Question:
Our enterprise is a foreign-invested enterprise. I would like to ask how sectors, industries, and market access conditions for foreign investors are regulated.
Answer:
Pursuant to Article 9 of the 2020 Investment Law, the regulations on sectors, industries, and market access conditions for foreign investors are as follows:
1. Foreign investors are generally subject to the same market access conditions as domestic investors, except in cases specified in Clause 2, Article 9 of the 2020 Investment Law.
2. Based on legal documents and international treaties to which Vietnam is a member, the Government publishes a List of Sectors and Industries with Restricted Market Access for Foreign Investors, including two groups:
- Sectors and industries that are not yet open to market access;
- Sectors and industries subject to conditional market access.
3. For sectors and industries with conditional market access, the market access conditions for foreign investors may include one or more of the following criteria:
- Foreign ownership ratio in the charter capital of the economic organization;
- Forms of investment permitted;
- Scope of investment activities;
- Capacity of the investor or partner participating in the investment;
- Other conditions as prescribed by laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government, or international treaties to which Vietnam is a member.
Consulting reference: Foreign investment services
