This Decree regulates the conditions for investment pursuant to all forms of direct investment in the post and telecom sector and provides other particular provisions applicable to administration of post and telecom project works for business purposes | COMMENTS ON DRAFT DECREE ON INVESTMENT ACTIVITIES IN THE POST AND TELECOMMUNICATIONS SECTOR (Draft 9) Article Draft Comments by Frasers Law Firm 1 Governing scope The Law on Investment and its guiding texts regulate both direct and indirect forms of investment. This Decree, as a legal text guiding the implementation of This Decree regulates the conditions for investment pursuant the Investment Law in post, telecommunication, Internet, and broadcast to all forms of direct investment in the post and telecom transmission, also needs to address both direct and indirect forms of investment. sector and provides other particular provisions applicable to Otherwise, a separate decree regulating indirect investment in the post and administration of post and telecom project works for telecom sector would be called for in the near future. business purposes To avoid confusion during implementation, it should be clearly stipulated that this Decree does not regulate and apply for outbound investment activities. 2 Applicable entities The Decree should clearly stipulate that applicable entities are investors including domestic enterprises, foreign enterprises, and enterprises with foreign owned This Decree applies to both domestic and foreign investors capital conducting . conducting investment activities in the post and telecom sector in the territory of Vietnam, and to other organizations Reason: to ensure compliance and consistency with the definitions in Vietnam’s and individuals involved in such investment activities. commitments upon WTO accession regarding the service sector, as well as the draft Decree guiding the implementation of Vietnam’s WTO commitments. 1 3 Interpretation of terms The “delivery services” should be specifically termed as “public delivery network “Investment activities in the post sector” means investment services” to be consistent with the definition of delivery network in Article 12 of activities for the provision of delivery services. the Ordinance.
