For the industries specified in the list of industries and trades that restrict market access to foreign investors (Link to Question 3), Foreign Investors are only allowed to own a capital amount not exceeding a certain capital ratio depending on each industry.
Below are some regulations on the capital ratio of foreign investors in a number of industries in Vietnam
Table 1. Capital ratio of foreign investors based on WTO commitments on services
|
STT |
Industry |
Ratio of foreign investor's capital |
Note |
|
1 |
Telecommunication without network infrastructure (CPC 752 **) |
Not exceeding 65% |
Joint venture is required |
|
2 |
Telecommunication with network infrastructure (CPC 752 **) |
Not exceeding 49% |
|
|
3 |
Agriculture, hunting and forestry related (CPC Code 881) |
Not exceeding 51% |
|
|
4 |
Virtual private network (VPN) without network infrastructure |
Not exceeding 70% |
|
|
5 |
Virtual private network (VPN) with network infrastructure |
Not exceeding 49% |
|
|
6 |
Value added services related to telecommunications (CPC 7523 **) without network infrastructure |
Not exceeding 65% |
|
|
7 |
Added value related to telecommunications (CPC 7523 **) with network infrastructure |
Not exceeding 50% |
|
|
8 |
Film production (CPC 96112) |
Not to exceed 51% |
|
|
9 |
Movie release (CPC 96113) |
||
|
10 |
Film projection (CPC 96121) |
||
|
11 |
Inland waterway transportation services (CPC 7221, 7222) |
Not exceeding 49% |
|
|
12 |
Road transportation services (CPC 7121 + 7122,7123) |
Not exceeding 51% |
|
|
13 |
Sea transportation services excluding domestic transport (CPC 7211) |
Not exceeding 49% |
|
|
14 |
Container handling services (CPC 7411) |
Not exceeding 50% |
|
|
15 |
Railway transport services (CPC 7111, 7112) |
Not to exceed 49% |
|
|
16 |
Electronic games business (CPC 964 **) |
||
|
18 |
Entertainment (theater, wave music, circus) (CPC 9619) |
Not exceeding 49% |
Table 2. Ratio of foreign investors' capital is based on Vietnamese legal documents
|
STT |
Industry |
Ratio of foreign capital in the joint venture |
Note |
|
1 |
Joint venture commercial banks |
does not exceed 50% (except for special cases decided by the Prime Minister) |
Article 46 of Decree 22/2006 / ND-CP |
|
2 |
Security service business |
Less than 50% |
Article 3 of Decree 52/2008 / ND-CP |
|
3 |
Valuation services |
Maximum 35% |
Article 21 of Decree 89/2013 / ND-CP |
|
4 |
Enterprise valuation services for equitization |
Not determined |
Article 3 Circular 127/2012 / TT-BTC |
|
5 |
Ship towage services |
Not exceeding 49% |
Article 15 of Decree 30/2014 / ND-CP |
|
6 |
Air transport business |
Not exceeding 30% |
Clause 1, Article 11 of Decree 30/2013 / ND-CP |
Table 3. Share ownership ratio for foreign investors in Vietnam's joint stock commercial banks
|
Subject |
Maximum percentage of the total charter capital of the bank |
Note |
|
A foreign individual |
Not exceeding 5% of the charter capital of a Vietnamese credit institution. |
Article 7 of Decree 01/2014 / ND-CP |
|
A foreign organization |
Not exceeding 15% of the charter capital, except for the case of a strategic investor |
|
|
Foreign strategic investor |
Not to exceed 20% |
|
|
A foreign investor and its related person |
Not exceeding 20% |
|
|
Total share ownership of foreign investors |
Not exceeding 30% |