Conditional Business-Investment

Besides investment incentives, investment support and investment guarantees, the existing laws of Vietnam also stipulate the areas of investment or business which are subject to conditions. These conditions are indicated in different legal documents requiring the investors’ compliance to.

Investment conditions

These conditions are applied to some areas which requiring domestic or foreign investors to follow if they want to invest in as stated in laws, ordinances, decrees or international commitment. The 2005 investment law stipulates 9 following areas requiring conditions which are applied both to domestic and foreign investors:

1)       Sectors impacting on national defence and security, social order and safety;

2)       Banking and finance sector;

3)       Sectors impacting on public health;

4)       Culture, information, the press and publishing;

5)       Entertainment services;

6)       Real estate business;

7)       Survey, prospecting, exploration and mining of natural resources; the ecological environment;

8)       Development of education and training;

9)       A number of other sectors in accordance with law

The specific commitment appendix to trade and services stipulates limitation measures to market access applied to foreign service providers in 17 areas

Decree No 108/2006/NĐ-CP dated 22 September 2006 by the Government promulgates 14 areas requiring conditions as follows:

1)       Broadcasting and television

2)       Publication, production and dissemination of cultural items

3)       Exploration and processing of natural minerals

4)       Set up basic telecommunication infrastructure, satellites, and other telecommunication and internet services

5)       Develop public postal network, postal service provision and express services

6)       Construction and operation of river ports, sea ports, airports

7)       Transportation of goods, passengers by airports, air transportation, railway, roads, and domestic river route

8)       Offshore fishing

9)       Tobacco production

10)   Real estate business

11)   Investment in import, export and distribution areas

12)   Education and Training

13)   Clinics and hospital

14)   Other preferential investment areas as stated in the international treaties which Vietnam is a member to, limiting openness to markets of foreign investors

Any investors investing in conditional areas shall follow evaluation process for being granted with investment certificate. For domestic investors, when investing in conditional areas, they shall be granted with investment certificate by the government competent agencies if meeting all requirements.

Business conditions

Conditions required in some areas as stated in the laws which business owners shall be in compliance with. There are two forms of conditions:

• Business lisence granted by the state competent agencies (business lisence can be called under different names such as certificate of sufficient conditions of business or operation lisence etc.);

• Conditions relating to required standards of techniques, technology, environmental hygiene, food safety, standard an-ti fire and fire prevention regulations, social order, traffic safety and other requirements applied to business (hereafter called as conditional business without lisence).

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