List of State monopoly goods and services in Vietnam

Decree 94/2017 of the Government provides a list of goods and services, which are subject to State monopoly. In other words, enterprises from private sectors including foreign-invested enterprises are not allowed to provide these goods and services in Vietnam unless they are appointed by the State authority to do so.

Under Decree 94/2017, the State will contemplate a goods or service to be State monopoly services only when there are no other investors who are interested in and capable to provide such goods and services. The list of State monopoly goods and services includes, among other things:

Investment Registration Certificates for Establishing a Branch of a Foreign Entity in Vietnam

Technically, except for branches in the banking, insurance, securities and oil and gas sectors, the Investment Law 2014 will apply to the establishment of a branch in Vietnam by a foreign entity. This is because:

  • under the Commercial Law 2005, a foreign business entity’s branch, a part of a foreign business entity in Vietnam, is established in Vietnam and conducts commercial activities in accordance with Vietnamese laws;
  • a Vietnamese branch of a foreign business is a form of economic entity as defined in Investment Law 2014; and
  • the investment procedures under Investment Law 2014 will apply to the establishment of economic entities in all sectors, excluding securities, credit institution, insurance business, and petroleum laws.

Decree 46/2017 - New conditions for establishing a school in Vietnam

From 21 April 2017, Decree 46/2017 introduces a new set of conditions for establishment of domestic schools from kindergarten to university levels. The new conditions replaces various legislation of the same topics. However, these conditions do not apply to  foreign-invested schools (FIE schools). In additions, schools established before 21 April 2017 need not to comply with the new and, in many cases, stricter conditions. The table below summarises the key conditions for setting a domestic school under the old regulations, setting up an FIE school under Decree 73/2012, and setting up a domestic school under Decree 46/2017.

This post is contributed by Nguyen Linh Chi, an intern at Venture North Law.

Confidentiality in arbitration proceedings in Vietnam

There is no mandatory confidentiality obligations applicable to parties to an arbitration proceeding in Vietnam. Under the Law on Commercial Arbitration 2010, dispute resolution by arbitration will be conducted in private unless otherwise agreed by the parties. But hearing in private does not mean that information exchanged by the parties during the hearing must be kept confidential. Law on Commercial Arbitration 2010 only expressly imposes confidentiality obligation on the arbitrators but not on other parties attending the hearing (e.g. experts, witness or even lawyers). Arbitration Rule 2017 of Vietnam International Arbitration Center (VIAC) has no particular confidentiality provision beyond making the arbitral hearing private.