How counsel analyses market access: in this order
| Layer | Source | What to check |
|---|---|---|
| 1 | Investment Law | General principle: foreign investors are treated like domestic investors except in listed sectors. Prohibited business lines apply to everyone. |
| 2 | List of sectors restricted for foreign market access | Two groups: sectors not yet open to foreign investors, and sectors open subject to conditions. Instrument and content (confirm with counsel). |
| 3 | WTO commitments | Vietnam's Schedule of Specific Commitments in Services: sector (CPC code), mode of supply, ownership cap, form of presence. |
| 4 | Applicable FTAs: CPTPP, EVFTA, UKVFTA, RCEP, other applicable treaties | An investor from a treaty party may claim the more favourable treaty. Nationality of the investor (Questionnaire Q2) matters. |
| 5 | Vietnamese sector-specific legislation | Sector laws may be more liberal or stricter than treaties, and often add licensing conditions. |
| 6 | Ownership caps | Maximum foreign shareholding. Public companies and some sectors have their own caps. |
| 7 | JV requirements | Whether a Vietnamese partner (sometimes a licensed one) is required. |
| 8 | Permitted scope | Exactly which activities inside the sector are open (for example wholesale but not retail). |
| 9 | Investor qualification | Experience, capital, licence in home country or other tests on the foreign investor itself. |
| 10 | Land / national security restrictions | Location-based limits, and defence / public security review. |
Where a sector is not mentioned in any treaty and no Vietnamese law restricts it, practice of the licensing authority may still vary. Case-specific legal review required.
| Sector | Foreign ownership cap | JV required? | Foreign investor qualification? | Scope restriction? | Treaty basis | Domestic law basis | Further licence | Notes |
|---|---|---|---|---|---|---|---|---|
| FORMAT EXAMPLE: [sector name + CPC / VSIC code] | [e.g. cap % or “none”] | [Yes / No] | [e.g. years of experience] | [e.g. excluded sub-activities] | [treaty + schedule reference] | [law / decree + article] | [licence name] | [practice notes, date checked] |
Sector-by-sector conclusions (ownership caps, JV requirements, scope limits) are not published here: they must come from verified sources applied to your exact activity and your nationality.
Legal status reviewed as of 18 September 2026. Confirm current rules with counsel before acting.