Principles of Collection and Announcement of the List of Investment Conditions for Foreign Investors
1. The list of investment conditions for foreign investors (hereinafter referred to as “the List”).
It has been reviewed and gathered according to the provisions of Clause 1, Article 13 of Decree No. 118/2015 / ND-CP dated 12 / 11/2015 of the Government detailing and guiding the implementation of a number of articles of the Investment Law (hereinafter referred to as Decree 118).
The Ministry of Planning and Investment has coordinated with ministries and ministerial-level agencies to synthesize industries, trades and investment conditions for foreign investors in the provisions of international treaties on investment, laws and ordinances. and related decrees (effective as of December 27, 2015).
The list includes services sectors and sub-sectors specified in Vietnam’s WTO Schedule of Commitments and international treaties on investment; service sectors and sub-sectors that have not been committed or are not specified in Vietnam’s WTO Schedule of Commitments and other international treaties on investment for which investment conditions are provided for by Vietnamese law and applied for foreign countries in the relevant laws, ordinances and decrees.
The list does not include services sectors or sub-sectors that have not been committed or are not specified in Vietnam’s WTO Schedule of Commitments and other international treaties on investment for which investment conditions are not yet provided by Vietnamese law on investment for foreign investors.
2. International treaties on investment are gathered, including:
(i) Vietnam’s schedule of commitments in the WTO (2007);
(ii) ASEAN – ACIA Comprehensive Investment Agreement (2009);
(iii) ASEAN Framework Agreement on Services – AFAS (2014);
(iv) Free trade agreement (“FTAs”) between:
- ASEAN with China – ACFTA (2005);
- ASEAN with Korea – AKFTA (2007);
- ASEAN with Australia / New Zealand – AANZFTA (2009);
- ASEAN with India – AAFTA (2010);
- Vietnam with South Korea – VKFTA (2015).
(v) Agreement on Comprehensive Economic Partnership between ASEAN and Japan – AJCEP (2008);
(vi) Vietnam-US Trade Relations Agreement – BTA (2000);
(vii) Vietnam – Japan Agreement on Investment Freedom, Promotion and Protection (BIT Vietnam – Japan) (2003); (viii) Agreement on economic partnership between Vietnam and Japan – VJEPA (2008).
3. In the event of a change in investment conditions related to the proportion of foreign investors’ ownership in the charter capital of a business organization; investment form; scope of investment activities; if a Vietnamese partner participates in investment activities and other conditions as prescribed in international treaties on investment, laws, ordinances and decrees, the investment conditions for foreign investors are posted on National foreign investment portal will be updated, amended and supplemented accordingly.
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