The law on the right to market entry – theory and practice in vietnam

MINISTRY OF EDUCATION MINISTRY OF JUSTICE AND TRAINING HANOI LAW UNIVERSITY NGUYEN NHU CHINH THE LAW ON THE RIGHT TO MARKET ENTRY – THEORY AND PRACTICE IN VIETNAM Major : Economic Law Code : 38 01 07 EXECUTIVE SUMMARY OF LAW DISSERTATION HA NOI – 2021 This dissertation is completed at: HANOI LAW UNIVERSITY Science Supervisors 1- Dr Le Dinh Vinh 2- Dr Tran Thi Bao Anh Refferee 1: Refferee 2: Refferee 3: The dissertation is defended in front of the Board of Doctoral Dissertation Review at the Hanoi Law University, at date…… month…… year You might found this dissertarion at: National Library Library of Hanoi Law University INTRODUCTION The necessity of the dissertation There is a need in any commodity economy to business freely In each specific historical period, the level of assurance and fulfillment of the need for freedom business is different This depends on many factors, in which the law plays an important and decisive role for ensuring the right to freedom of business In Vietnam, it was not until 1992 that "the right to freedom of business" was first recognized in the Constitution and continued to be reaffirmed in a broader direction in the 2013 Constitution: “Everyone has the right to business in industries that are not prohibited by law.” In order to have these provisions, the 6th National Congress of the Communist Party of Vietnam (November 1986) proposed a comprehensive reform path, focusing on economic innovation for industrialization and modernization of the country In order to start a business and exercise the right to freedom of business, all organizations and individuals must carry out certain legal procedures to enter the market The right to market entry, which is recognized by law is an element of the right to freedom of business The openness of market entry procedures in Vietnam, starting with the 1999 Enterprise Law, has contributed to the improvement of Vietnam's business environment on the international level However, besides the above positive changes, the right to market entry still contains many restrictions or "barriers" that make the realization of "the right to freedom of business" face many challenges Thus, the study of the role and relationship between the right to market entry in the general law on freedom of business, identifying the "barriers," and proposing solutions, contributing to the improvement of the business environment in Vietnam is essential Therefore, the author chose the topic: "Laws on the right to market entry - theory and practice in Vietnam" to research the doctoral dissertation of law Purposes and objectives of research 2.1 Research purposes The purpose of the dissertation was to systematize and deepen the theory of the right to market entry; research and assess the current legal status of Vietnam's market access rights; contribute to improve the law on market entry rights in Vietnam 2.2 Research objectives - Clarifying the theoretical issues of the law on the right to market entry - Analyzing and evaluating the current state of the law on market access rights in Vietnam - On the basis of the theoretical issues and the current situation of the law on the right to market entry, the dissertation proposes directions to improve the law on market access rights in Vietnam and improve the enforcement efficiency of the market access laws Object and scope of research 3.1 Research object The legal scientific views on the right to market entry, including the views of domestic and foreign scientists in published scientific works; current legal provisions in Vietnam and some regulations of some typical countries in the world on market access rights 3.2 Scope of research In terms of space, the dissertation studied Vietnamese law Certain international law provisions and laws of other countries were for reference and comparison only In terms of time, the dissertation studied the socio-economic and legal context of Vietnam from the enactment of the 2013 Constitution to October 2020 Some contents mentioned the period after Party Congress VI (1986) up to now In terms of content, the dissertation mainly studied the legal provisions on market access rights of domestic and foreign investors The dissertation also only studies economic organizations entering the market, operating for profit, specifically types of enterprises, not cooperatives, cooperatives unions and business households Methodology The dissertation was made on the basis of applying the dialectic materialism method, historical materialism of Marxist-Leninist Philosophy, Ho Chi Minh Thought and the views of the Party and the State on the right to market entry and ensuring freedom of business To clarify the issues for research, the dissertation not only applied the above-mentioned general methodology but also used specific research methods such as the method of document and data collection; method of analysis and syndissertation; legal comparative method… to approach and clarify the theoretical and practical issues of implementing legal provisions on the right to market entry under Vietnamese law Among the above methods, the systematic, analysis and comparative methods were used mainly and throughout most of the contents of the dissertation Research results and new contributions of the Dissertation First, the dissertation systematized and analyzed the theory of the right to market entry, which is a component of the freedom of business and economic rights Second, the dissertation analyzed the current legal provisions of the Vietnamese Constitution, Enterprise Law, Investment Law and other related legislations on the right to investment and business market entry It can be affirmed that the law on market access rights in Vietnam has developed dramatically; administrative procedures for enterprises to enter the business market are continuously being reformed