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Question: What are banned and conditional business lines in the amended Investment Law 2014?

Date 12/08/2015 - 14:34:00 | 227 views
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Answer:

I. Under Article 6, investments in the activities below are banned: 

a) Trade in the narcotic substances in line with the first appendix of this Law;

b) Trade in the chemicals and minerals in accordance with the second appendix of this Law;

c) Trade in specimens of wild flora and fauna specified in the first appendix of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; specimens of rare and/or endangered species of wild fauna and flora in Group I of the third appendix of this Law;

d) Prostitution;

dd) Human trafficking; trade in human tissues and body parts;

e) Business activities pertaining to human cloning.

The Government will specify regulations on production and use of the products (mentioned in points a, b, and c of this Article) in analysis, testing, scientific research, healthcare, pharmaceutical production, criminal investigation, national defense and security protection

II. Under Article 7, investments in the activities below are conditional: 

1. Conditional business lines are the domains in which investment must satisfy certain conditions for reasons of national defense and security, social order and security, social ethics, or public health.

2. The List of conditional business lines is provided in the fourth appendix of this Law.

3. Conditions for making investments in the business lines mentioned in Clause 2 of this Article are specified in the Laws, Ordinances, Decrees, and the international agreements to which the Socialist Republic of Viet Nam is a signatory.

Ministries, ministerial agencies, the People’s Council, People’s Committees, and other entities shall not be allowed to issue additional regulations on investment conditions.

4. Investment conditions must be in accordance with the objectives specified in Clause 1 of this Article, ensure transparency, objectivity and save time or costs of investors.

5. The conditional business lines and the corresponding conditions shall be available on the National Business Registration Portal.

6.  The Government shall elaborate the announcement and control of conditions for business investments.


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