Legal Updates

NEW GUIDANCE OF THE LAW ON HANDLING ADMINISTRATIVE VIOLATIONS

On 18 March 2025, the Government adopted and issued Decree No. 68/2025/ND-CP (“Decree 68”) amending Decree No. 118/2021/ND-CP dated 23 December 2021 (“Decree 118”) guiding the Law on Handling Administrative Violations. Decree 68 takes effect from 02 May 2025, introducing amendments, repealing several provisions of Decree 118 and replacing 9 attached forms.

27 Mar 2025

NEW REGULATIONS ON CROSS-BORDER ADVERTISING SERVICES

Many organisations and individuals in Vietnam use cross-border advertising services provided by various foreign providers such as Facebook, Google, Tik Tok. Decree 70 stipulates that entities engaging in those services must comply with cybersecurity and IP regulations, regulations on management, provision, and use of internet services, and pay tax.

30 Aug 2021

THE CORPORATE BONDS MARKET IN VIETNAM – RELEVANT LEGAL ISSUES

Corporate bonds have long been a valuable source of financing for businesses and a traditional investment asset for investors worldwide, mainly used real estate, securities, banking, and infrastructure development. In this update you can read about the type of bonds available in Vietnam, how bonds are offered and who can offer them.

30 Aug 2021

DRAFT DECREE GUIDING EXTENDED PRODUCER RESPONSIBILITY

The extended producers’ responsibility or ‘polluter pays principle’ is expected to impact manufacturers and importers active in Vietnam by imposing various financial and administrative burdens. It applies to both recyclable products and packaging and waste treatment. It likely will apply as of 1 January 2023.

30 Aug 2021

ADMINISTRATIVE VIOLATIONS INVOLVING CULTURAL AND ADVERTISING ACTIVITIES

Decree 38 provides a better scope defining to which entities it applies. It also introduces several more severe penalties for violations related to advertising for certain products, in particular drugs, cosmetics, medical equipment, fertiliser, or healthcare services. Additional penalties, such as revocation of a licence, are introduced as well.

31 May 2021

GDPR-LIKE DRAFT DECREE ON DATA PROTECTION INTRODUCED

The draft Decree on Personal Data Protection was recently circulated for public discussion. Many of the draft provisions are similar to those in the European GDPR, addressing matters such as cross-border data transfer and appointment of data protection officers. Fines for non-compliance can reach up to 5% of annual turnover.

26 Mar 2021

NEW DECREE GUIDING THE IMPLEMENTATION OF THE 2020 LAW ON ENTERPRISES

Decree contains guidelines on a coordinating mechanism for enterprise registration, cooperation related to registration of securities companies and fund management companies, concurrent registration of various points related to the enterprise such as the form or legal rep and additional regulations relating to legal status of enterprises are introduced.

25 Feb 2021

DRAFT DECREE: WILL PPP ATTRACT MORE INVESTMENTS?

The draft decree does address various points, however, there is still need for clarification with regard to for example the law governing PPP project contract, conditions related to equity transfer, disposal of collaterals, and restrictions on equity transfer as well as definition of policy enabling changes in developing a PPP project.

30 Jan 2021

DECREE 152 PROVIDES GUIDANCE ON EMPLOYING FOREIGNERS

Decree 152 provides guidance on employement of foreigners following the entering into force of the new labour code per 1 January 2021. There are some changes related to exemptions as well as the requirements to be qualified as an expert or technical worker.

30 Jan 2021

BUSINESS CONDITIONS ON TRANSPORTATION SERVICES REDEFINED

The long-awaited Decree 10 sets out several business conditions applicable to a transportation business by vehicles. These businesses include the app-based taxi services provided by Grab and Be. The discussion that has been going on for a long time on the type of services they provide has probably come to an end.

30 Mar 2020

FOCUS NEW LAW ON TAX ADMINISTRATION ON GOVERNANCE AND ENFORCEMENT

The law will also impact e-commerce activities of offshore entities; and introduces new definitions. Finally, legal reps need to be aware that they can be prevented from exiting Vietnam when the company has not paid due taxes. Please note that 6 months remain to take measures to remain compliant.

30 Jan 2020

2019 LAW ON SECURITIES EXPECTED TO DEVELOP VIETNAM’S SECURITIES MARKET

The 2019 Law on Securities for the first time ever mentions foreign investors' participation on the securities market. The law also amends and adds definitions, and separates the initial and additional public offering. Furthermore, the conditions for both public and non-public offerings will be tightened, and the maximum fine will be increased.

31 Dec 2019

EASIER TO SWITCH TO CORRECT VISA FOR FOREIGN INVESTORS AND JOB FINDERS

As of 1 July 2020 it will become easier to switch to a different type of visa for foreign investors and job-finders who entered the country on a tourist visa. There will also be more types of visa available for foreign investors and duration depends on investment but can be up to 10 years.