to meet actual needs; the time to enter the market has been shortened… However, there are still institutional barriers that need reform Third, the dissertation analyzed the directions in improving the law on the right to market entry in Vietnam to ensure that this right is one of the fundamental rights of citizens, protected by the Constitution and specialized legislations And from such analysis, the dissertation proposed a number of solutions to improve the system and content of the law on the right to market entry Structure of the dissertation Apart from the introduction, the conclusion and the list of references, the dissertation is structured with the following main parts: Chapter Theoretical issues about the right to market entry and the law on market access rights Chapter Legal and enforment status the law on market access rights in Vietnam Chapter Requirements and solutions to improve the law and the effectiveness of law enforcement on market access rights in Vietnam OVERVIEW OF RESEARCH WORKS Overview of the research 1.1 Studies on the freedom of business - economic rights + “Business and Human Rights: A Principle and Value - Based Analysis,” Wesley Cragg, Published as Chapter Nine in The Oxford Handbook of Business Ethics, 2010 The research did not mention Vietnamese economic law but comprehensively mentioned the interaction between globalization and human rights The research results of the author greatly support the dissertation Specifically, the study shown that the law should have provisions to ensure the harmony the interests of business entities and the goal of human rights protection Hence, respecting the right to market entry is also respecting human rights in Vietnamese law + “Determinants of Economic Freedom Theory and Empirical Evidence,” Herbert Grubel, Fraser Institute, April 2015 A part of the research also explained specifically the problem posed by the dissertation, which is the relationship between the right to market entry and the conditions that limit this right Business conditions are both complementary to ensure free market access to business lines that not any organization or individual can carry out as well as to ensure freedom of competition However, if the business conditions are abused, it also limits the right to market entry Although it was research on Greece, the examples and proposals given are also suggestions for the dissertation + "Some issues of right to freedom of business in the current economic law in Vietnam" by Dr Bui Ngoc Cuong, National Political Publishing House, 2004 The author gived the concept of right to freedom of business in the subjective and objective sense, as well as the content of the right including: The right to guaranteed ownership of property; The right to market entry (business establishment, business choice, type of business); Freedom of contract; Freedom of competition and freedom to decide and settle disputes In his research, Dr Bui Ngoc Cuong agreed and proved that the right to freedom of business is one of the contents of human rights However, in these studies, the content of market access rights was not specifically researched, only placed in the overall right to freedom of business The dissertation continues to study more in-depth about market access rights 1.2 Studies on market entry procedures and related barriers + Lessons from Investment Policy Reform in Korea, Franỗoise Nicolas, Stephen Thomsen, Mi-Hyun Bang, OECD Working Papers on International Investment 2013/02 According to the Korean research study on market entry procedure for enterprises reform, Korea had set up a committee to control administrative procedures, as well as apply advanced information technology in market entry registration These were suggestions for the dissertation to offer a number of solutions that were consistent with international practices “Cutting Red Tape Administrative Simplification in Viet Nam: Supporting the Competitiveness of the Vietnamese Economy,” OECD, 2011 The report clearly identified the advantages and disadvantages of the business environment, and these can be the bases to help Vietnam build and revise the 2014 Enterprise Law + “Law Reform in Vietnam: The Uneven Legacy of Doi Moi,” Spencer Weber Waller, Loyola University Chicago & Lan Cao, Chapman University, International Law and Politics [Vol 29] The study was written in 1996, when the two authors, along with three colleagues, came to Vietnam at the invitation of the Vietnamese Ministry of Education Therefore, the above study partly showed the economic - legal thinking reform in Vietnam in the early stage when it recognized private economy, market economy and freedom of business The study, however, did not research future developments and reforms of the Vietnamese legal system in general to promote the market economy as well as the right to market entry + "Current law on business registration in Vietnam," Doctoral dissertation of Law by Nguyen Thi Thu Thuy, Academy of Social Sciences, 2016 Dr Nguyen Thi Thu Thuy deeply analyzed the concept, characteristics and meaning of business registration; the conditions for business registration; factors that influence and govern business registration However, the dissertation only mentioned the administrative procedures for market entry and not the contents of market access rights as well as the legal guarantees to implement the market access rights, business establishment in practice + "The bottleneck of economic institutions: Licenses and business conditions - abolition and new approach" by Huy Duc and Nguyen Quang Dong, Institute for Policy Research and Communication Development, June 2017 In this policy discussion, the authors said that in order to completely solve the problem of 'sub-licenses', the Government needs to implement a comprehensive and systematic reform of administrative regulations (Regulatory reform) The work proposed reductions