On 04/09/2026, representative of HM&P Law Firm ("HM&P"), Managing Partner Nguyen Van Phuc participated in a meeting at the Ministry of Finance and contributed opinions on the Draft Law amending and supplementing a number of articles of the Law on Investment No. 143/2025/QH15 (the "Draft"). The meeting took place during the process of the agency continuing to study and adjust the Draft after the public comment period.
Overview of the working session at the Ministry of Finance.
The draft focuses on completing many mechanisms related to investment attraction and management, notably foreign investors' market access conditions, investment incentives and support policies, local investment attraction mechanisms and investment management tools. From the perspective of consulting practice, Lawyer Phuc has contributed ideas to increase the clarity, feasibility and uniform applicability of the proposed regulations.
At the meeting, Lawyer Phuc focused on comments on the specific mechanism to attract investment of localities
One of the notable contents of the Draft is the continued improvement of the market access mechanism for foreign investors, in the direction of allowing the consideration of easing conditions in a number of industries and trades on the basis of socio-economic conditions and state management requirements from time to time. According to Lawyer Phuc, the Draft also expands forms of investment support for supply chain development, production, technology, initial investment and cooperation with educational institutions, science and technology organizations, thereby expressing the orientation of attracting investment in the direction of paying more attention to project quality and added value to the economy.
Lawyer Phuc shared in-depth insights during the working session.
At the meeting, Lawyer Phuc focused on comments on the specific mechanism to attract investment of localities. Accordingly, the provincial People's Council may decide to use the local budget to support a number of costs to attract projects that have a great impact on socio-economic development. From a practical perspective, Lawyer Phuc proposed to consider adding a support ceiling, which can be determined according to a certain percentage of the total investment capital or actual contributed capital of the project, thereby contributing to increasing transparency, creating a more uniform basis for application between localities and helping investors to better predict support policies right from the project preparation stage. Lawyer Phuc shared:
"It is necessary to give more initiative to localities in attracting investment, but the support mechanism also needs to have clear limits. Stipulating an appropriate ceiling will help increase transparency, ensure consistency in application and create a basis for investors to evaluate support policies more clearly before making investment decisions."
Specifying the scope, conditions, jurisdiction and limits of application will be important.
Accordingly, HM&P believes that the completion of investment policies should simultaneously ensure flexibility in attracting investment and clarity and feasibility when applied in practice. For new mechanisms such as easing market access conditions or supporting local investment, specifying the scope, conditions, jurisdiction and limits of application will be important in increasing transparency, limiting different interpretations and helping investors have a clearer basis when evaluating and implementing projects in Vietnam.
Commenting on this Draft is one of HM&P's professional activities to bring issues arising from the practice of consulting and implementing investment projects into the process of exchanging and perfecting policies. Thereby, HM&P continues to closely monitor the changes in the legal environment on investment and contribute practical perspectives towards an investment framework that is more transparent, feasible, predictable and suitable for the development needs of businesses and investors in Vietnam.
