RESOLUTION NO. 66.17/2026/NQ-CP: A MAJOR SHIFT IN VIETNAM’S CONDITIONAL BUSINESS INVESTMENT LANDSCAPE

Executive Summary

On 15 May 2026, the Government of Vietnam issued Resolution No. 66.17/2026/NQ-CP (“Resolution 66.17”) regarding the removal and amendment of conditions applicable to more than 50 conditional business sectors. Based on the Law on Investment No. 143/2025/QH15 (“Law on Investment 2025”) and guided by the Ministry of Finance, the Resolution forms part of the Government’s broader effort to simplify market entry procedures, reduce administrative burdens, and improve the investment environment.

Resolution 66.17 directly amends the conditional business sectors listed under Appendix IV of the Law on Investment 2025. This update sets out the key regulatory principles, implementation roadmap, and transitional provisions that both foreign and domestic investors should take into account from 01 July 2026.

1. Understanding “Conditional Business Sectors” Under Article 7 of the Law on Investment 2025
Under Article 7 of the Law on Investment 2025, conditional business sectors are industries in which companies must satisfy specific legal requirements before or during their operations. These conditions are imposed only where necessary to protect national defense, national security, public order, social morality, public health, or community safety.

Depending on the sector, businesses may be required to obtain licenses, certificates, or approvals, or comply with technical and operational standards subject to post-inspection supervision. All conditional business sectors are regulated under higher level legal instruments and listed in Appendix IV of the Law on Investment 2025.

2. Key Principles for the Removal and Amendment of Business Conditions Under Resolution 66.17

The Government has laid out three principles to justify the removal or modification of investment conditions for specific industries:

(1)  Protection of Public Interests

Conditions may be removed for sectors that are no longer considered necessary for the protection of national defense, national security, public order, social morality, or public health under Article 7 of the Law on Investment 2025.

(2)  Transition to Post-Inspection Supervision

Certain sectors will no longer be subject to traditional entry conditions where compliance can instead be managed through technical standards, regulations, or professional requirements under a post-inspection mechanism rather than a pre-approval mechanism.

(3)  Removal of Overlapping or Ineffective Conditions

The Resolution also removes or amends sectors with overlapping, unclear, or redundant conditions, particularly where equivalent regulatory mechanisms already exist or where the conditions are no longer practical or enforceable.

3. Key Sectors Removed from Conditional Business Requirements

Resolution 66.17 removes business conditions across a broad range of sectors, reflecting the Government’s shift toward a more streamlined regulatory approach.

Several notable sectors affected by the Resolution include legal and professional services, insurance-related activities, gas and liquor trading, rice exportation, mineral exploitation, transportation and logistics services, automobile manufacturing and importation, as well as certain technology, construction, and hospitality-related services.

Given the wide scope of the Resolution and the ongoing development of implementing regulations, businesses should assess whether their operations may benefit from the removal or amendment of existing licensing requirements. Companies operating in potentially affected sectors are encouraged to seek specific legal advice regarding the applicability of the new framework to their business activities.

 4. Implementation Timeline and Responsibilities of State Authorities

To support the implementation of Resolution 66.17 and avoid regulatory gaps, the Government has assigned specific responsibilities to relevant state authorities.

Ministers and heads of ministerial-level agencies are required to develop alternative management measures, technical regulations, or professional standards for the affected sectors before 01 July 2026. To meet this timeline, the Government has authorized ministries to apply shortened legislative procedures where necessary.

The Ministry of Science and Technology is responsible for coordinating with other ministries to ensure that the relevant technical regulations are issued and take effect in line with the implementation of the Resolution.

At the same time, the Ministry of Finance has been assigned to review and propose amendments to Appendix IV of the Law on Investment 2025 to ensure consistency within the broader legal framework.

5. Validity Period and Transitional Clauses

Resolution 66.17 is intended to operate as a temporary transitional mechanism. The Resolution takes effect on 01 July 2026 and will expire on 28 February 2027. During this period, where there is any inconsistency between the Resolution and other laws governing conditional business sectors, the provisions of Resolution 66.17 will prevail.

The Resolution also includes transitional protections for existing businesses. Enterprises currently operating in sectors affected by the Resolution may continue using their existing licenses, certificates, or approvals until their expiry dates. Accordingly, businesses will not be required to re-apply for or replace valid permits already issued by the competent authorities.

6. Midland & Partners Comments & Action Items for Clients

1. Review Existing Permits: Corporate clients operating in sectors affected by the Resolution 66.17 should review and assess their current licenses, certificates, and operational approvals to maximize the protections available under the transitional provisions.
2. Prepare for the Post-Audit Compliance Regime: For businesses transitioning from a pre-approval licensing framework to a post-audit mechanism, compliance strategies should shift from a document-driven approval approach to ongoing operational compliance with applicable technical, professional, and regulatory standards.
3. Monitor Implementing Regulations: Clients should closely monitor forthcoming decrees, circulars, and technical guidelines expected to be issued by the relevant ministries before 01 July 2026 to ensure timely alignment with the new compliance requirements.

*Disclaimer: This legal update is intended for general informational purposes only and does not constitute formal legal advice. For specific guidance on how Resolution 66.17 impacts your particular business operations, please contact our legal counsel.

By Phuong Thao, Associate, Midland & Partners