Investment Conditions

1. List of sectors in which investment is prohibited (In detail)

LIST OF SECTORS IN WHICH INVESTMENT IS PROHIBITED

(Appendix D of Decree 108/2006/ND-C issued by the Government dated 22nd Sep 2006)

I. Projects detrimental to national defence and security and the public interests

1. Production and processing of drugs

2. Investment in and commercial operation of secrect investigation services violating the State interests, lawful rights and interest of organizations and individuals

3. Investment in the field of private detective (service) and investigation.

II. Projects detrimental to historical relics, culture, ethics and national fine customs

4. Projects built within the premises of national historical or cultural relics; projects affecting adversely the architecture and landscape of national historical or cultural relics.

5. Production of depraved or superstitious products.

6. Production of dangerous toys or toys harmful to children’s health and personality or to social security, order and safety.

7. Prostitution business; trading of women and children.

8. Experiments of human cloning

III. Projects which are harmful to the people’s health, or which destroy natural resources and the environment

9. Production of chemicals in table 1 (in accordance with the International Convention)

10. Production of veterinary medicine, plant protective agents which are prohibited or not allowed to be used in Vietnam.

11. Production of medicines for treating humans, types of vaccines, medical biologic products, cosmetic, chemical products and preparations used for killing insects or bacteria which are not allowed to be usued in Vietnam.

IV. Projects on treatment of toxic waste brought into Vietnam; projects on manufacture of any type of toxic chemicals or use of chemical agents prohibited by provisions of international treaties

12. Projects for the treatment of toxic waste brought into Vietnam; projects for the manufacture of any type of toxic chemical or for the use of chemical agents prohibited by international treaties of which Vietnam is a member.

2.List of  investment sectors subject to conditions (applicable to foreign investors) (in details)

LIST OF INVESTMENT SECTORS SUBJECT TO CONDITIONS (APPLIED TO FOREIGN INVESTOR)

 (Appendix C of Decree 108/2006/ND-CP issued by the Government dated 22 September, 2006)

1. Radio and television broadcasting.

2. Production, publishing and distribution of cultural products.

 3. Mining and processing of minerals.

 4. Establishment of infrastructure for telecommunications network, wave transmission and broadcasting and provision of internet and telecommunications services.

 5. Establishment of public postal networks and provision of postal services and delivery services.

 6. Construction and operation of river ports, sea ports, air terminals and airports.

 7. Transportation of goods and passengers by railway, air11, road, sea and inland waterways.

 8. Catching of sea products.

 9. Production of tobacco.

 10. Real estate business.

 11. Investment in the field of import, export and distribution.

 12. Education and training.

 13. Hospitals and clinics.

 14. Other investment sectors in international treaties of which Vietnam is a member and which restrict the opening of the market to foreign investors.

 Investment conditions applicable to foreign investors with investment projects in the sectors stipulated in this Appendix must conform with the provisions in international treaties of which Vietnam is a member.

3.  Lines of business requiring legal capital  (in details)

LIST OF INVESTMENT SECTORS REQUIRING LEGAL CAPITAL

1.     Credit institutions (banks and non-banking credit institutions, including financial companies and financial leasing companies).

2.     International travel business

3.     Job service business

4.     Film production

5.     Real estate business

6.     Securities, fund management companies

7.     Air services business, air transport service business

 

4.  List of businesses requiring professional certificates prior to business registration (in details)

LIST OF BUSINESSES REQUIRING PRACTICE CERTIFICATE PRIOR TO BUSINESS REGISTRATION 

1.     Legal services business

2.     Medical services and medicine business

3.     Veterinary services and veterinary medicine business

4.     Construction planning and design, construction survey, general construction work design, general construction work monitoring

