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, including the conditions for foreign investors to conduct
investment and business activities with restricted access.
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./.