In general, foreign direct investment is encouraged in Vietnam because the economy growth is depending on the attraction of foreign direct investment. As member of WTO, Vietnam has opened up the economy and welcome investment in most of areas. There are non conditional investment areas and there are conditional investment areas. The conditions for investment varies from minimum capital, professional licenses of human resources, conditions of facilities, ownership ratio of local Vietnamese entities or person…When setting up a company in Vietnam, foreign investors need to be aware of investment sectors with conditions applied to foreign investors in Vietnam.
The following sectors are conditional investment sectors regulated under the Law on Investment 2014:
1 | Seal production |
2 | Combat gear trading (including repair) |
3 | Firecracker trading |
4 | Pawnshop services |
5 | Massage services |
6 | Trading of warning devices of emergency vehicles |
7 | Security services |
8 | Paint gun services |
9 | Lawyer’s practice |
10 | Notary’s practice |
11 | Judicial assessment in the fields of finance, banking, construction, antiques, relics, copyrights. |
12 | Auctioneering services |
13 | Arbitration services |
14 | Bailiff’s practice |
15 | Asset liquidator’s practice |
16 | Accounting services |
17 | Audit services |
18 | Tax agent services |
19 | Customs brokerage services |
20 | Duty-free goods trading |
21 | Bonded warehouse services |
22 | Domestic LCL consolidation services |
23 | Gathering services and customs inspection services inside and outside border checkpoint areas |
24 | Securities trading |
25 | Securities registration, depository, offsetting, and liquidation services by Vietnam Securities Depository/organizations trading in listed securities and other securities. |
26 | Insurance |
27 | Reinsurance |
28 | Insurance brokerage |
29 | Insurance agency |
30 | Insurance agency training services |
31 | Price verification services |
32 | Consulting services serving company values for equitization |
33 | Lottery business |
34 | Electronic games of chance for foreigners |
35 | Debt collection services |
36 | Debt trading services |
37 | Credit rating services |
38 | Casino business |
39 | Betting business |
40 | Voluntary pension fund management services |
41 | Oil and gas trading |
42 | Gas trading |
43 | Commercial assessment services |
44 | Industrial explosive trading (including destruction thereof) |
45 | Explosive precursor trading |
46 | Business operations using industrial explosives and explosive precursor |
47 | Blasting services |
48 | Trading in chemicals except banned chemicals according to Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction |
49 | Inorganic fertilizer trading |
50 | Alcohol trading |
51 | Trading in tobacco products, tobacco materials, machinery and equipment serving tobacco industry |
52 | Commodity exchange operation |
53 | Electricity generation, transmission, distribution, wholesaling, retailing, import, and consultancy |
54 | Trading in foods under the management of the Ministry of Industry and Trade |
55 | Rice export |
56 | Temporary import for re-export of goods subject to special excise tax |
57 | Temporary import for re-export of frozen food |
58 | Temporary import for re-export of goods on the List of used goods |
59 | Franchising |
60 | Coal trading |
61 | Logistics services |
62 | Mineral trading |
63 | Industrial precursor trading |
64 | Goods trading and activities directly related goods trading of foreign investors |
65 | Electronic commerce activities |
66 | Petroleum activities |
67 | Assessment of conformity of pneumatic tools, industrial lifting devices, chemicals, industrial explosives, equipment serving mineral and petroleum extraction; except for equipment and instruments serving extraction at sea |
68 | Vocational training |
69 | Association with foreign vocational training institutions and foreign-invested vocational training institutions in vocational training at intermediate and college levels |
70 | Fire safety and firefighting services |
71 | Occupational skill assessment services |
72 | Quality assessment of joint vocational programs with foreign vocational training institutions and foreign-invested vocational training institutions in Vietnam. |
73 | Occupational safety assessment services with regard to machinery and supplies with strict occupational safety requirements |
74 | Occupational safety and occupational hygiene training services |
75 | Employment agency services |
76 | Overseas employment services |
77 | Voluntary drug rehabilitation services |
78 | Conformity declaration and certification services |
79 | Outsourcing services |
80 | Road transport services |
81 | Car warranty and maintenance services |
82 | Motor vehicle inspection services |
83 | Driving school services |
84 | Traffic safety inspector training services |
85 | Driving test services |
86 | Traffic safety inspection services |
87 | Waterway transport services |
88 | Building, modifying, repairing inland watercraft |
89 | Provision of training for crew-members and operators of inland watercraft |
90 | Ship transport, shipping agency services |
91 | Multi-level marketing business |
92 | Ship towing services |
93 | Importing, dismantling used sea-going ship |
94 | Sea-going ship building, modification, repair services |