5.     Auditing services

6.     Producing, processing, packaging, and trading botanical protecting drug

7.     Steam bath and pasteurization services

8.     Design services of transportation means

9.     Trade on national relics, antiques and precious objects

10.    Accounting services

11.   Real estate broking services

- Real estate assessment services

- Real estate exchange service

Enterprises specializing in lines of business requiring practice certificate as above have to submit a lawful copy of the practice certificate of the owner of private enterprises, members of partnerships, members of the Members’ Council, President of the enterprises, members of the Board of Management, Director (General Director), and other important managerial titles stipulated in the enterprise’s Charter

5. List of projects for which an environmental impact assessment report must be prepared (in details

 List of Projects for which an environment impact assessment Report must be prepared

 (Issued with Decree 21-2008-ND-CP of the Government dated 28 February 2008) 

No.

PROJECT

SCALE

 

1

National important projects and works for which the National Assembly makes the investment decision in principle pursuant to Resolution 66-2006-NQ11 of the National Assembly dated 29 June 2006.

 

All

 

2

Projects using part or all of the land of a natural conservation zone, national park, historical and cultural site, world heritage site, ecosphere reserve zone or scenic site which is classified, or which is not yet classified but is the object of a protection decision made by a people's committee of a province or city under central authority.

 

 

 

 

 

 

All

 

3

Projects with a potentially direct adverse impact on a river watercourse, coastal area or area containing a protected ecosystem.

 

 

All

 

Group of construction projects

 

4

Projects for the construction of infrastructure of an urban zone [and/or] residential zone.

Area of 50 or more hectares.

 

5

Projects for the construction of infrastructure of an industrial zone, high-tech zone, industrial group, export processing zone or handicraft village group.

 

 

All

 

6

Projects for the construction of a supermarket [and/or] market.

With 200 or more trading stalls.

 

7

Projects for the construction of a sports centre.

Area of 10 or more hectares.

 

8

Projects for the construction of a hospital.

With 50 or more patient beds.

 

9

Projects for the construction of a hotel [and/or] boarding house

With 100 or more guest rooms.

 

10

Projects for the construction of a tourism [and/or] entertainment zone.

Area of 10 or more hectares.

 

11

Projects for the construction of a tourism services establishment (comprising infrastructure and material facilities) in a coastal area or on an island.

With 1,000 cubic meters or more of waste water per 24 hours.

 

12

Projects for the construction of a golf course.

With 18 or more holes.

 

13

Projects for the construction of a cemetery (in the form of burial plots, crematorium or other forms).

 

All

 

14

Projects for the construction of underground works.

All

 

15

Projects for the construction of works with underground levels.

With an underground depth of 10 meters or more.

 

16

Projects for the construction of a military and military training works and/or defence port.

 

All

 

17

Projects for the construction of a military store.

All

 

18

Projects for the construction of a defence economic zone.

All

 

19

Projects for the construction of a prison or detention centre.

All

 

Group of projects for manufacture of building materials

 

20

Projects for manufacturing cement.

Design output capacity of from 300,000 tons of cement or more per year.

 

21

Projects for crushing clinker for the manufacture of cement.

Design output capacity of from 1 million tons or more of cement per year.

 

 

22

Projects for manufacturing bricks [and/or] tiles.

Design output capacity of from 10 million or more standard bricks or tiles per year.

 

23

Projects for manufacturing other building materials.

Design output capacity of from 10,000 tons or more of product per year.

 

Group of traffic projects

 

24

Projects for construction of underground traffic works (tramways or roads).

Length 500m or more.

 

25

Projects for the construction of a freeway, or of a Level I, II or III highway.

 

All

 

26

Projects for the upgrade or improvement of a freeway, or of a Level I, II or III highway.

 

Length 50 km or more.

 

27

Projects for the construction of a Level IV highway.

Length 100 km or more.

 

28

Projects for the construction of railways.

Length 50 km or more

 

29

Projects for the construction of overhead rail lines.

All

 

30

Projects for the construction of cable car rails

Length 500m or more.

 

31

Projects for the construction of a permanent bridge above a road [and/or] railway.

Length 200m or more (excluding approaches).