of administrative procedures in general, such as the reduction of business conditions, licenses…, which were the suggestions on administrative procedure reform in market registration for this dissertation + "Enforcing regulations on prohibited business lines and conditional business lines under the 2014 Law on Investment," Dr Nguyen Thi Dung, Jurisprudence Journal 8/2016 The author concluded that the new points of conditional business investment industries and occupations under the provisions of the 2014 Investment Law were: The list of these industries and occupations was specified in a legislative document, thus, law enforcement agencies could not optionally add more conditional industries or trades; The 2014 Investment Law also specified the authority to promulgate business conditions as well as set targets to ensure publicity, transparency and objectivity when issuing business conditions Evaluation of related researches 2.1 Overall assessment of the research Firstly, the researches all agreed that: the role of institutional reform and recognition of market economy rules had a great influence on the investment, business environment and the right to freedom of business Secondly, the researches all acknowledged that the law on right to freedom of business, including market access rights, was implemented in most countries regardless of the differences in political, economic, cultural and society Thirdly, a number of researches did mention market access rights but only considered the rights of business entities in: Selecting business type, business model, business lines, place of business, entering the market, withdrawing from the market … and had not synthesized, summarized, or generalized about the right to market entry 11 Fourthly, the theory of democracy and responsibility in a market economy in which State power is limited by the spirit of the rule of law 3.2 Research questions, research hypotheses, expected research results Research question 1: What does the right to market entry mean? Research question 2: Why must Vietnamese laws specify the right to market entry? Research question 3: Does the current Vietnamese law on the right to market entry respect the nature of the market economy, freedom of business and could it meet the practical needs and the requirements about the compatibility of the general economic legislation system? Research question 4: What does the State need to to improve the law in order to ensure the implementation of the right to market entry in Vietnam? CONCLUSION OF THE OVERVIEW 12 CHAPTER THEORETICAL ISSUES OF THE RIGHT TO MARKET ENTRY AND THE LAW ON MARKET ACCESS RIGHTS 1.1 Theoretical issues of the right to market entry 1.1.1 The basis of the right to market entry 1.1.1.1 Human economic right From the perspective of an objective philosophy, freedom in general and the right to market entry in particular are objective, indispensable natural human rights The right to market entry and doing business are aimed at improving living conditions, which is a natural right and still exists in the Law of Nature regardless of whether or not the Law has recognized it 1.1.1.2 Freedom of business Freedom of business is an integral part of an individual's rights It is inevitable and is a human self-value that is recognized and guaranteed by the State The division of freedom of business into separate rights groups is only relative Based on the analysis of the authors presented above, the dissertation approached freedom of business under the following three groups of rights: right to market entry, freedom of contract, and freedom to resolve business disputes with the focus on right to market entry 1.1.1.3 The principles of the market economy Market economies can be practical, but they are also based on the basic principles of individual freedom On the basis of such free market economy, arising the need for creating a commercial law industry in general and regulations to ensure freedom of business, including the right to market entry in particular 1.1.2 Concept and characterization of market entry rights 13 1.1.2.1 Market entry In the research scope of the dissertation, market entry was understood as the process of individuals and organizations carrying out the necessary procedures to become business entities, and at the same time satisfying other legal conditions to conduct actual business on the market 1.1.2.2 The concept of the right to market entry The right to market entry can be understood as the ability to purposefully act of individuals, organizations participating in the market to become business entities, at the same time meeting the legal conditions to conduct actual business on the market The right to market entry exists objectively and is the inevitable needs of people even when the law does not recognize it However, if the right to market entry is protected by law, it will promote efficiency, freedom of creativity and economic development 1.1.2.3 Features of the right to market entry Firstly, the right to market entry exists inevitably in the socio-economy regardless of the will of the state Secondly, the right to market entry is one of the basic contents that constitute the right to freedom of business Thirdly, the right to market entry must be within the limits of the public order Fourthly, the right to market entry is only real if recognized by law with legal guarantees 1.1.3 The role of market access rights in Vietnam 1.1.3.1 For business entities Entering the market is the basis for business entities to be legally allowed to conduct business activities, especially in conditional fields 1.1.3.2 For economy 14 Entering the market facilitates the development of business ideas (innovation, competition, creativity, ) and leads to economic growth 1.1.3.3 For society Freedom to participate in the business market contributes to social development: When the economy develops, accompanied