According to Article 15 of Decree No. 31/2021/ND-CP of the Government of Vietnam, industries with limited access for foreign investors are stipulated in laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee, decrees of the Government and international treaties on investment.
In particular, there are 25 industries and trades foreign investors are restricted to access the Vietnamese market, and 59 industries and professions with conditional market access.
In addition, market access conditions for foreign investors are applied in the forms specified in Clause 3, Article 9 of the Law on Investment, and posted and updated in accordance with Article 18 of Decree No. 31/2021/ND-CP.
According to experts, the Decree contributes to perfecting the management mechanism, helping to improve the effectiveness and efficiency of state management of investment, and strictly managing foreign investment projects in Vietnam.
The following are 25 industries and trades that foreign investors are not allowed to invest in Vietnam:
- Trading in goods and services on the list of goods and services subject to state monopoly in the field of commerce.
- Press activities and news gathering activities in all forms.
- Investigative and security services.
- Judicial administrative services, including judicial expertise services, bailiff services, property auction services, notary services, and services of asset administrators.
- Service of sending workers to work abroad under contract.
- Investment in building infrastructure for cemeteries and graveyards to transfer land use rights associated with infrastructure.
- Garbage collection service directly from households.
- Public opinion polling service .
- Blasting service.
- Producing and trading in weapons, explosives and supporting tools.
- Import and dismantle used ships.
- Public postal service.
- Trading in border-gate transfer of goods.
- Trading in temporary import for re-export.
- Exercising the right to export, import, and distribute goods on the list of goods that foreign investors and foreign-invested economic organizations are not allowed to exercise the right to export, import and distribute.
- Collection, purchase and disposal of public property at units of the armed forces.
- Manufacture of military materials or equipment; trading in military equipment, weapons, techniques, specialized military and police vehicles, components, parts, spare parts, supplies and special equipment for the armed forces, as well as specialized technology to manufacture them;
- Industrial property representation service and intellectual property assessment service.
- Services of setting up, operating, and maintaining navigational signals, water zones, waters, public navigational channels and navigational routes; surveying services of water areas, public navigational channels and navigational routes serving the publication of maritime notices; Surveying services, building and publishing charts of water areas, seaports, navigational channels and maritime routes; developing and publishing maritime safety documents and publications.
- Regulatory services to ensure maritime safety in water zones and public navigational channels; maritime electronic information service.
- Inspection services (inspection, testing) and issuance of certificates for means of transport (including systems, components, equipment and components of vehicles); inspection services and grant of certificates of technical safety and environmental protection for vehicles, specialized equipment, containers, dangerous goods packing equipment used in transportation; inspection services and grant of certificates of technical safety and environmental protection for means and equipment for oil and gas exploration, exploitation and transportation at sea; service of technical inspection of occupational safety for machines and equipment with strict requirements on occupational safety installed on means of transport and vehicles, exploration and mining equipment and transporting oil and gas at sea; fishing vessel registration service.
- Services of investigation, assessment and exploitation of natural forests (including logging and hunting, trapping of rare and precious wild animals, management of genetic funds of plants, animals and microorganisms used in agriculture).
- Research or use of genetic resources of new livestock breeds before they are appraised and evaluated by the Ministry of Agriculture and Rural Development.
- Travel services, except international travel services serving international tourists to Vietnam.
Henry Tran – VienamCredit