 

32

Projects for the construction of road works.

Requiring resettlement of 1,000 or more people.

 

33

Projects for the construction of a river port or seaport.

For ships of a tonnage of 1,000 DWT or more.

 

34

Projects for the construction of a fishing port.

With 100 or more fishing vessels per day.

 

35

Projects for the construction of an airport.

All

 

36

Projects for the construction of a passenger vehicle depot.

Covering an area of 0.5 or more hectares.

 

37

Projects for manufacturing asphalt or bituminous concrete.

Design output capacity of from 30,000 tons or more of product per year.

 

Group of energy and radioactivity projects

 

38

Projects for the construction of a nuclear reactor.

All

 

39

Projects for the construction of a manufacturing, business or services establishment using or emitting radioactive substances.

 

 

All

 

40

Nuclear power plant project or a thermo-nuclear power plant project

All

 

41

Thermo-electric plant projects.

Output capacity of 30 MW or more.

 

42

Wind power projects (producing power by wind energy).

Covering an area of 100 or more hectares.

 

43

Photoelectric projects (solar energy).

Covering an area of 100 or more hectares.

 

44

Hydro-electric projects.

Reservoir capacity of 300,000 cubic meters or more of water.

 

45

Projects for construction of high-pressure power lines.

Length of 100k or more.

 

46

Projects for the manufacture of electricity wiring or cabling.

Output capacity of from 2,000 tons or more of aluminium per year.

 

Group of electronics and telecommunications projects

 

47

Projects for construction of a television transmission or transmission and reception station.

Design output capacity of from 2 KW or more.

 

48

Projects for manufacturing electrical [and/or] electronic equipment.

Design output capacity of from 10,000 items of equipment per year.

 

49

Projects for manufacturing electrical [and/or] electronic components.

Design output capacity of from 500 tons or more of product per year.

 

50

Projects for the construction of a telecommunications route.

Length 100 km or more.

 

51

Projects for the manufacture of telecommunications cabling.

All

 

Group of projects for irrigation, and for exploitation and planting of forests

 

52

Projects for the construction of a reservoir lake or irrigation reservoir.

Reservoir capacity of 300,000 cubic meters or more of water.

 

53

Projects for irrigation works.

Covering an area of 200 or more hectares.

 

54

Projects for sea land recovery.

All

 

55

Projects for a sea wall or river dyke.

Length of 1,000m or more

 

56

Projects using land or converting the land use purpose of a protective forest in a catchment area, estuary or coastal area, or using land of a specialized use forest.

 

Area of 5 or more hectares.

 

57

Projects using land or converting the land use purpose of a natural forest

 

Area of 20 or more hectares.

 

58

Projects for planting and exploiting forest.

Planting area of 1,000 or more hectares; exploitation area of 200 or more hectares

 

59

Projects for the construction of a concentrated industrial plantation area for rubber, tapioca, sugarcane, coffee, cocoa, tea [or] pepper.

Area of 100 or more hectares.

 

60

Projects for the construction of a market garden (vegetables and flowers).

Area of 100 or more hectares.

 

Group of projects for mining minerals

 

61

Projects for mining minerals (on dry land) to use as building materials

Mining output capacity of 50,000 cubic meters or more of materials per year

62

Projects for mining minerals to use as leveling and filling materials.

Mining output capacity of 100,000 cubic meters or more of materials per year

63

Projects for mining, dredging and gathering building materials from a riverbed.

Design output capacity of 50,000 cubic meters or more of materials per year

64

Projects for mining solid minerals (not using chemicals).

With a mined volume (minerals plus gravely soil) of 100,000 cubic meters or more per year.

65

Projects for mining or processing solid minerals containing or using toxic chemicals

 

All

66

Projects for processing solid minerals. Design output capacity of from 50,000 tons or more of product per year

- Design capacity of from 50,000 tons or more of product per year

- A volume of 500,000 tons or more of discharged earth and rock per year, for coal sorting

67

Projects for exploitation of underground water.