95 | Sea port operation |
96 | Air transport business |
97 | Design, production, maintenance, testing of aircraft, aircraft engines, propellers, and equipment thereof in Vietnam |
98 | Airport operation |
99 | Aviation services at airports |
100 | Air navigation services |
101 | Flight crew training services |
102 | Rail transport business |
103 | Rail infrastructure business |
104 | Rail transport business |
105 | Multimodal transport business |
106 | Transport of dangerous goods using road or waterway vehicles |
107 | Pipeline transport services |
108 | Maritime navigation services |
109 | Real estate trading |
110 | Provision of training in real estate brokerage, real estate valuation, and operation of real estate exchanges |
111 | Provision of training in apartment building management and operation |
112 | Provision of training in construction project management |
113 | Project management consultancy services |
114 | Construction survey services |
115 | Construction design assessment services |
116 | Construction supervision services |
117 | Construction services |
118 | Investment project planning and assessment services |
119 | Foreign investors’ construction |
120 | Project management consultancy services |
121 | Construction work conformity assessment and certification services |
122 | Lighting and greenery system operation services |
123 | Shared infrastructure operation services |
124 | Construction planning development services |
125 | Urban planning development services provided by foreign entities |
126 | Trading in white asbestos of Serpentine group |
127 | Postal services |
128 | Telecommunications services |
129 | Import of radio transmitters and transceivers |
130 | Digital signature authentication services |
131 | Establishment and operation of publishers |
132 | Printing services |
133 | Publication release services |
134 | Social network services |
135 | Online games business |
136 | Pay radio/television services |
137 | News website development services |
138 | Processing, recycling, repair, refurbishment of used IT products on the list of used IT products banned from import for foreign partners |
139 | Pay-per-view television services |
140 | Provision of information and IT services on mobile network or the Internet |
141 | Trading in mobile phone jammers |
142 | Provision of information security products and services |
143 | Operation of higher education institutions |
144 | Operation of foreign-capitalized educational institutions, representative offices of foreign educational institutions in Vietnam, branches of foreign-capitalized educational institutions |
145 | Operation of continuing education institution |
146 | Operation of students’ education centers |
147 | Operation of compulsory education institutions |
148 | Vocational training |
149 | Operation of specialized schools |
150 | Operation of preschool education institutions |
151 | Educational cooperation with foreign partners |
152 | Extra classes |
153 | Fishing |
154 | Trading in fishing instruments |
155 | Fish trading |
156 | Trading in aquatic feed |
157 | Trading in biological preparations, microorganisms, chemicals, environmental remediation agents serving aquaculture |
158 | Aquatic breed testing services |
159 | Aquatic feed testing services |
160 | Breeding, raising, propagating wild animals and plans according to CITES Appendix |
161 | Breeding, raising, propagating endangered or rare wild animals and palns according to CITES Appendix |
162 | Breeding, raising normal wild animals |
163 | Export, import, re-export, transit wild specimens according to CITES Appendix |
164 | Export, import, re-export bred, raised, propagated specimens according to CITES Appendix |
165 | Pesticide trading |
166 | Processing items required to undergo plant quarantine |
167 | Pesticide testing services |
168 | Plant protection services |
169 | Trading in veterinary medicines, biological preparations, vaccines, microorganisms, chemicals serving veterinary medicine |
170 | Veterinary services |
171 | Animal surgery, animal testing services |
172 | Vaccination, diagnosis, prescription, treatment, and healthcare services for animals |
173 | Trading in veterinary medicines, biological preparations, vaccines, microorganisms, chemicals serving veterinary medicine |
174 | Concentrated breeding, breed production services; slaughtering; quarantine of animals and products thereof; production of animal-derived materials for animal feed production; preparing, processing, preserving animals and products thereof; trading in animal products; preparing, processing, packaging, preserving animal products |
175 | Trading in foods under the management of the Ministry of Agriculture and Rural Development |
176 | Trading, testing organic fertilizers |
177 | Trading in plant varieties, animal breeds |
178 | Manufacture of animal feeds |
179 | Import of animal feeds |
180 | Exporting, importing rare, endangered terrestrial wild animals and plants according to CITES Appendix |
181 | Trading in forest plants, animals restricted from trading |
182 | Trading in ornamental plants, shade trees, ancient trees from Vietnam’s natural forests |
183 | Trading in firewood from timber or from Vietnam’s natural forests |
184 | Trading in sperms, embryos, eggs, and lavas |
