Conditions for foreign investors to conduct investment and business activities with restricted access
On March 26, 2021, the Government issued Decree 31/2021/ND-CP (Decree 31) detailing and guiding the implementation of a number of articles of the Investment Law.
According to Article 15 of Decree 31/2021, in addition to market access conditions for the industries and trades with restricted access, foreign investors and foreign-invested economic organizations must satisfy the following conditions while conducting investment activities in Viet Nam:
(1) Use of land and labor force, natural resources, minerals,
(2) Production and supply of public goods or services, or the goods and services of state monopoly,
(3) Ownership and business in residential houses and real estate,
(4) Application of State support and subsidies to a number of sectors, fields or development of regions or territories,
(5) Participating in the programs and plans on equitizing state-owned enterprises,
(6) Other conditions as prescribed in the laws and resolutions of the National Assembly, ordinances and resolutions of the Standing Committee of the National Assembly, decrees of the Government and international treaties on investment in which it is prescribed that foreign-invested economic organizations are not allowed to, or restricted from accessing the market./.