Mining output capacity of from 10,000 cubic meters per 24 hours

68

Projects for exploitation of natural mineral water (underground or pumped onto the surface) for bottling

Mining output capacity of from 120 cubic meters per 24 hours

69

Projects for exploitation of natural mineral water or thermal water (underground or pumped onto the surface) for use in services such as bathing, medical treatment, or other uses

 

Mining output capacity of from 500 cubic meters per 24 hours

70

Projects for exploitation of surface water

Mining output capacity of from 50,000 cubic meters per 24 hours

Group of petroleum projects

 

71

Projects for mining petroleum and gas

All

72

Petrochemical refinery projects (except for projects for filling LPG or for preparing lubricants)

 

All

73

Projects for manufacture of petroleum products (surfactants, plasticisers and methanol products)

 

 

All

74

Projects for construction of petroleum and gas pipelines

All

75

Projects for petrol and oil storage

Capacity of 1,000 cubic meters or more

76

Projects for construction of petroleum and gas storehouse zones

All

Group of waste treatment projects

 

77

Projects for all types of solid waste recycling and treatment

All

78

Projects for the construction of disposal plants for industrial and toxic waste

 

All

79

Projects for the construction of disposal plants for domestic waste

For 500 or more family households, or at the district level

80

Projects for the construction of a concentrated industrial water waste treatment system outside an industrial zone, high-tech zone, export processing zone, industrial group or handicraft village group

 

 

 

All

 

81

Projects for the construction of a concentrated domestic water waste treatment system

Design output capacity of 1,000 cubic meters or more of waste water per 24 hours

82

Projects for collection and processing of scrap (including imported scrap)

Design output capacity of from 3,000 tons per year

83

Projects for the hygienic rinsing and cleaning of all types of ships

All

84

Projects for scrapping all types of old ships

All

Group of mechanical engineering and metallurgical projects

 

85

Projects for smelting ferrous metal [and/or] nonferrous metal

Design output capacity of 3,000 tons of product per year

86

Projects for rolling steel

Design output capacity of 5,000 tons of product per year

87

Projects for construction of new ships [and/or] for repairing ships

Ships of a tonnage of 1,000 DWT or more

88

Projects for building new, repairing and assembling locomotives, train carriages and automobiles

Design output capacity of 500 or more vehicles per year

89

Projects for manufacturing, assembling and repairing motorbikes

Design output capacity of 10,000 or more vehicles per year

90

Engineering projects for manufacturing machinery and equipment

Design output capacity of from 1,000 tons or more of product per year

91

Projects for plating, spraying and polishing metals

Design output capacity of from 1,000 tons or more of product per year

92

Projects for manufacturing shaped aluminum

Design output capacity of from 2,000 tons or more of product per year

93

Projects for manufacturing and repairing military weapons, ammunition and technical equipment

 

All

Group of projects for wood processing, and manufacture of glass and ceramics

 

94

Projects for processing timber

Design output capacity of 5,000 square meters or more per year

95

Projects for manufacturing plywood

Design output capacity of 100,000 square meters or more per year

96

Projects for manufacturing household furniture

Projects for manufacturing household furniture

97

Projects for producing fine art goods

Design output capacity of from 1 million or more products per year

98

Projects for manufacturing glass and ceramics

Design output capacity of 1 million or more products per year

99

Projects for manufacturing sanitary ware

Design output capacity of 100,000 or more products per year

100

Projects for manufacturing glazed tiles

Design output capacity of 1 million square meters or more per year

101

Projects for manufacturing light bulbs and thermos flasks

Design output capacity of 1 million or more products per year

Group of projects for processing foodstuffs and beverages

 

102

Projects for processing foodstuffs

Design output capacity of from 5,000 tons or more of product per year

103

Projects for slaughtering livestock [and/or] poultry [abattoir projects]

