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Under planned reforms, investors in Vietnam will be subject to strict police screening

Under planned reforms, investors in Vietnam will be subject to strict police screening

A draft decree states that investors in Vietnam's energy, telecommunications and construction sectors will have to get police approval before they can proceed with their projects. This is part of a major reform designed to increase security and guarantee the "absolute authority" of the ruling Communist Party.

The text of the proposed public security ministry proposal, which is subject to change, could increase the compliance costs for businesses in Southeast Asia while also significantly increasing the power of the security apparatus.

The proposal, published on the website of the Ministry of Security, stated that "in socio-economic development security must be assured, without sacrificing the national interest for economic benefits." Other ministries are invited to comment until September 22, 2009.

The prime minister could sign it into law if no major changes were requested.

Vietnam, a country that is heavily dependent on exports and foreign investors, conducts only limited security checks for most development projects. The police are primarily consulting in this regard. If approved, it is not clear how widely the new rules will be implemented and whether they will only apply to future projects.

In a separate explanation, the ministry stated that the new provisions are necessary in order to cope with an increasingly complex international environment dominated by strategic rivalry aimed at "increasing the spheres of influence of powerful countries," but did not specify which nations.

The ministry didn't respond to a comment request.

In a communist-run Vietnam, the police play an important role that goes beyond security. They have a significant influence on the legislation, and their interests in economics are growing. To Lam, the party leader and Vietnam’s most powerful man before he became the president, was the head of the security ministry. Separately the army is responsible for a variety of businesses including banks and Viettel, the country's largest telecom operator.

The proposed reform would grant the security ministry the authority to evaluate development projects for critical infrastructures such as nuclear power plants and telecommunications and satellite services that involve foreign participation, ports, and oilfields on the basis of security.

SpaceX and Amazon, two U.S.-based companies, plan to launch satellite communication services in Vietnam.

POLICE TO VET GOLF PROJECTS

According to the draft document, even less-critical operations, such as industrial parks and golf clubs, would require the approval of the Ministry.

Vietnam Golf Association reports that the country plans to expand from its current nearly 100 golf courses. Donald Trump's family business is working with a local developer to build a large resort near Hanoi.

The country also hosts large industrial operations of multinationals such as South Korea's Samsung Electronics and Japan's Honda, who are drawn to the low cost of labour but sometimes express concerns about slow project approvals.

According to the proposal, the ministry will, with support from national and local police, determine whether or not security conditions, yet to be defined, are met before projects, including those that involve foreign investors, can proceed.

Unnamed legal consultant in Vietnam, who spoke more freely because he did not want to be identified, said that the decree effectively gave the police the right to veto any project. He also noted that some companies expressed concern about the draft document as they feared it would increase compliance costs and cause delays.

The other corporate, diplomatic, and legal representatives that we contacted about the draft rule declined to comment. Some refused to speak on the matter due to the sensitive nature or lack of clarity surrounding the proposed rule.

The document states that the proposal will include a mechanism for the security ministry to oversee and inspect foreign aid and "to assess comprehensively the impact on security, social stability and safety of foreign-invested project, implemented in key localities and regions, where many workers and labourers live."

In 2019, a similar decree was issued to ensure that defence priorities are taken into consideration for economic projects. However, it gave the Army less explicit powers and was limited in scope. Reporting by Francesco Guarascio, Khanh Vu and Shri Navaratnam.

(source: Reuters)