with expanded trade policies and thoroughly invested infrastructure for that development, it will increase the level of social development 1.2 The legal issues about the right to market entry 1.2.1 The legal concept of the right to market entry The law on the right to market entry is the sum of laws promulgated or recognized by the State, specifying the content of the right to market entry, legal procedures and measures to such right so that business entities can enjoy, exercise and protect their right to enter the market 1.2.2 Basic contents of the law on the right to market entry 1.2.2.1 Provisions on the content of the right to market entry First, the right to choose the right business model to enter the market Second, the right to choose the field, the business line and the conditions to meet when entering a particular industry or business field Third, the right to decide the business size, business location and business name 1.2.2.2 Provisions on entities’ conditions, market entry registration procedures First, on the conditions for the entities to exercise their right to enter the market Second, on market entry procedures 1.2.2.3 Regulations on security measures, sanctions for violations of the law on market access rights 15 1.2.3 The process of formulation of the law on the right to market entry in Vietnam 1.2.4 Factors influencing the legislations on market access rights in Vietnam 1.3 Laws on market access rights of some countries and lessons for Vietnam CONCLUSION OF CHAPTER CHAPTER THE STATUS AND PRACTICAL ENFORCEMENT OF LAW ON MARKET ACCESS RIGHTS IN VIET NAM 2.1 The status of Vietnamese law on market access rights 2.1.1 Provisions on the content of the right to market entry 2.1.1.1 The right to choose the business model to enter the market The right to market entry can only be exercised when the law recognizes various types of business models, with different legal characteristics for investors to choose Currently, the 2020 Enterprise Law recognizes the following enterprise models: sole proprietorship, single member limited liability companies, limited liability companies with two or more members, joint stock companies and partnership A new and positive point of the 2014 and 2020 Enterprise is the recognition of social enterprises in addition to enterprises providing public products and services The Vietnamese Enterprise Law and Investment Law have similarities with the laws of other countries when regulating types of enterprises, creating conditions for business entities to exercise the right to choose business 16 models to enter the market However, there are still some limitations regulations for sole proprietorships and partnerships 2.1.1.2 The right to choose the business sector, line of business and the conditions to meet when entering a particular industry or field Right to choose the business lines and industries The 2014 and 2020 Enterprise Law stipulates that enterprises "is to business in industries and trades that are not prohibited by law." Article of the 2020 Investment Law provides the list of specific prohibited business lines Along with the regulation of banned industries and trades, the 2014 and now 2020 Investment Law also stipulates the criteria for determining conditional industries and occupations Regulations on market entry conditions in conditional sectors and fields Provisions on business investment conditions Currently, Clause 6, Article of the 2020 Investment Law has legalized the forms of investment and business conditions, which are: License; Certificate; Certification; Written confirmation, approval; Other requirements that must be met before making a business investment without written confirmation from the competent authority Market access conditions for foreign investors Some reviews Firstly, there were fundamental innovations in determining the authority to issue documents specifying business conditions for conditional business lines Secondly, the systematization of conditional sectors, occupations and the decline of the number of business conditions over time Thirdly, transparency in investment procedures of foreign investors 17 Fourthly, inconsistency between the Investment Law and the Enterprise Law on specific terms related to investment, business fields and industries 2.1.1.3 The right to decide on the business scale, business location and business name The current corporate law does not obstruct the right of individuals and organizations to contribute capital to and has designed regulations to ensure the right to contribute capital to business as well as the right to choose the location, name of the enterprise… are exercised transparently 2.1.2 Provisions on entities’ conditions, market entry registration procedures 2.1.2.1 Regulations on conditions of entities entering the market Entities with the right to establish an enterprise are organizations and individuals whose right to establish an enterprise are recognized by law 2.1.2.2 Regulations on procedures for market entry registration Enterprise market entry registration is an administrative procedure, carried out by founding individuals and organizations of the enterprise and is consisted of enterprise registration (business registration) and procedures for obtaining all kinds of permits as well as other necessary legal conditions for starting a business 2.1.2.3 Some reviews Firstly, there was a change in the approach on market entry procedures Secondly, the online enterprise registration system has supported organizations and individuals in saving time and money for submitting dossiers and receiving results Thirdly, there are differences and fragmentations in business registration procedures between the Enterprise Law and some other specialized laws 18 Fourthly, the regulations on meeting business conditions are not transparent enough, creating barriers to market entry, and limiting the right to freedom