Vietnam Business Law

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MPI’s views on foreign investment in certain service sectors

From time to time, the Ministry of Planning and Investment (MPI) comments on applications by foreign investors who want to invest in service sectors in Vietnam. It is interesting to know the MPI’s views on these applications as the MPI can take the same view when it comes to the same application in the future. Below is a summary of the MPI’s views from various official correspondences issued by the MPI in November and December 2012:

  • Services for construction of high-rise buildings (CPC 512) and for construction of civil construction works (CPC 513)” are permitted under the WTO Commitment;
  • A foreign invested company may only register for “maintenance and repair services” as an after-sale service for the goods that the company sells to its customers. This is because the WTO Commitments only cover maintenance and repair services for personal and household goods (CPC 663);
  •  “Freight transport agency service (including freight transportation brokerage services mainly making arrangements for transport or making schedules for transport on behalf of carrier or recipients), brokerage services for loading goods on to aircrafts, goods collection services, bulk goods transportation services; other supporting services for freight transportations; warehousing services; and road transportation services” are permitted in case the foreign investor only owns 51% of the charter capital of the project company;
  • Management consulting services and market research services” are permitted; and
  • Foreign investment in “human resources consulting services” is not permitted but foreign investment in “human resources management consulting services” is permitted.