hinh anh 20

Market access conditions for foreign investors in the "Logistics services business"

Legal Basis:

 

International Treaties and Free Trade Agreements:

 

  • WTO Commitment Schedule
  • International treaties signed by Vietnam within Free Trade Agreements (FTAs)
  • ASEAN Framework Agreement on Services (AFAS)
  • Vietnam-Korea Free Trade Agreement (VKFTA)
  • Vietnam-Japan Economic Partnership Agreement (VJEPA)
  • Vietnam-EU Free Trade Agreement (EVFTA)
  • Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

Vietnamese Law:

 

  • Decree 163/2017/ND-CP of December 30, 2017, on logistics business
  • Decree 37/2017/ND-CP of April 4, 2017, on conditions for operating seaports
  • Decree 147/2018/ND-CP of October 24, 2018, amending and supplementing a number of decrees on business conditions in the maritime sector
  • Decree 144/2018/ND-CP of October 16, 2018, amending and supplementing decrees on multimodal transport
  • Decree 87/2009/ND-CP of October 19, 2009, on multimodal transport
 

1. Container Handling Services, Except for Those Provided at Airports (Part of CPC 7411) Under Supporting Services for All Modes of Transport

As stipulated in Vietnamese agreements and laws:

  • Investment Form: Joint venture
  • Foreign Investor’s Ownership Ratio: Not exceeding 50%

Additional Provisions in VJEPA, VKFTA, and EVFTA: Certain areas may be reserved for the provision of public services or subject to licensing procedures in these areas.

2. Customs Brokerage Services (Including Customs Clearance Services)

As stipulated in agreements and Vietnamese law:

  • Investment Form: Joint venture 
  • Foreign Investor’s Ownership Ratio: No limit 

According to Vietnamese law:

Specifically for customs clearance services related to maritime transport support services:

  • Investment Form: Establishment of a business or contribution of capital, purchase of shares or capital contributions 
  • Condition: Must have a domestic investor 

Additional Provisions: Foreign investors may establish a commercial presence in Vietnam through business cooperation contracts (BCCs).

3. Other services, including the following activities: Bill of lading verification, freight forwarding services, goods inspection, sampling and weighing services; cargo receiving and acceptance services; transport document preparation services (Part of CPC 749) Investment Conditions: As stipulated in agreements and Vietnamese law:

  • Investment Form: Joint venture
  • Foreign Investor’s Ownership Ratio: No limit

Specifically for AFAS and EVFTA: No limit

4. Multimodal Transport Services

According to Vietnamese law:

  • Vietnamese enterprises, cooperatives, and foreign-invested enterprises in Vietnam may only engage in international multimodal transport after obtaining an international multimodal transport business license and meeting the following conditions: Maintaining assets of at least 80,000 SDR or having an equivalent guarantee or an alternative financial plan as prescribed by law (SDR is the Special Drawing Right, an international reserve asset created by the International Monetary Fund).
  • Enterprises from ASEAN member states that have signed the ASEAN Framework Agreement on Multimodal Transport or enterprises from countries that have signed an international treaty with Vietnam on multimodal transport may only engage in international multimodal transport after obtaining an international multimodal transport business license in Vietnam and meeting the following conditions:
    • Possessing an international multimodal transport business registration certificate or equivalent document issued by the competent authority of that country.
    • Having multimodal transport professional liability insurance or an equivalent guarantee.

Reference:

  • Law on Investment 2020
  • Decree 31/2021/ND-CP detailing and guiding the implementation of a number of articles of the Investment Law
  • https://ipcs.mpi.gov.vn/dieu-kien-tiep-can-thi-truong-doi-voi-nha-dau-tu-nuoc-ngoai-trong-nganh-kinh-doanh-dich-vu-logistics/
  • https://vietnaminvest.gov.vn