Law 03/2016/QH14 Amending article 6 and appendix 4 on the list of sectors and trades subject to conditional business investment

1 Article 1. To amend and supplement the Law on Investment:
3 Appendix 4. LIST OF SECTORS AND TRADES SUBJECT TO CONDITIONAL BUSINESS INVESTMENT

Law 03/2016/QH14

November 22, 2016

Amending and Supplementing Article 6 and Appendix 4 on the List of Sectors and Trades Subject to Conditional Business Investment of the Law on Investment

 

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing Article 6 and Appendix 4 on the List of Sectors and Trades Subject to Conditional Business Investment of Law No. 67/2014/QH13 on Investment.

Article 1. To amend and supplement the Law on Investment:

1. To add Point g to Clause 1, Article 6, as follows:

“g/ Trade in firecrackers.”;

2. To replace Appendix 4 on the list of sectors and trades subject to conditional business investment of the Law on Investment with Appendix 4 on the list of sectors and trades subject to conditional business investment of the Law on Investment promulgated together with this Law.

Article 2

1. This Law takes effect on January 1, 2017, except for Clause 2 of this Article.

2. Provisions on the following sectors and trades subject to conditional business investment shall take effect on July 1, 2017:

a/ Trade in disguised devices and software to record sound, images and navigate;

b/ Production, assembly and import of automobiles.

The Government shall prescribe the application of transitional provisions to organizations and individuals doing business in sectors and trades specified in this Clause.

3. To annul a number of articles and clauses of the following laws:

a/ Clause 1, Article 19 of Law No. 43/2013/QH13 on Bidding;

b/ Article 151 of Law No. 50/2014/QH13 on Construction.

This Law was passed on November 22, 2016, by the XIVth National Assembly of the Socialist Republic of Vietnam at its 2nd session./.

Appendix 4. LIST OF SECTORS AND TRADES SUBJECT TO CONDITIONAL BUSINESS INVESTMENT

(Promulgated together with Law No. 03/2016/QH14 Amending and Supplementing Article 6 and Appendix 4 on the List of Sectors and Trades Subject to Conditional Business Investment of Law No. 67/2014/QH13 on Investment)

No.

Sectors and trades

1

Making seals

2

Trading in supporting tools (including also repair services)

3

Trading in fireworks of all kinds, except firecrackers

4

Trading in disguised devices and software to record sound, images and navigate

5

Trading in paint spray guns

6

Trading in clothing and equipment for armed forces, military weapons, equipment, technical devices and vehicles exclusively used for national defense and security purposes; special-type components, parts, spare parts, supplies and equipment and their manufacturing technologies 

7

Pawn services

8

Massage services

9

Trading in signaling devices of priority vehicles

10

Debt collection services

11

Security services

12

Fire prevention and fighting services

13

Law practice

14

Notary public practice

15

Practice of judicial examination in the fields of finance, banking, construction, antiques, relics and copyright

16

Property auction practice

17

Services provided by commercial arbitrations

18

Bailiff practice

19

The practice of management and liquidation of property of enterprises and cooperatives in the course of bankruptcy settlement

20

Accounting services

21

Auditing services

22

Tax procedure completion services

23

Customs clearance services

24

Duty-free goods trading

25

Bonded warehouse and container freight station services

26

Customs clearance, cargo storage, customs inspection and supervision location services

27

Securities trading

28

Provision of securities registration, depository, clearing and payment services by securities depository centers/organization of exchanges for listed securities and other securities

29

Insurance business

30

Re-insurance business

31

Insurance brokerage

32

Insurance agency

33

Price appraisal services

34

Lottery business

35

Prize-winning video games for foreigners

36

Debt trading services

37

Credit rating services

38

Casino business

39

Betting business

40

Voluntary pension fund management services

41

Petrol and oil trading

42

Gas trading

43

Production and repair of liquefied petroleum gas bottles (LPG bottles)

44

Commercial assessment services

45

Trading in industrial explosives (including also explosive destruction services)

46

Trading in explosive precursors

47

Dealing in sectors and trades involving the use of industrial explosives and explosive precursors

48

Blasting services

49

Trading in chemicals, except those banned under the International Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and their Destruction

50

Wine and liquor trading

51

Trading in tobacco products, tobacco materials or machinery and equipment of the tobacco industry

