Revised Title: Investment Law (Amended): National Assembly Opts to Slash 38 Conditional Business Sectors

On the morning of December 11th, the National Assembly officially passed the amended Law on Investment. This revised legislation includes several highly anticipated provisions for businesses, notably the updated list of conditional investment and business sectors and the narrowing of projects requiring investment policy approval.

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National Assembly members vote to pass the Amended Investment Law. Photo: QH

Ensuring Compliance with Resolution 68 and Resolution 198

Presenting the report on the absorption, explanation, refinement, and finalization of the Amended Investment Law, Minister of Finance Nguyen Van Thang stated that the Ministry of Finance has collaborated with relevant ministries and agencies to review the regulations.

This review aims to filter and delineate industries and occupations that genuinely require “prior inspection.” Industries and occupations that can be controlled through technical standards and criteria will be shifted to a “post-inspection” mechanism.

This aligns with the spirit of Resolution 68-NQ/TW and Resolution 198/2025/QH15.

The law has reviewed and reduced 38 conditional business investment sectors that do not meet the criteria. Additionally, the law has reviewed and amended the scope of 20 sectors.

The government will assign ministries and agencies to urgently study management methods based on standards and criteria for the sectors proposed for reduction or amendment.

This aims to achieve the goal of shifting from “prior inspection” to “post-inspection,” and from “licensing” to “registration” or “notification.” The focus will be on managing primarily through standards and criteria for important aspects requiring state regulation.

Investment approval will not apply to specific projects, including those not requiring approval from the provincial People’s Committee before land lease or land use conversion; infrastructure projects for industrial clusters.

This regulation also applies to mineral exploitation projects subject to mining rights auctions; mineral exploitation projects for emergency mobilization and other projects as specified.

Facilitating Foreign Investment and Outward Investment

Minister Nguyen Van Thang mentioned that the law allows foreign investors to establish companies before obtaining an investment registration certificate. This is a fundamental reform to improve the business environment.

This regulation is currently applied to small and medium-sized innovative startups, innovative startup investment funds, and foreign investors subject to special investment procedures.

This content is also mentioned in the regulations on the International Financial Center in Vietnam. Resolution 226/2025/QH15 on pilot special mechanisms for Hai Phong City development includes similar provisions.

“To ensure state management, the law continues to require investment registration certificate procedures for foreign investor projects,” the Minister stated.

According to him, the draft decree will supplement regulations on the reporting responsibilities of economic organizations established by foreign investors during the pre-project implementation period.

The law also specifies cases not requiring investment registration certificate procedures for outward investment. Investors only need to register foreign exchange transactions.

The aim is to make outward investment a crucial tool in foreign economic relations, supporting Vietnamese businesses in expanding globally and enhancing competitiveness in the global value chain.

Regulations on foreign exchange management for large-scale projects or special mechanisms have been added. The Ministry of Finance will report to the Prime Minister for consideration and approval before issuing or adjusting outward investment registration certificates.

38 Conditional Business Investment Sectors Reduced

(1) Tax procedure services (No. 20)

(2) Customs procedure services (No. 21)

(3) Insurance support services (No. 29a)

(4) Commercial appraisal services (No. 40)

(5) Temporary import and re-export of goods subject to special consumption tax (No. 52)

(6) Temporary import and re-export of frozen food products (No. 53)

(7) Temporary import and re-export of used goods listed in the Used Goods Catalogue (No. 54)

(8) Energy auditing (No. 61)

(9) Employment services (No. 67)

(10) Labor leasing services (No. 70)

(11) Car maintenance and warranty services (No. 72)

(12) Services for building, converting, repairing, and restoring inland waterway vehicles (No. 80)

(13) Maritime safety assurance services (No. 83)

(14) Ship towing services (No. 85)

(15) Services for building, converting, and repairing seagoing vessels (No. 87)

(16) Flight operation assurance services (No. 93)

(17) Multimodal transport services (No. 98)

(18) Architectural services (No. 103)

(19) Construction activities by foreign contractors (No. 109)

(20) Investment cost management services in construction (No. 110)

(21) Apartment building management and operation services (No. 113)

(22) Crematorium management and operation services (No. 114)

(23) Data center services (No. 130)

(24) Study abroad consulting services (No. 144)

(25) Breeding and cultivation of wild plant and animal species listed in CITES Appendices and the list of endangered, precious, and rare forest plants, animals, and aquatic species (No. 153)

(26) Breeding of common forest animals (No. 154)

(27) Export, import, re-export, transit, and inland import of natural specimens of species listed in CITES Appendices and the list of endangered, precious, and rare forest plants, animals, and aquatic species (No. 155)

(28) Export, import, and re-export of bred, grown, and artificially propagated specimens of species listed in CITES Appendices and the list of endangered, precious, and rare forest plants, animals, and aquatic species (No. 156)

(29) Processing, trading, transportation, advertising, display, and storage of specimens of species listed in CITES Appendices and the list of endangered, precious, and rare forest plants, animals, and aquatic species (No. 157)

(30) Trading in food products under the specialized management of the Ministry of Agriculture and Rural Development (No. 169)

(31) Animal and animal product quarantine isolation services (No. 170)

(32) Cosmetic surgery services (No. 180)

(33) Calibration, verification, and testing services for measuring instruments and measurement standards (No. 189)

(34) Performing arts, fashion show, beauty contest, and model contest organization services (No. 198)

(35) Services for building land information system technical infrastructure and software (No. 207)

(36) Land data database construction services (No. 208)

(37) Currency printing and minting activities (No. 227)

(38) Storage services (No. 229)

Nhat Quang

– 13:40 11/12/2025

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