of business 2.1.3 Regulations on guarantee measures, sanctions for violations of the law on market access rights 2.2 Law enforcement practices on market access rights in Vietnam 2.2.1 Practical enforcement of the content of market access rights in Vietnam Some comments First, the criteria for identifying conditional business lines are not clear Second, the classification of business investment industries by group to manage is not accurate Third, the listing of conditional investment industries and businesses does not make managing business conditions better Fourth, there is an element of "group interests" in the promulgation of regulations on business conditions 2.2.2 Practical implementation of market entry registration procedures According to data from the National Business Registration Database (the Ministry of Planning and Investment), as of 31 December 2019, the whole country had 758,610 active enterprises, which was an 6.1% increase comparing to 2018 In 2019, the whole country had 138,139 newly established enterprises, an increase of 5.2% compared to 2018 The total registered capital of newly established enterprises in 2019 reached 1.73 million VND, an increase of 17.1% compared to 2018 19 The total additional registered capital to the economy in the first 10 months of 2020 is VND 3,892,036 billion (an increase of 17.0% compared to the same period in 2019), including: the registered capital of newly established enterprises was VND 1,594,083 billion (an increase of 11.1% compared to the same period in 2019) and the additional registered capital of enterprises was VND 2,297,953 billion (an increase of 21.4% compared to the same period in 2019) with 32,623 enterprises registered to increase capital The registered addition capital has shown the confidence of active enterprises about the economic recovery after the pandemic 2.2.2.2 Mechanism for coordination, connection and information exchange among state management agencies in settling enterprises' market entry registration procedures For real production and business activities, the total time for the process of entering the market and starting a business in Vietnam consists of 08 steps over16 days 2.2.3 Practical implementation of guarantee measures and sanctions for violations of the law on market access rights The right to freedom of business in general and the right to market entry in particular have been concretized by the Constitution, laws on commercial business, as well as the reform of administrative procedures and the removal of barriers to market entry It is very difficult for business entities to use the administrative lawsuit mechanism for the violation of administrative procedures by the business registration agency If they can file a lawsuit, their future activities will certainly involve the business registration office as well as other state agencies, which will cause difficulties during the operation CONCLUSION OF CHAPTER 20 CHAPTER REQUIREMENTS AND SOLUTIONS TO IMPROVE THE LAW AND ENHANCE THE EFFICIENCY OF LAW IMPLEMENTATION ON MARKET ENTRY IN VIETNAM 3.1 Improving the law on market access rights in Vietnam 3.1.1 Improving the law on market access rights must follow the guidelines of the Party and State of Vietnam as well as the market economy institution 3.1.2 Improving law on market access rights in line must be compatible with the market economy conditions in Vietnam 3.1.3 Improving the law on market access rights to save entry costs as well as to ensure effective State management for enterprises 3.1.4 Improving the law on market access rights to meet international integration requirements 3.2 Directions of improving the law on market access rights in Vietnam In order to thoroughly improve the law on market access rights and to enhance the efficiency of law enforcement on market entry, it is necessary to orient the implementation of administrative business regulations reform in general and the right to market entry in particular to ensure a clear corridor to implement the law on market access rights 3.3 Solutions to improving the law and enhance the efficiency of law enforcement on market access rights in Vietnam 3.3.1 Solution to improve the law on market access rights in Vietnam 3.3.1.1 Amend and supplement provisions of the Enterprise Law 21 First, remove regulations related to the group of officials, civil servants and public employees who are not allowed to business in the fields that they were previously responsible for management after resigning from their positions for a certain period of time at Point e, Clause 2, Article 17 2020 Enterprise Law Second, regulations on the enterprise concept Third, about Sole proprietorship For the current sole proprietorship model, Vietnamese law must collide the law of other countries, which means considering an individual's business investment behavior as small and not as an enterprise Fourth, add more company models, create favorable conditions for individuals and organizations to exercise their right to choose business models 3.3.1.2 Amend and supplement regulations on business investment conditions First, redefine the criteria of conditional business lines The factors for the determination of whether State intervention in the market is necessary include: - Business fields that can affect the community safety - Business fields in which the product may affect the health of the user - Business fields that use and exploit common resources - Fields that may affect the safety of the entire economic system Second, reviewing and cutting down conditional industries and trades the Investment Law appendix Although the 2020 Investment Law has just been issued with the revision of the list of conditional industries and trades based on the practical implementation of the 2014 Investment Law, due to the practical 22 implementation of business conditions under the 2014 Investment Law and the analysis