Posts

News & Experience

News and Experience

Faqs - HT Law & Partners
A place to share articles on topics related to business law career etc...

How are the new regulations beneficial to foreign investors in Vietnam?

1,169 views


NEW REGULATIONS ON REMOVAL OF PROCEDURES IN INVESTMENT LAW

NEW REGULATIONS ON REMOVING PROCEDURES IN INVESTMENT LAW
WELCOME CUSTOMERS

For foreign investors investing in fields and industries that have not been committed to in international treaties on investment, what regulations must be applied to carry out investment activities? Can uncommitted industries be invested in? And according to regulations, it is necessary to consult the Ministry of Planning and Investment or the Ministry of specialized management for uncommitted professions? Next, let us explore the above issues.

Since March 26, 2021, Decree 31/2021 took effect. The State of Vietnam in general and the Government of Vietnam in particular have promptly removed obstacles in administrative procedures to create favorable conditions for favorable for investors with the best investment environment and consistent with global economic trends, stimulating the growing development of Vietnam's market economy. Currently, Decree 31/2021 has regulations in the article on Principles of applying market access restrictions for foreign investors as follows:

Pursuant to Article 17 of Decree 31/2021/ND-CP guiding the implementation of a number of articles of the Investment Law 2020:

  • Except for industries and occupations on the List of industries and occupations with limited market access for foreign investors specified in Appendix I of Decree 31/2021/ND-CP, foreign investors are allowed to market access as prescribed for domestic investors.
  • Foreign investors are not allowed to invest in industries and trades that do not have market access as prescribed in Section A, Appendix I of Decree 31/2021/ND-CP.
  • For industries and occupations with conditional market access for foreign investors as prescribed in Section B, Appendix I of this Decree, foreign investors must meet the access conditions The market is posted according to the provisions of Article 18 of Decree 31/2021/ND-CP.
  • Market access conditions for Vietnamese industries and trades that have not yet committed to market access for foreign investors are applied as follows:
    • In cases where laws and resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee, and decrees of the Government (hereinafter referred to as Vietnamese law) do not contain regulations restricting access To access the market for that industry or profession, foreign investors will have market access as prescribed for domestic investors;
    • In cases where Vietnamese law has regulations on restricting foreign investors' market access to that industry or profession, the provisions of Vietnamese law shall apply.

Based on the above regulations compared to the Investment Law 2014 and Decree 118/2014/ND-CP guiding the implementation of the Investment Law 2014, the process of consulting the Ministry of Planning and Investment and the Ministry of Planning and Investment and the Ministry of Planning and Investment has been omitted. specialized management. Based on current regulations, foreign investors when investing in sectors committed to in international investment treaties that are more favorable than Vietnamese law must comply with the prescribed conditions. of that treaty, in case an industry has not yet committed but Vietnamese law has regulations on meeting the conditions for that industry, Vietnamese law shall comply, but in cases where Vietnamese law does not regulate the industry If a profession must meet the conditions of market access restrictions, foreign investors shall comply with the same as domestic investors.

Share
2024-02-29 09:00:00

Rate the article, please!

Select review
COMMENTS - QUESTIONS AND ANSWERS

Leave your questions, we will answer IN 15 MINUTES

Phone number and email will be hidden to protect your information

Tin nhắn được gửi thành công!

Có lỗi xảy ra, vui lòng thử lại sau!