Company Incorporation Services In Vietnam

Key notes to apply the list of Investment Conditions

Last modified: 17/02/2021

1. Definitions

Investment conditions for foreign investors are the conditions that foreign investors must satisfy when conducting investment activities in investment sectors or trades subject to investment conditions for foreign investors in accordance with provisions of international treaties on investment, relevant laws, ordinances and decrees.
Investment conditions applicable to foreign investors include: the proportion of foreign investors’ ownership in charter capital of a business organization; investment form; scope of investment activities; Vietnamese partners to participate in investment activities and other conditions as provided for in international treaties on investment, relevant laws, ordinances and decrees.
Investment conditions for foreign investors apply in the following cases: (i) Investment to establish economic organizations; (ii) Investment in the form of capital contribution, share purchase, capital contribution in economic organizations; (iii) Investment in the form of business cooperation contract; (iv) Receiving transfer of an investment project or other cases of receiving investment projects; (v) Amending and supplementing the business lines of business investment of foreign-invested economic organizations.


2. Foreign investors conducting investment activities in different branches or sub-sectors must satisfy all investment conditions applicable to those branches or sub-sectors.


3. Foreign investors conducting investment activities must comply with the provisions of Vietnamese law and Vietnam international treaties being a member to which the foreign investor is subject to regulation.


4. If a foreign investor is subject to a treaty on investment with different provisions on investment conditions, that investor may choose to apply the investment conditions specified in one of the those international treaties. Such investor must comply with the provisions of Item b, Clause 2, Article 10 of Decree 118.


5. Investors being Vietnamese citizens concurrently holding foreign nationality are entitled to choose and apply investment conditions as prescribed for domestic investors or foreign investors. Such investor must comply with Article 11 of Decree 118.


6. Foreign investors in territories that are not WTO members conducting investment activities in Vietnam are entitled to the same investment conditions provided for investors belonging to countries or territories that are WTO members, unless otherwise provided for by Vietnamese law or international treaties between Vietnam and that country or territory.


7. For sectors and sub-sectors for which foreign investors satisfy investment conditions for foreign investors, the investment registration agency shall consider and decide on the grant or modification of registration certificates. make investment or register for capital contribution, purchase of shares or capital contributions of foreign investors in accordance with the Law on Investment.


8. For service sectors and sub-sectors which have not yet committed or are not specified in Vietnam’s WTO Schedule of Commitments or other treaties on investment, but the Vietnamese law already has provisions on investment conditions for foreign investors, the provisions of Vietnamese law shall apply.


9. For service sectors or sub-sectors which have not yet committed or are not specified in Vietnam’s WTO Schedule of Commitments or other international treaties on investment for which investment conditions are not yet provided by Vietnamese law for foreign investors, the investment registration agency shall consult the Ministry of Planning and Investment and the specialized management ministry for consideration and decision.


10. Apply for Japanese Investors Only

Japanese investors are entitled to the same investment conditions as domestic investors, except for restrictions on industries and sub-sectors specified in Appendices I and II to the Agreement on Freedom and Promotion. and investment protection from Vietnam – Japan.


11. Apply for US Investors Only
US investors investing in service industries and sub-sectors may be selected to apply investment conditions specified in Vietnam’s WTO Schedule of Commitments or Chapter III, Appendix G to Vietnam Trade Relations Agreement – USA. For matters relating to investment in the service sector not covered by Chapter III, Annex G of the Vietnam-US Bilateral Trade Agreement, US investors are entitled to investors, except for the matter specified in Chapter IV, Appendix H to the US-Vietnam Bilateral Trade Agreement. US investors investing in industries that are not in the service sector are eligible for the same investment conditions as domestic investors, except for the matter specified in Chapter IV, Appendix H to the Agreement on Vietnamese trade relations. South – United States.


12. Apply for ASEAN and Partners Only
Except when choosing to apply free trade agreements between ASEAN and partners or other international treaties on investment, investors of ASEAN member states investing in service sectors and sub-sectors shall comply with the provisions of the ASEAN Framework Agreement on Services; The application of investment conditions to foreign investors complies with the principles stated in Sections 7, 8 and 9, Part II above. Investors belonging to ASEAN member countries investing in industries, sub-sectors of production, agriculture and forestry, fisheries, mining and quarrying and services related to the above sectors are eligible. Investment is similar to that of a domestic investor, except for some restrictions specified in the Vietnamese Reserve List of the ASEAN Comprehensive Investment Agreement.


13. Where an international treaty on investment contains provisions different from those of laws, ordinances and decrees on investment conditions applicable to foreign investors, the provisions of treaties on investment shall be applied.


14. In the event of any discrepancy between the international treaties on investment, laws, ordinances and decrees and this List, treaties on investment, laws, ordinances and decrees shall prevail. related design.
In case the investment conditions for foreign investors published on the National Foreign Investment Portal are different from those in international treaties on investment, relevant laws, ordinances and decrees, Applicable to provisions of international treaties on investment, laws, ordinances and decrees.


15. When applying investment conditions to foreign investors specified in international treaties on investment, relevant laws, ordinances and decrees, the application of the provisions on investment conditions in the general provisions of treaties on investment, relevant laws, ordinances and decrees, including those governing scope and subject of application.

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