52

Trading in foods subject to specialized management by the Ministry of Industry and Trade

53

Operation of goods exchanges

54

Electric power generation, transmission, distribution, wholesale, retail, import and export and provision of consultancy services in the electricity industry

55

Rice export

56

Temporary import for re-export of excise tax-liable goods

57

Temporary import for re-export of frozen goods

58

Temporary import for re-export of goods on the list of used goods

59

Commercial franchising

60

Logistic services

61

Mineral trading

62

Trading in industrial precursors

63

Goods sale and purchase activities and activities directly related to goods sale and purchase activities of foreign investors and foreign-invested economic organizations

64

Multi-level marketing

65

E-commerce

66

Petroleum activities

67

Energy audit

68

Vocational education

69

Inspection of vocational education quality

70

Professional skills assessment services

71

Occupational safety technique inspection services

72

Occupational safety and health training services

73

Job placement services

74

Provision of guest worker supply services

75

Voluntary drug detoxification services

76

Labor outsourcing services

77

Road transportation

78

Automobile warranty and maintenance services

79

Manufacture, assembly and import of automobiles

80

Motor vehicle inspection services

81

Automobile driver training services

82

Traffic safety inspector training services

83

Vehicle driver testing services

84

Traffic safety inspection services

85

Waterway transportation

86

Inland waterway vessel building, conversion, repair and restoration services

87

Inland waterway vessel crewmember and operator training services

88

Training, recruitment or supply of maritime crewmembers

89

Maritime safety assurance services

90

Sea transportation, shipping agency

91

Seagoing ship towage services

92

Import and demolition of used seagoing ships

93

Seagoing ship building, conversion and repair services

94

Commercial operation of seaports

95

Air transportation services

96

Provision of the services of designing, manufacturing, maintaining or testing aircraft, aircraft engines, aircraft propellers and other aircraft equipment and devices in Vietnam

97

Commercial operation of airports and airfields

98

Aviation services at airports and airfields

99

Flight assurance services

100

Aviation staff training and retraining services

101

Railway transportation

102

Commercial operation of railway infrastructure facilities

103

Dealing in urban railways

104

Multimodal transportation services

105

Dangerous goods transportation services

106

Pipeline services

107

Real estate business

108

Training and re-training in real estate brokerage knowledge, real estate exchange administration

109

Training and re-training in professional knowledge about apartment building management and operation

110

Construction investment project management consultancy services

111

Construction survey services

112

Construction designing and construction design appraisal services

113

Work construction supervision consultancy services

114

Work construction services

115

Construction activities of foreign contractors

116

Construction investment cost management services

117

Construction work quality inspection services

118

Specialized construction experimentation services

119

Apartment building management and operation services

120

Crematorium management and operation services

121

Construction designing and planning services

122

Urban planning consultancy services provided by foreign organizations or individuals

123

Trading in white asbestos products of the Serpentine group

124

Postal services

125

Telecommunications services

126

Digital signature certification services

127

Operation of publishing houses

128

Printing services, except package printing

129

Publication distribution services

130

Social network services

131

Telecommunications network and online game services

132

Pay radio and television services

133

News website development services

134

Processing, recycling, repair or renewal of used information technology products on the list of used information technology products banned from import for foreign partners

135

Provision of information contents and information technology services on mobile telecommunications networks and the Internet

136

Services of registration and maintenance of domain names “.vn”

137

Provision of network information safety products and services

138

Provision of civil cryptography products and services

139

Trading in signal jamming equipment and mobile phone signal jammers

140

Operation of pre-school institutions

141

Operation of general education institutions

142

Operation of higher education institutions

143

Operation of foreign-invested educational institutions, representative offices of foreign educational institutions in Vietnam, divisions of foreign-invested educational institutions

144

Operation of continuing education institutions

145

Operation of specialized schools

146

Joint training with foreign partners

147

Educational quality inspection

148

Overseas education consultancy services

149

Aquatic resource exploitation

150

Aquatic product trading

151

Aquatic and animal feed trading

152

Aquatic and animal feed assay services

153

Trading in biologicals, microorganisms, chemicals and substances for treatment and improvement of aquaculture environment

154

Building and reform of fishing ships

155

Breeding, rearing or artificial propagation of wild fauna or flora species prescribed in the appendices to the CITES

156

Breeding, rearing or artificial propagation of endangered, rare and precious species of wild fauna or flora not prescribed in the appendices to the CITES

