Some services are so new they appear in no commitment schedule and have no sector law in Vietnam — hybrid business models, novel platform services, unclassified digital services. Foreign investors filing for these sectors enter a wholly different process: a ‘market access consideration’ process whose outcome sits not with one case officer but in consensus among several managing ministries.
The uncommitted-sector consideration mechanism
- What an unaccessed sector is — Investment Law 143/2025/QH15 (replacing Law 61/2020/QH14 from 1 March 2026): a sector not yet open to market access is one with no international commitment and no domestic rules on foreign-investor access conditions.
- Not banned, but considered for permission — for these sectors, foreign investors may be considered case by case after the investment registration authority consults the sector ministry and related bodies; access conditions (if granted) are written into the Investment Registration Certificate.
- No default right to approval — unlike committed sectors (where meeting conditions entitles issuance), uncommitted sectors involve policy discretion: authorities may refuse or impose extra conditions (pilot scope, limits, a domestic partner) with no international-commitment basis for complaint.
- Security and sensitivity slow the file — services touching data, mapping, media, finance or critical infrastructure usually pass through multi-ministry consultation and may be asked to restructure (carving sensitive activities to a domestic partner).
A filing strategy for uncommitted sectors
- Pre-screen informally: present the model to the investment authority and sector ministry through a project introduction dossier before formally filing, to surface policy blockages early.
- Design a risk-reduced model for reviewers: a clear pilot scope, data and security compliance commitments, phased expansion — a ‘ask little, prove it works’ file passes more easily than a full-scope first ask.
- Budget time in months, not weeks, and never promise an opening date to partners or clients before the IRC records the access conditions.
Uncommitted sectors are not a forbidden zone — they are a negotiation zone. Foreign investors who grasp this invest in dossier quality and policy dialogue first, office leases and hiring second; those who treat it as a routine procedure are ambushed by a process where both timing and outcome sit outside every ordinary commitment.
Frequently asked questions
Can we invest in a sector with no commitments?
Possibly: Investment Law 143/2025 allows case-by-case consideration of foreign investors in not-yet-accessed sectors, after consulting the sector ministry.
Who decides on permission?
The investment registration authority decides based on opinions of the sector ministry and related bodies; access conditions are recorded in the Investment Registration Certificate.
How long does the negotiation take?
Materially longer than ordinary procedures because of inter-ministry consultation; budget in months and promise no opening date before the IRC issues.
This article has been quality-reviewed by the FLAW AI Legal Council
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