Areas prohibited from foreign investment in Vietnam

01-Oct-2015 Intellasia | PLF - LAW FIRM | 6:00 AM Print This Post

The conditional 267 sectors whose details are specifically listed in the 2014 Investment Law, which took effect in July 1 205. However, concerning the sectors prohibited from business, the regulations applied to these sectors are located throughout different documents, making it difficult for investors to verify certain information.

Therefore, we have put together the following table containing prohibited sectors to which foreign investors are subject to (please note: the sectors listed below might or might not be prohibited from domestic investors; these statistics do not include the bilateral, multilateral agreements to which Vietnam is a party and are for reference only):

No. Sectors Legal preference

1 Seal manufacturing business Article 4 of Decree No. 72/2009/ND-CP

2 Support tools business (including repairing) Article 4 of Decree No. 72/2009/ND-CP

3 Practicing judicial assessment in the fields of finance, banking, construction, antiques, relics and copyrights Article 7 of the 2012 Law on Judicial Assessment

4 Practicing property auction Article 3 of Decree No. 17/2010/ND-CP

5 Practicing as a bailiff Article 10 of Decree No. 61/2009/ND-CP, amended and supplemented by Decree No. 135/2013/ND-CP

6 Practicing as a notary Article 8 of the 2014 Notary Law

7 Lottery business Article 23 of Decree No. 30/2007/ND-CP, amended and supplemented by Decree No. 78/2012/ND-CP

8 Producing and trading explosive materials Article 25 of the 2011 Order of managing and using weapons, explosives and support tools (amended and supplemented by Order No. 07/2013/UBTVQH13)

9 Business related to using industrial explosives and explosive precursors Article 19 of Decree No. 39/2009/ND-CP, amended and supplemented by Decree No. 54/2011/ND

10 Mine service business Article 26 of Decree No. 39/2009/ND-CP

11 Transmitting and dispatching the national electricity system, building and operating major power plants, which have socio economic, national defense and security significance. Article 4 of the Electricity Law No. 28/2004/QH11 (amended and supplemented in 2012)

12 Service of sending labourers to work overseas Article 4 of Decree No. 126/2007/ND-CP

13 Providing air traffic service Article 97 of the 2006 Law of Civil Aviation Of Vietnam

14 Pipeline transport business Article 6 of Decree No. 140/2007/ND-CP

15 Maritime security service business Article 5 of Decree No. 130/2013/ND-CP

16 Publishing, printing and distributing publications Article 8 and 13 of Decree No. 195/2013/ND-CP

17 Producing gold pieces, exporting and importing gold material Article 4 of Decree No. 24/2012/ND-CP

18 Currency printing and minting Article 5 of Decree No. 130/2013/ND-CP

19 Petrol business Article 2 of Decree No. 83/2014/ND-CP

20 Engaging in prostitution business, organising prostitution, trafficking women and children Appendix I of Decree No. 59/2006/ND-CP Article 3 of Decree No. 03/2000/ND-CP

21 Brokerage in taking in father, mother, children, raising adopted children involving foreign elements for the purpose of earning profits Article 29 and 30 of Decree No. 24/2013/ND-CP

22 Trading and manufacturing military weapons, equipment, technique, ammunition and vehicles used exclusively by the military and police; ammunition (including badges, insignias, military badges of the army and the police), military equipment for armed forces; components, parts, accessories, materials, special equipment and specialised technology to create them Article 4 of Decree No. 25/2012/ND-CP

23 Dangerous toys, toys harmful to the character education and health of children or the security, order and safety of society Appendix I of Decree No. 59/2006/ND-CP

24 The trading of goods banned from import applied to foreign investors is prohibited according to Appendix I of Decree No. 187/2013/ND-CP. Appendix I of Decree No. 187/2013/ND-CP

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