Stricter control over foreign investment in domestic airlines
Issued in April 2013, Decree 30/2013 replaces Decree 76/2007 and provides stricter control over foreign investment in domestic airlines. In particular,
- Decree 30/2013 reduces the total foreign ownership limit in a Vietnamese airline from 49% to 30%;
- Decree 30/2013 requires the largest shareholder in a Vietnamese airline is a Vietnamese company or individual which has no “foreign-invested capital”.
- Decree 30/2013 applies “look-through” approach in determining the foreign ownership in a domestic airline. Under this approach, if a shareholder or an investor in a domestic airline has a foreign shareholder or investor then a prorated portion of the shareholding of such shareholder or investor in the domestic airline will be deemed to be owned by a foreign shareholder or investor.
- The General Director and the legal representative of a domestic airline must have Vietnamese citizenship and must not have any other citizenship.
Decree 30/2013 will become effective from 1 June 2013.