List of business lines of conditional investments: Adding automotive industry?

VCN- On October 29th, 2016 the Government submitted the Bill on amending and supplementing Appendix 4 of the Law on Investment on the list of business lines of conditional investments to the National Assembly.
list of business lines of conditional investments adding automotive industry

Accordingly, the Government proposed to abolish 27 lines, add 15 lines, merge 29 lines with duplicate contents into 19 lines, update the accurate names of 18 lines. Thus, the number of business lines of conditional investments will be 226, a decrease of 41 lines compared to the current list. Especially, among the recommended lines to be added, automobile producing, assembling and importing is the line that is receiving most attention.

According to the report of the Government: Automobiles are high-tech products with complex structures and great value. The qualities of automobiles have a great influence on the assurance of human life and health, traffic safety and environmental protection. Therefore, the conditions to invest in the automotive industry need to be applied, from the phases of producing, assembling or importing cars to the phases of warranty and servicing.

Specifically: Regarding the conditions for the production and assembly of automobiles under Decision No.115/2004/QD-BCN dated 12-5-2004 of the Ministry of Industry, which is now known as the Ministry of Industry and Trade (this Decision has expired since 1-7-2016 due to not issuing in accordance with the provisions of Article 7 of the Law on Investment - Reporter), automotive manufacturing and assembling businesses must invest in building automotive manufacturing and assembling factories which meet the automotive manufacturing and assembling business standards and the domestic automotive manufacturing and assembling products must be tested to be granted certificates of technical safety quality and environmental protection. In addition, current law also stipulates a number of other conditions in order to protect the interests of consumers and protect the environment.

However, in the case of current imported automobiles, importing businesses often do not have to invest in automotive manufacturing and assembling factories which meet the automotive manufacturing and assembling business standards and imported products also do not necessarily have "Certificate of technical safety quality and environmental protection". This does not ensure equality between domestic automotive manufacturing and assembling businesses and importing automobile businesses.

Automotive Industry Development Strategy until 2025 and the vision until 2035 approved by the Prime Minister under Decision No.1168/QD-TTg dated 16-7-2014 has issued the solution: "Researching to establish the necessary business conditions for imported automobiles; simultaneously, completing and supplementing the minimum technical standards for cars produced domestically to protect the rights of consumers, in accordance with international practice" and "Ensuring the consistency and stability of the policy system in a minimum period of 10 years, in line with the trend of integration to bring trust into consumers and producers, as a prerequisite for investment activities."

Therefore, adding automotive manufacturing and assembling and imported automobile lines is necessary to develop the automotive industry in line with the above direction, meet the requirements of raising the quality of products, ensuring consumer rights, protecting the environment and the safety, life and health of the community.

Mr. Nguyen Chi Dung, the National Assembly Deputy of Quang Tri Province – the Minister of Planning and Investment: the law cannot be based on the requirements of any interest groups

In the view from many angles, when a policy is issued, there can be different levels of impact on different interest groups. But the Government must base on the overall interests of the economy, combine multiple targets in a harmonious way, including an important target is ensuring the survival and development of Vietnam automotive industry and protecting the investors who have been operating in the field of production of components, assembly of automobiles, etc. the law cannot be based on the requirements of any interest groups.

Mr. Tran Hoang Ngan, the National Assembly Deputy of Ho Chi Minh City: It is necessary.

Currently, Vietnam is executing the improvement of the business investment environment, the reform of administrative procedures, creating a favorable business investment environment. But that does not mean allowing businesses to operate freely without the control. Businesses cannot produce the products that harm consumers freely. Thus, making the list of business lines of conditional investments is necessary. There are some fields that produce goods causing traffic accidents or hazardous when people use them, then we need to have conditions. The problems here are: the conditions must be open and transparent, and it is urgent to amend, supplement and perfect the legal framework.

Dr. Nguyen Duc Kien, Vice Chairman of the National Assembly Economic Committee, National Assembly Deputy of Soc Trang Province: The automotive industry of Vietnam should be given one more chance

The addition or abolition of a business line from the list of business lines of conditional investments must be based on the data and the full assessment of budget revenues, jobs, development and competitiveness capabilities of domestic businesses, etc.

When gathering and analyzing has not been careful as expected yet, I think that it cannot be decided right away. It should be added that the business conditions have to be considered on the basis of the mutual benefit of the nation, not just some provinces. In the case of the automotive industry, it should be considered to put all three sub-sectors i.e. "manufacturing", "assembly" and "importing" into the list of business lines of conditional investments or not.

However, Article 4 of the Law on Investment 2015 allows the adjustment of the list of business lines of conditional investments annually to suit the actual situation. This is the opportunity that can be utilised to protect domestic businesses without violating international commitments. I think the automotive industry of Vietnam should also be given one more chance, even though in recent years, this industry has not developed as social expectations, despite being given many favorable conditions.

Lawyer Truong Trong Nghia, the National Assembly Deputy of Ho Chi Minh City: The automotive industry must be a conditional business line.

I think that we should not be "afraid" of business conditions in general. In some cases, it is necessary to set up business conditions in order to protect the interests of the nation, the interests of the whole society. The problem is the way the conditions set up. If the conditions are specific, transparent, public; the officers do their duties in a responsible and timely way, there will be nothing to be afraid. For example, Ho Chi Minh City has regulations on work processing time limits; businesses are easy to check the progress of their application processing on the network; they can supplement or modify promptly if they have any concerns.

In the case of automotive manufacturing, repairing, importing industry, it needs to be seen that in the process of integration, all countries must strive to protect the interests of their country and people. After trying their best to negotiate, they must take advantage of every opportunity to be able to design appropriate protection policies, create conditions to promote domestic production.

The automotive industry, in my opinion, must be a conditional business line, because it is not only the industry requiring a variety of good technologies and technical equipment, but also a source of danger, according to the civil law, so there must be tightly controlled. On the other hand, the domestic market of Vietnam, with around 100 million people, is a major asset. Without policies to support domestic manufacturing businesses grow strong, use resources and domestic workers efficiently, we may undersell our domestic market. Benefits derived from the integration will not correspond to things that are lost.

By Cam Ha / Thai Binh / Duy Duc

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