One of the rules for application of market access restrictions for foreign investors that is always emphasized is (Clause 1, Article 17 of Decree No. 31/2021/ND-CP):

“Except the business lines on the Negative List for Market Access in Appendix I hereof, foreign investors have the same market access as that of domestic investors.”

At the same time, based on Article 17 Decree No. 31/2021/ND-CP, the application of market access restrictions to foreign investors is carried out according to typical principles such as:

+ Foreign investors must not invest in the prohibited business lines specified in Section A of Appendix I hereof.

+ For restricted business lines specified in Section B of Appendix I hereof, foreign investors shall fulfill the conditions that are published in accordance with Article 18 hereof.

+ Market access conditions for Vietnamese industries and occupations that have not yet committed to market access for foreign investors:

In case the Laws and Resolutions of the National Assembly, Ordinances and Resolutions of Standing committee of the National Assembly, Decrees of the Government (hereinafter referred to as “the law of Vietnam”) do not restrict market access in those business lines, foreign investors have the same market access as that of Vietnamese investors;;

In case the law of Vietnam has restrictions on market access by foreign investors in those business lines, the law of Vietnam shall apply.