157

Breeding and rearing ordinary wild animals

158

Import, export, re-export, transit, and introduction from the sea of natural specimens of species prescribed in the appendices to the CITES

159

Import, export and re-export of samples of bred or reared animals or artificially propagated plants of species prescribed in the appendices to the CITES

160

Trading in forest plants and animals restricted from exploitation and use for commercial purposes

161

Trading in plant protection drugs

162

Treatment of objects subject to plant quarantine

163

Plant protection drug assay services

164

Plant protection services

165

Trading in veterinary drugs, vaccines, biologicals, microorganisms and chemicals for use in animal health

166

Technical services in animal health

167

Testing and surgery services for animals

168

Vaccination, diagnosis, prescription, medical treatment and heath care services for animals

169

Veterinary drug testing and assay services (veterinary drugs include veterinary drugs, veterinary drugs for aquatic animals, vaccines, biologicals, microorganisms and chemicals for use in animal health and aquatic animal health)

170

Concentrated husbandry

171

Commercial operation of slaughterhouses

172

Trading in foods subject to specialized management by the Ministry of Agriculture and Rural Development

173

Animal and animal product isolation and quarantine services

174

Fertilizer trading

175

Fertilizer assay services

176

Trading in plant varieties and animal breeds

177

Trading in aquatic animal breeds

178

Plant variety and animal breed assay services

179

Aquatic breed assay services

180

Services of testing and assay of bio-preparations, microorganisms, chemicals and environmental treatment and improvement substances for use in aquaculture

181

Trading in genetically modified products

182

Medical examination and treatment services

183

HIV testing services

184

Tissue banking services

185

Assisted reproductive services, sperm and embryo storage services

186

Infectious disease-causing microorganism testing services

187

Vaccination services

188

Opioid substitution treatment services

189

Cosmetic surgery services

190

Services of performing surrogacy techniques

191

Pharmaceutical trading

192

Production of cosmetics

193

Trading in pesticides and antiseptics for medical use

194

Trading in foods subject to specialized management by the Ministry of Health

195

Trading in medical equipment and devices

196

Operation of medical equipment-classifying institutions

197

Medical equipment inspection services

198

Intellectual property examination services (including examination of copyright and related rights, industrial property and rights to plant varieties) 

199

Performance of radiation jobs

200

Atomic energy application assistance services

201

Conformity assessment services

202

Inspection, calibration and testing of measuring devices and measurement standards

203

Production of safety helmets for motorcycle riders

204

Technology assessment, valuation and inspection services

205

Intellectual property representation services

206

Film production, distribution and publicization

207

Antique assessment services

208

Formulation, implementation and supervision of the implementation of, projects to maintain, upgrade and restore relics

209

Karaoke or ballroom services

210

Travel services

211

Dealing in sports activities of sports enterprises and professional sports clubs

212

Organization of art performance, fashion shows, beauty or model contests

213

Dealing in phonograms or video recordings of songs, dances and dramas

214

Accommodations services

215

Advertising services

216

Trading in national relics, antiques and treasures

217

Export of relics and antiques not under state ownership or ownership of political organizations or socio-political organizations; import of cultural goods subject to specialized management by the Ministry of Culture, Sports and Tourism

218

Museum services

219

Dealing in electronic games (except prize-winning electronic games for foreigners and online prize-winning electronic games)

220

Land survey and valuation consultancy services

221

Land use master plan and plan formulation services

222

Services of development of information technology technical infrastructure and software for land information systems

223

Land database development services

224

Land pricing services

225

Measuring and mapping services

226

Meteoro-hydrological forecast and warning services

227

Ground water drilling and exploration services

228

Services of water exploitation and use, and discharge of wastewater into the water sources

229

Services of baseline survey and consultancy for the formulation of water resource master plans, schemes and reports

230

Mineral exploration services

231

Mineral mining

232

Hazardous waste transportation and disposal services

233

Scrap import

234

Environmental observation services

235

Trading in bio-preparations for waste disposal

236

Business activities of commercial banks

237

Business activities of non-bank credit institutions

238

Business activities of cooperative banks, people’s credit funds and microfinance institutions

239

Payment intermediary services

240

Credit information services

241

Foreign exchange activities of non-credit institutions

242

Gold trading

243

Money printing and minting