other basic telecommunications services (virtual private service – VPN);

4. Value-added telecommunications services.

11 Building services 1. Constructing works (CPC 511-8).
12 Health and social services 1. Hospital (CPC 9311);

2. Other health care services (CPC 9319);

3. Specialized Clinics (93122);

4. General Clinic (CPC 93121).

13 Education and training – vocational training and related services 1. Sub-lease of labor;

Vocational training services (CPC 9223, 9231);

3. Service of sending laborers to work abroad;

Education services (CPC 921 primary education, CPC 922 general education, CPC 923 high school education, CPC 924 adult education and other educational services, including CPC 929 );

5. Training services with foreign countries.

14 Environment 1. Environmental impact assessment services (CPC 94090 **);

2. Gas cleaning services and noise treatment services (CPC 9404, 9405);

3. Wastewater treatment services (CPC 9401);

4. Waste treatment services (CPC 9402).

15 Agriculture, Forestry and fishery 1. Services relating to agriculture, hunting and forestry (CPC 881);

2. Exploitation of aquatic resources.

16 Production and trading of goods 1. Processing vegetable oil;

2. Processing sugar;

3. Wood processing (except for projects using imported timber);

4. Processing milk;

5. Trading in airports and airfields (CPC 7461); river ports, seaports;

6. Railway infrastructure business;

7. Trading in industrial pre-substances;

8. Trading explosive pre-substances;

9. Trading and repairing support tools, hunting guns;

10. Trading in industrial explosive materials, including destruction activities;

11. Manufacture of seals;

12. Manufacture of tobacco products;

13. Producing and trading fireworks, including fireworks;

14. Transmitting and regulating the national electricity system;

15. Construction, installation, operation and maintenance of telecommunication equipment.

17 Trade in Services 1. Distribution services;

2. Import of tobacco products for commercial purposes;

3. Collection of goods in the inland.

18 Other business services 1. Security services (CPC 87305);

2. Photographic services of portrait, photographic special, photographic specialized (CPC 87504), except aerial photography;

Notary services (CPC 8613);

4. Industrial property representation service;

Packaging services (CPC 876);

6. Professional assessment services;

7. Judicial expertise services;

8. Printing printing services;

9. Inspection and certification services for transport means;

Technical inspection and analysis services (CPC 8676);

11. Cleaning services for buildings; includes bactericidal and preventive service and window cleaning services in industrial and processing zones (CPC 87401, 87402);

Services related to mining (CPC 883), excluding activities such as the supply of materials, equipment and chemicals, ground services, boat services, life services. flight services;

13. services relating to production (CPC 884, 885);

14. Services relating to scientific and technical consultancy (including: geological, geophysical and other reserve forecasting services CPC 86751); land survey service (CPC 86752); Surface survey service CPC 86753);

Services relating to management consultancy (CPC 866), other than public consultation services (CPC 86402);

16. Blasting services throughout Vietnam and in the region;

17. Management services;

18. Advertising services (CPC 871), excluding tobacco advertising; \

19. Repair and maintenance services of machinery and equipment (CPC 633), not including repair or maintenance of ships, aircraft or other transport equipment;

20. Valuation services;

21. Laundry services (CPC 97001), dry cleaning, is (CPC 97014);

22. Consultancy services for evaluation of investment projects (part of CPC 865);

23. Management consulting services (CPC 865), production management consultancy (CPC 86505);

24. Consulting services to determine the value of enterprises for equitization;

25. Business of mobile communication breakers.

 

The specific conditions for each of the above-mentioned investment business lines shall be specified by the Ministry of Planning and Investment at the National Information Portal on foreign investment.

3.  The note

Some points for foreign investors having business investment projects on the list of conditional investment business:

–          Principle of application of conditions to foreign investors :

+ To conduct a number of conditional business lines and trades applicable to foreign investors: They must satisfy all the conditions for such branches and trades;

Investors who are subject to many agreements shall be entitled to apply one of such agreements;

+ Non-WTO investors are the same as WTO countries;

+ Investors who are foreign citizens but also have Vietnamese nationality may choose to apply the investment conditions and investment procedures as prescribed for domestic investors or foreign investors;

+ For branches and sub-sectors not committed, not yet committed, not yet regulated: i) If the law already contains provisions, they shall comply with the provisions of law; ii) if the foreign investor has been permitted and announced in the National Portal on foreign investment, other investors may do so; iii) If not yet stated in the list published, the branch-managing ministry and the Ministry of Planning and Investment shall ask.

–          Conditions applicable to foreign investors apply in the following cases:

+ Investment in establishing economic organizations;

+ Investment in the form of capital contribution, share purchase, capital contribution in economic organizations;

+ Investment in the form of business cooperation contract;

+ Receive transfer of investment projects or cases of receiving investment projects;

+ To amend and supplement lines of business investment of economic organizations with foreign investment.

–          Investment conditions for foreign investors include:

+ Ownership of charter capital in economic organizations of foreign investors;

+ Form of investment;

+ Scope of activities;

+ Investment partner;

+ Other conditions as prescribed by laws, ordinances, decrees and treaties (separate provisions for foreign investors).

 

If you are looking for legal advice, please feel free to contact Kim Huc for more information!

KIM HUC CONSULT AND TRADING COMPANY LIMITED

Add: C36-TT8, Van Quan, Dist Ha Dong, Ha Noi, Viet Nam

Tel: 024.3225.2641                       Fax: 024.3225.2640

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