In recent years, Vietnam has emerged as a key logistics hub in Southeast Asia, with its logistics and transport service policies continually being adjusted and refined. This document outlines the key points regarding market access conditions and restrictions in Vietnam’s logistics and transport services sector, based on the latest policies and international agreements, providing necessary guidance for enterprises seeking to enter the Vietnamese market.

1. Service Categories and Market Access Restrictions

1.1. Container Handling Services (CPC 7411)

• Scope: Container handling services, excluding services provided at airports, are classified as support services for various modes of transportation.
• Market Access Restrictions:
  • Foreign investors are allowed to provide services through joint ventures with Vietnamese partners, with foreign ownership not exceeding 50%.
  • According to the Vietnam-Japan Economic Partnership Agreement (VJEPA), Vietnam-Korea Free Trade Agreement (VKFTA), and the European Union-Vietnam Free Trade Agreement (EVFTA), certain areas may be reserved for providing public services or may require licensing procedures for these areas.
• Legal Basis:
  • WTO, AFAS, VJEPA, VKFTA, EVFTA, CPTPP
  • Decree No. 163/2017/NĐ-CP on logistics services management
  • Decree No. 37/2017NĐ-CP on conditions for operating seaports
  • Decree No. 147/2018/NĐ-CP on amendments to regulations on maritime business conditions

1.2. Customs Brokerage and Clearance Services

• Service Definition: This includes services where one party handles customs procedures related to the export, import, or transit of goods on behalf of another party, whether it is a primary or supplementary service.
• Market Access Restrictions:
  • International agreements allow foreign investors to enter the market through joint ventures without restrictions on foreign ownership.
  • According to Vietnamese regulations, customs brokerage services are considered maritime support services, allowing the establishment of businesses or investment through equity participation or share purchases. Foreign investors may establish a commercial presence through business cooperation contracts.
• Legal Basis:
  • WTO, AFAS, VJEPA, VKFTA, EVFTA, CPTPP
  • Decree No. 163/2017/NĐ-CP on logistics services management

2. Other Transport Support Services

2.1. Scope: Includes activities such as bill of lading inspection, freight brokerage, cargo inspection, sampling and weighing, receipt and acceptance of goods, and preparation of transport documents.

• Market Access Restrictions:
  • According to Vietnamese regulations and international agreements, joint ventures without restrictions on foreign ownership are allowed.
  • Under the AFAS and EVFTA frameworks, there are no market access restrictions.
• Legal Basis:
  • WTO, AFAS, VJEPA, VKFTA, EVFTA, CPTPP
  • Decree No. 163/2017/NĐ-CP on logistics services management

3. Multimodal Transport Services

3.1. Legal Requirements:

• Vietnamese enterprises or foreign-invested enterprises in Vietnam may only conduct international multimodal transport services after obtaining an international multimodal transport business license.
• Enterprises must meet a minimum asset requirement of 80,000 SDR, provide equivalent guarantees, or offer alternative financial arrangements as prescribed by law.

3.2. Conditions for Foreign Enterprises:

• Enterprises from ASEAN member countries or countries that have signed multimodal transport agreements with Vietnam must hold an international multimodal transport business license or equivalent issued by the relevant authority in their home country and must provide professional liability insurance or equivalent guarantees.
• Legal Basis:
  • Decree No. 144/2018/NĐ-CP on amendments to multimodal transport regulations
  • Decree No. 87/2009/NĐ-CP on multimodal transport

Summary and Recommendations

Based on the above market access conditions and restrictions for logistics and transport services in Vietnam, enterprises should select appropriate market entry methods depending on the type of service, especially regarding joint ventures or wholly-owned enterprises, while paying attention to foreign ownership limitations. International agreements such as the WTO and EVFTA provide more opportunities for market entry, especially as the Vietnamese government supports the development of the logistics sector. It is recommended that enterprises thoroughly study the relevant legal provisions and international agreements before entering the Vietnamese market to fully capitalize on the opportunities provided by market liberalization.