Design output capacity of from 1,000 head of livestock per day; design output capacity of from 10,000 head of poultry per day

104

Projects for processing seafood

Design output capacity of from 1,000 tons or more of product per year

105

Projects for manufacturing sugar

Design output capacity of from 20,000 tons or more of sugar per year

106

Projects for producing alcohol [and/or] wine

Design output capacity of from 100,000 liters of product per year

107

Projects for producing beer [and/or] soft drink

Design output capacity of from 500,000 liters of product per year

108

Projects for manufacturing MSG [monosodium glutamate]

Design output capacity of from 5,000 tons or more of product per year

109

Projects for processing milk

Design output capacity of from 10,000 tons or more of product per year

110

Projects for processing cooking oil

Design output capacity of from 10,000 tons or more of product per year.

111

Projects for producing cakes and confectionery

Design output capacity of from 5,000 tons or more of product per year

112

Projects for manufacturing ice

Design output capacity of from 3,000 or more blocks (50 kg per block), or 150,000 kilograms or more of ice per 24 hours

Group of agricultural processing projects

 

113

Projects for manufacturing tobacco

Design output capacity of from 30,000 packs per year

114

Projects for processing tobacco raw materials

Design output capacity of from 1,000 tons or more of product per year

115

Projects for processing agricultural produce being cereals

Design output capacity of from 10,000 tons or more of product per year

116

Projects for grinding, pounding and processing rice

Design output capacity of from 20,000 tons or more of product per year

117

Projects for processing refined manioc flour [cassava]

Design output capacity of from 1,000 tons or more of product per year

118

Projects for processing cashew nuts

Design output capacity of from 10,000 tons or more of product per year

119

Projects for processing tea

Design output capacity of from 10,000 tons or more of product per year

120

Projects for processing coffee

Design output capacity of from 5,000 tons or more of product per year for the wet processing method; of from 10,000 tons or more of product per year for the dry processing method; and of from 1,000 tons or more of product per year for processing coffee powder [and/or] soluble coffee

Group of projects for breeding and processing livestock, poultry and seafood

 

121

Projects for processing feed for poultry, livestock and aquaculture products

Design output capacity of from 5,000 tons or more of product per year

122

Projects for processing seafood product additives

Design output capacity of from 1,000 tons or more of product per year

123

Projects for processing fish powder

Design output capacity of from 1,000 tons or more of product per year

124

Projects for intensive or semi-intensive seafood [aquaculture] farming

Water surface area of 10 or more hectares

125

Projects for extensive seafood [aquaculture] farming

Water surface area of 50 or more hectares

126

Projects for seafood [aquaculture] farming on sand

All

127

Projects for concentrated livestock farming

With 1,000 or more head of livestock

128

 

Projects for concentrated poultry farming

With 20,000 or more head of poultry; for ostrich farming, 200 or more animals; for quail farming, 100,000 or more birds

Group of projects for manufacture of chemical fertilizer, and plant protection agents

 

129

Projects for manufacturing chemical fertilizer

Design output capacity of from 2,000 tons or more of product per year

130

Projects for chemicals' [and/or] plant protection agents' storage

Storage capacity of from 2 tons or more

131

Projects for manufacturing plant protection agents

All

132

Projects for bottling or packaging plant protection agents

Design output capacity of from 1,000 tons or more of product per year.

133

Projects for manufacturing organic fertilizer

Design output capacity of from 1,000 tons or more of product per year

Group of chemicals, pharmaceutical drugs and cosmetics projects

 

134

Projects for manufacturing pharmaceutical products

Design output capacity of from 50 tons or more of product per year

135

Projects for manufacturing vaccines

All

136

Projects for manufacturing veterinary medicines

Design output capacity of from 50 tons or more of product per year

137

Projects for manufacturing cosmetics chemicals

Design output capacity of from 50 tons or more of product per year

138

Projects for manufacturing plastics and plastic products

Design output capacity of from 500 tons or more of product per year

139

Projects for manufacturing plastic bags

Design output capacity of from 2 million products or more per year

140

Projects for manufacturing paint [and/or] basic chemicals

Design output capacity of from 500 tons or more of product per year

141

Projects for manufacturing washing detergents [or] additives

Design output capacity of from 1,000 tons or more of product per year

142

Projects for manufacturing propellant explosive, detonating explosive [and/or] fire equipment

