Sectors, Professions, and Market Access Conditions for Foreign Investors

Recently, the National Assembly has passed the Investment Law 2020, which includes 7 Chapters and 77 Articles, replacing the Investment Law 2014 and will take effect from January 1, 2021.

Sectors, Trades, and Market Access Conditions for Foreign Investors, Investment Law 2020

Illustrative image of sectors, trades, and market access conditions for foreign investors.

According to Article 9 of the Investment Law 2020, foreign investors are subject to market access conditions applied to domestic investors, except as stipulated in Clause 2 of this Article. Specifically, based on laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a member, the Government of Vietnam shall publish the List of sectors and trades restricted from market access for foreign investors, including:

- Sectors and trades not yet open to market access;- Sectors and trades with conditional market access.

Additionally, according to Clause 3, Article 9 of the Investment Law 2020, market access conditions for foreign investors stipulated in the List of sectors and trades restricted from market access for foreign investors include:

- The percentage of charter capital ownership by foreign investors in economic organizations;- Forms of investment;- Scope of investment activities;- Capacity of investors and their partners engaging in investment activities;- Other conditions as regulated in laws, resolutions of the National Assembly, ordinances, resolutions of the Standing Committee of the National Assembly, decrees of the Government of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a member.

For detailed information, refer to the Investment Law 2020, effective from January 1, 2021.

Le Vy

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