FDI Investment in Port Infrastructure and Waterway Logistics in Vietnam
Vietnam is gradually affirming its role as an emerging logistics hub in the Asia‑Pacific region. Against the backdrop of increasingly clear global supply chain shifts, foreign direct investment (FDI) into port infrastructure and waterway logistics is seeing many positive signals. This is a golden moment for investors to seize the opportunity, while also posing a significant challenge in ensuring thorough legal preparation for effectiveness and safety during implementation.
Potential for Development of Seaports and Waterway Logistics in Vietnam
Vietnam has a special geographical advantage with a coastline longer than 3,200 km, a dense river‑network system, and convenient connections between key economic zones and neighboring countries. Currently, Vietnam’s seaport system includes more than 286 ports, but most are of medium scale, lacking synchronization, and haven't yet fully exploited the potential of waterway logistics.
Major logistics centers such as Hai Phong, Quang Ninh, Ho Chi Minh City, Cai Mep ‑ Thi Vai... are increasingly attracting foreign investors with projects developing deep‑water ports, logistics warehouses, and integrated logistics services. The Vietnamese government has also established a comprehensive strategy for planning the development of the seaport system and logistics services by 2030, with orientations toward 2050, prioritizing FDI in key projects.
Legal Policies Supporting FDI Investors in the Logistics Infrastructure Field
To facilitate FDI flows, Vietnam has continuously reformed investment procedures and built a legal framework that is clear and transparent. The 2020 Investment Law, the 2020 Enterprise Law, along with guiding decrees, have helped simplify licensing processes, while expanding many investment incentive sectors ‑ including port infrastructure and logistics.
Specifically, FDI investors undertaking projects in waterway logistics often receive incentives such as corporate income tax relief, exemption or reduction of land rent, preferential access to cleared land, and support for technical infrastructure connectivity. Moreover, seaport projects are identified as conditional investment sectors ‑ thus investors must understand requirements concerning ownership ratio, technical standards, and environmental criteria in order to avoid legal violations.
Legal Preparatory Steps When Investing FDI in Port Logistics in Vietnam
Investing in strategic infrastructure fields such as waterway logistics requires systematic and comprehensive legal preparation. Here are several recommendations that FDI investors need to note:
Identify the Suitable Investment Model
Depending on needs and strategy, investors can choose establishing a wholly foreign‑owned enterprise, forming a joint venture with Vietnamese partners, or acquiring shares in existing local enterprises. Each model has its advantages but also comes with different legal requirements about equity ratio, voting rights, and project control.
Conduct Legal Due Diligence on the Project and Land
For projects in seaport or waterway logistics, investors need to pay special attention to legal assessment of land and investment permits. Thorough due diligence helps avoid risks relating to land use rights, planning, disputes or violations of protection corridors for infrastructure.
Register Investment and Obtain project approvals
FDI investors are required to complete the procedure to obtain an Investment Registration Certificate from relevant competent authorities.
Drafting and Negotiating Related Contracts
If investing under joint venture or public‑private partnership (PPP) forms, drafting joint venture agreements, cooperation contracts, BOT contracts or land lease agreements is essential. Terms must clearly define rights, obligations, risk sharing mechanisms, and dispute resolution procedures.
Legal Compliance Monitoring Throughout Implementation
Compliance with law does not stop at the licensing stage but must be maintained continuously throughout the project life cycle. Investors should be accompanied by legal advisory units to ensure the project does not encounter violations in labor, tax, construction, environment, or fire safety during implementation.
Optimizing FDI Strategy in Logistics Through Deep Legal Support
Investing in port infrastructure and waterway logistics in Vietnam is not only an economic issue but also a long‑term strategy with high legal complexity. A misstep in the legal process can cause the entire project to stall or prolong the completion time.
With experience in foreign investment, DEDICA has been assisting many FDI investors successfully implement projects in Vietnam. We provide comprehensive legal advisory services, from strategic investment design, legal due diligence, to contract negotiation and legal compliance during project operation.
Investing FDI into port infrastructure and waterway logistics in Vietnam is a great opportunity but comes with substantial legal challenges. Grasping the trend, understanding regulations correctly, and having a reputable legal advisory partner will help investors enhance effectiveness and sustainability in their development strategy in Vietnam.
DEDICA Law Firm accompanies you through every step of your FDI journey, especially in infrastructure, logistics, and port sectors. With an experienced team of lawyers, we commit to delivering safe, effective, and optimal legal solutions for all your strategic projects.
Contact DEDICA Law Firm for deep legal consultation!
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