 

All

143

Projects for manufacturing industrial explosives

All

144

Projects for salt mining

Covering an area of 100 or more hectares

Group of projects for manufacture of paper and stationery

 

145

Projects for manufacturing pulp and paper (from raw materials)

Design output capacity of from 1,000 tons or more of product per year

146

Projects for manufacturing paper from pulp and recycled paper

Design output capacity of from 5,000 tons or more of product per year

147

Projects for producing stationery

Design output capacity of from 1,000 tons or more of product per year

Group of fabrics and clothing projects

 

148

Textile and dyeing projects

All

149

Textile (without dyeing) projects

Output capacity of from 100 million meters or more of cloth per year

150

Projects for manufacturing and processing clothing products with a stage of washing by hand

Design output capacity of from 50,000 products or more per year

151

Projects for manufacturing and processing clothing products without a stage of washing by hand

Design output capacity of from 2 million products or more per year

152

Projects for industrial washing and ironing

Design output capacity of from 50,000 products or more per year

153

 Projects for producing silk thread and artificial thread

Design output capacity of from 1,000 tons or more of product per year

Group of other projects

 

154

Projects for processing rubber latex

Design output capacity of from 5,000 tons or more of product per year

155

Projects for processing rubber

Design output capacity of from 1,000 tons or more of product per year

156

Projects for manufacturing footwear

Design output capacity of from 1 million products or more per year

157

Projects for manufacturing all types of rubber tyres

Design output capacity of from 50,000 tons or more of product per year for automobile and tractor tires; and design output capacity of from 100,000 tons or more of product per year for bicycle and motorbike tires

158

Projects for manufacturing batteries

Design output capacity of from 50,000 KWh or more per year, or from 100 tons or more of product per year

159

Projects for tanning [leather]

All

160

Projects for manufacturing oxygen gas for filling LPG

Design output capacity of from 3,000 tons or more of product per year

161

Projects for manufacturing fire extinguishing equipment and products

All

162

Other upgrading, improvement and extension projects

Equivalent nature, scale and output to projects numbered 1 to 161 (excluding projects numbered 25 and 26


6.  List of projects subject to approval of the Prime Minister (in details)

LIST OF PROJECTS WHOSE INVESTMENT POLICY SHALL BE APPROVED BY THE PRIME MINISTER

(Section 1, 2, 3 of Article 37 of Decree 108/2006/ND-CP issued by the Central Government dated on 22 Sep., 2006)

 1. Investment projects in the following domains, irrespective of the source of capital and the scale of investment:

a/ Building and commercial operation of airports; transportation by air;

b/ Building and commercial operation of national seaports;

c/ Exploration for, exploitation and processing of oil and gas; exploration for and exploitation of minerals;

d/ Radio and television broadcasting;

e/ Casino business;

f/ Production of cigarettes;

g/ Establishment of university-level training establishments;

h/ Establishment of industrial parks, export processing zones, hi-tech parks and economic zones.

 2. Investment projects other than those defined in Clause 1 of this Article, irrespective of the source of capital, and having an investment capital of VND 1,500 billion or more in the following domains:

a/ Electricity business; mineral processing; metallurgy;

b/ Building of railway, road and inland waterway infrastructure;

c/ Production and business of alcohol and beer.

 3. Foreign investment projects in the following domains:

a/ Ocean shipping business;

b/ Establishment of networks for and provision of postal, delivery, telecommunications and Internet services; establishment of wave transmission networks;

c/ Press printing and distribution; publishing;

d/ Establishment of independent scientific research institutions.

 
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