The Ministry of Finance proposes new regulations on conditional business investment industries and professions, and business investment conditions.
The Ministry of Finance said that the list of conditional investment and business sectors stipulated in Appendix 4 of the 2014 Investment Law includes 267 sectors. Currently, according to the provisions of the 2020 Investment Law (amended and supplemented by Law No. 90/2025/QH15), the number of conditional investment and business sectors has been reduced to 237 sectors, in which the requirements for conditions in accordance with planning or having a business plan have also been significantly reduced; capital requirements have been abolished in most sectors... Thanks to that, the business environment has become more favorable, creating more conditions for enterprises to participate in the market as well as invest, produce and do business in many sectors.
However, the "reduction of the List of conditional business investment sectors" is not substantial; it is mainly in the form of combining business sector names or using business sector names with a wide scope of regulation to reduce the number of business sectors in form. Currently, the conditional business sectors issued with Appendix IV of the Investment Law mostly apply the pre-inspection mechanism (must apply for a license to do business). In fact, there are some sectors that may not need to be controlled under the pre-inspection mechanism such as the business sector: Business services of building, converting, repairing, restoring inland waterway vehicles, manufacturing helmets because quality standards are managed by technical regulations, do not require investment conditions... This will limit the promotion of business freedom, creating barriers to market entry for enterprises.
Some new industries, which pose complex risks to security, order, and public health, are not regulated as conditional investment and business industries, making it difficult for state agencies to manage their operations. Business owners can easily take advantage of loopholes to violate the law (such as: Personal data sharing platform business (Reason: Ensuring information security and personal privacy); Deepfake technology business (Reason: Preventing technology abuse that causes information disruption and fraud)...
The provisions on the List of conditional investment and business sectors in the Law have not met the requirements for timely amendment and supplementation in some urgent cases, and have not created the Government 's proactive right in controlling these sectors and sectors.
Therefore, to effectively improve the business investment environment and ensure the freedom of business of enterprises, it is necessary to continue to amend and perfect regulations on conditional business lines and business investment conditions to overcome the above problems.
The Government prescribes the List of conditional investment and business sectors and occupations.
In the draft, the Ministry of Finance proposed to amend and supplement Clause 2, Article 7 of the Investment Law in the direction of regulating the List of conditional investment and business sectors and professions promulgated by the Government to create flexibility and initiative for the Government in controlling the promulgation of conditional investment and business sectors and professions.
The Ministry of Finance also proposed to supplement the provisions in Article 7 of the Investment Law to clarify the principles for determining business investment conditions. Accordingly, "business investment conditions are requirements and conditions on capacity, professional qualifications, human resources, facilities, and management systems that individuals and organizations must meet to carry out business investment activities in conditional business investment sectors and professions, not including technical regulations and standards issued by competent authorities on product and service quality".
The addition of this provision serves as a basis for reviewing, screening and defining investment and business sectors that really need to conduct "pre-inspection" and transferring sectors and professions that currently regulate investment and business conditions applicable to output products and services that can be controlled by technical regulations and standards issued by competent authorities to the "post-inspection" mechanism.
Please read the full draft and give your comments here.
Source: https://baochinhphu.vn/de-xuat-moi-ve-nganh-nghe-dau-tu-kinh-doanh-co-dieu-kien-dieu-kien-dau-tu-kinh-doanh-102250910174242776.htm
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