of 227 conditional industries and trades, issued by the 2020 Investment Law, the author recommended cutting down on the following occupations: (i) Reducing a number of industries and occupations that have no significant impact on public interests, national security, national defense, social order, safety, social ethics and community health: Commercial Inspection (Section 40); Printing services, except for package printing (Section 121); Temporary import and re-export of frozen food products (Section 53); Car warranty and maintenance services (Section 72); Art performance, fashion show, beauty and model competition services (Section 198) (ii) Reducing industries and occupations that can be managed by other forms instead of business conditions: condominium operation and management services (Section 113); Cremation facility management and operation services (Section 114); Trading in slaughtering cattle and poultry (Section 168); Film production, distribution and dissemination services (Section 192); Trading in camouflage equipment and software used for recording and positioning (Section 4) Third, thoroughly perform regulatory impact assessment (RIA) before enacting a new law 3.3.1.3 Promulgating a guiding decree for the implementation of the 2020 Investment Law on the list of prohibited, restricted industries and trades for foreign investors The Government should issue a Decree which includes a list of industries, trades and market access conditions for foreign investors when the 2020 Investment Law takes effect 23 3.3.1.4 Amending and supplementing regulations on enterprise registration procedures First, amend the 2020 Enterprise Law regulations on enterprise registration procedures Second, build a more modern online business registration system, integrating many automated procedures 3.3.2 Solutions to enhance the efficiency of law enforcement on market access rights in Vietnam 3.3.2.1 Applying the theory of economics - law in building the law on market access rights 3.3.2.2 Strengthen the dissemination and education of the law on market access rights in Vietnam 3.3.2.3 Improve the performance of competent authorities in the implementation of the market access law 3.3.2.4 Building an information monitoring system to control the enforcement of the law on market access 3.3.2.5 Amplifying the Vietnamese spirit, business culture, thereby promoting the need to enter the business market CONCLUSION OF CHAPTER 24 CONCLUSION Under the legal perspective, the right to market entry can be understood as the ability to purposefully act of individuals, organizations participating in the market to become business entities, and at the same time meeting the legal conditions to conduct real business on the market The law on the right to market entry is the sum of laws promulgated or recognized by the State, specifying the content of the right to enter the market, legal procedures and measures to ensure the right to enter the market and is intended to enable business entities to enjoy, exercise and protect their right to enter the market The legal content of the right to market entry includes the rights of entities to choose different fields, industries, and types of business when entering the market; legal process and procedures for entities to register to enter the market, and measures to ensure the implementation of the right to market entry and sanctions against violations of the law on market access rights In addition to these advantages, the Vietnamese legal system on the right to market entry still has shortcomings and limitations that need to be resolved, such as: Regulations on types of enterprises for investors to choose from are still incomplete; regulations on market entry process and procedures are still cumbersome; regulations on market entry conditions, particularly business conditions are not transparent and difficult to meet… The implementation of the law on the right to market entry shows that in order to exercise the rights, business entities still face difficulties in compliance with regulations, even unofficial costs related to entering the market For the right to market entry to be implemented in practice, the completion of policies and laws in a consistent and synchronous manner together with the implementation of solutions to improve the effectiveness of 25 law enforcement is urgent However, even if there is a complete, transparent and objective legal system, but in practice, the concerned agencies and organizations not perform their responsibilities, the business entities will not be able to fully enjoy, implement and protect their market access rights Therefore, the improvement of the law and raising awareness of officials and civil servants is an important, regular and continuously issue It is also the basis for the right to market entry to be implemented in practice and to contribute to the socio-economic development of the country LIST OF PUBLISHED RESEARCH WORKS RELATED TO THE DISSERTATION NAME JOURNAL Improving the market entry Jurisprudence registration procedures for Journal Vietnamese NO/YEAR PAGE 10/2019 17 - 30 10/2020 15 – enterprises from the experience of Korea Controling the business Democracy and investment conditions of the conditional business investment fields trades in Vietnam and Law Journal 20 ... participating in the market to become business entities, and at the same time meeting the legal conditions to conduct real business on the market The law on the right to market entry is the sum of laws... the market 1.2.2 Basic contents of the law on the right to market entry 1.2.2.1 Provisions on the content of the right to market entry First, the right to choose the right business model to enter... the law in order to ensure the implementation of the right to market entry in Vietnam? CONCLUSION OF THE OVERVIEW 12 CHAPTER THEORETICAL ISSUES OF THE RIGHT TO MARKET ENTRY AND THE LAW ON MARKET