185 | Trading in biological preparations, microorganisms, chemicals, environmental remediation agents serving aquaculture |
186 | Testing biological preparations, microorganisms, chemicals, environmental remediation agents serving aquaculture |
187 | Trading in genetically modified food |
188 | Provision of training in bidding |
189 | Bidding agency services |
190 | Project assessment consultancy services |
191 | Provision of training in project assessment |
192 | Medical examination and treatment services |
193 | HIV testing services |
194 | Tissue bank services |
195 | Childbirth assistance, sperm preservation, embryo preservation services |
196 | Medicine trading |
197 | Medicine testing services |
198 | Cosmetics production |
199 | Infectious microorganism testing services |
200 | Vaccination services |
201 | Trading in medical and household anti-insect and antibacterial chemicals |
202 | Opioid replacement therapy services |
203 | Trading in foods under the management of the Ministry of Health |
204 | Plastic surgery services |
205 | Surrogacy services |
206 | Bioavailability and bioequivalence assessment services |
207 | Clinical trial of medicines |
208 | Trading in medical equipment |
209 | Medical equipment classification |
210 | Medical equipment testing services |
211 | Industrial property verification services |
212 | Radiological work services |
213 | Atomic energy application ancillary services |
214 | Export, import, and transport of radioactive materials |
215 | Technological conformity assessment services |
216 | Inspection, calibration, testing of measuring instruments and measurement standards |
217 | Motorcycle helmet trading |
218 | Technology assessment, valuation, and examination services |
219 | Intellectual property representation services |
220 | Film production |
221 | Antique examination services |
222 | Monument protection or renovation project planning, execution, supervision services |
223 | Karaoke, dance club business |
224 | Travel services |
225 | Sports business |
226 | Art performance, fashion show, beauty contest, model contest services |
227 | Trading in audio and video recordings of art performances |
228 | Festival organization services |
229 | Trading in art or photography works |
230 | Accommodation services |
231 | Advertising services |
232 | Trading in relics, antiques, national treasures |
233 | Museum services |
234 | Electronic games business (except for electronic casino games for foreigners and online electronic casino games) |
235 | Export of relics, antiques other than those under the ownership of the state, political organizations, socio-political organizations; import of cultural commodities under the management of the Ministry of Culture, Sports and Tourism |
236 | Verification of copyright and relevant rights |
237 | Land survey and assessment services |
238 | Land planning services |
239 | IT infrastructure and software infrastructure development services |
240 | Land database development services |
241 | Land pricing services |
242 | Land use right auction services |
243 | Geodesy and cartography services |
244 | Underground water drilling services |
245 | Underground water survey services |
246 | Water supply, processing, and extraction services |
247 | Underground water drilling services |
248 | Mineral exploration services |
249 | Mineral extraction |
250 | Harmful waste management services |
251 | Scrap material import |
252 | Environmental monitoring services |
253 | Strategic environment assessment, environmental impact assessment, environmental protection scheme consultancy services |
254 | Trading in biological preparations |
255 | Collection, transport, processing of refuse |
256 | Business operation of commercial banks |
257 | Business operation of non-bank credit institutions |
258 | Business operation of cooperatives, people’s credit funds, microfinance institutions |
259 | Provision of payment services |
260 | Credit information service provision |
261 | Foreign exchange activities |
262 | Trading in gold bullion |
263 | Manufacture of gold bullion, export raw gold and import raw gold for manufacture of gold bullion |
264 | Manufacture of gold jewelry |
265 | Import of commodities under the management of the State bank (money vault door) |
266 | Money printing, molding |
267 | Trading in military clothing and equipment of the armed forces, military weapons, technologies, devices, vehicles for the military and police; parts, components, supplies, specialized equipment, and technologies for manufacture thereof |
The investment conditions applicable to foreign investors with investment projects in the fields of investment provided with this list shall be in accordance with the provisions of the international treaties to which Vietnam is a member.
At ANT Lawyers, a law firms in Vietnam with offices in law office Hanoi, Da Nang and Ho Chi Minh City, our lawyers are available to assist clients in licensing and post-licensing matters to help clients with all questions and services in setting up company, and managing the compliance of the company or other form of business entities in Vietnam during the operation in Vietnam.
How ANT Lawyers Could Help Your Business?
Please click here to learn more about ANT Lawyers Corporate Practice or contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529