Consolidated Document No. 28/VBHN-BCT: Decree on Administrative Penalties for Competition Law Violations (Consolidating Decree 75/2019/ND-CP and 102/2026/ND-CP)
Consolidated Document No. 28/VBHN-BCT merges the original Decree 75/2019/ND-CP with the amendments introduced by Decree 102/2026/ND-CP (effective May 20, 2026), setting out the full administrative penalty framework for competition law violations in Vietnam. It applies to all businesses, including foreign-invested enterprises operating in Vietnam, industry associations, and related domestic and foreign organizations and individuals. Fine levels remain steep: up to 10% of relevant revenue for restrictive agreements and abuse of a dominant or monopoly market position; up to 5% of revenue for economic concentration violations such as prohibited mergers, consolidations, acquisitions, and joint ventures; and up to VND 2 billion for unfair competition acts including trade secret infringement, coercion of business partners, spreading false information about competitors, or predatory below-cost selling. Decree 102/2026/ND-CP adds a default rule setting the specific fine at the midpoint of the applicable range, introduces two new remedial measures (compelling full and truthful information disclosure, and compelling full compliance with economic-concentration approval conditions), and repeals several outdated supplementary penalty provisions. For SME owners and foreign investors, the key takeaway is that M&A deals, joint ventures, or cooperation agreements with same-industry partners can be classified as economic concentration or a restrictive agreement if not pre-notified to the National Competition Commission, with fines that can reach billions of dong. Businesses should review distribution agreements, exclusivity clauses, and any planned M&A activity to confirm compliance ahead of the May 20, 2026 effective date.
Resolution 109/NQ-CP: Updated Government Action Program Implementing the 14th Party Congress Resolution and Conclusion 18-KL/TW on 2026-2030 Socio-Economic Development
Resolution 109/NQ-CP, dated April 16, 2026, updates, supplements and replaces Resolution 41/NQ-CP (March 11, 2026), issuing the Government's Action Program to implement the 14th Party Congress Resolution and Central Conclusion 18-KL/TW (April 2, 2026) on the 2026-2030 five-year plan for socio-economic development, national finance, public debt borrowing and repayment, and medium-term public investment, tied to the 'double-digit' growth target. The Resolution takes effect from its signing date. For businesses and investors, three points stand out. First, on institutional reform: the Government commits to shifting decisively from 'pre-inspection' to 'post-inspection' oversight, cutting administrative procedures and business conditions to a minimum, and digitizing processes end to end, with a target of placing Vietnam's investment environment among ASEAN's top 3 and the world's top 30 by 2028. Second, on tax and budget policy: the Government sets out to build a modern, transparent, tax-neutral system that does not use tax policy to deliver social welfare goals; it also bars localities from granting tax exemptions, reductions or incentives beyond what current tax law allows, while giving the Government authority to proactively adjust taxes and fees in emergencies. FDI attraction policy will shift from tax-incentive-led approaches toward results-based incentives. Third, on capital markets: the plan pushes to grow the stock and corporate bond markets to reduce reliance on bank lending, and to expand foreign ownership limits in sectors that do not affect national security. This is a strategic policy document that serves as the basis for ministries, localities, and state corporations to draft their own detailed action programs (due by April 20, 2026); it is not itself a law or regulation with direct binding effect on businesses. Specific changes to taxes, fees, and administrative procedures will be implemented through separate legal instruments going forward.
VAT Guidance for Domestic Sales of Imported Pet Food and Animal Feed Raw Materials from South Korea
Ho Chi Minh City Tax Department responded to a query about VAT rates for domestic distribution and retail of pet food (HS 23091010) and animal feed raw materials (HS 2301.10.00) imported from South Korea. The question concerns whether these qualify as VAT-exempt "animal feed" under Clause 3, Article 5 of VAT Law No. 48/2024/QH15. However, the HCM Tax Department did not provide specific guidance, instead directing the business to submit a formal written request to their directly managing tax authority for case-specific guidance. The response did not clarify the applicable domestic sales VAT rate. Key point: import VAT (0% with C/O or 5% without C/O) and domestic sales VAT may differ, and the legal distinction between pet food and livestock feed under applicable law requires clarification.
Clarification on Authority to Set Fee and Charge Rates: Provincial People's Council vs. Provincial People's Committee under the Law on Fees and Charges
The Department for Tax, Fee and Charge Policy Management (Ministry of Finance) clarified the legal authority to set fee and charge rates at the provincial level. The question was whether the Provincial People's Council (PPC) could set a rate bracket and delegate authority to the Provincial People's Committee (Executive Committee) to determine the specific rate. The Ministry of Finance confirmed: under the Law on Fees and Charges and the State Budget Law, the authority to set fee and charge rates belongs to the Provincial People's Council, with no statutory delegation to the Provincial People's Committee. Accordingly, a PPC setting a bracket and delegating specific rate-setting to the executive committee is not compliant with the law. This is an important clarification for provincial authorities on fee management, affecting the legal validity of local fee-setting decisions.
Resolution 16/2026/NQ-CP: Mechanisms and Policies to Resolve Difficulties for Transitional Build-Transfer (BT) Investment Projects
On April 7, 2026, the Government issued Resolution 16/2026/NQ-CP setting out special mechanisms and policies to resolve difficulties for legacy Build-Transfer (BT) investment projects signed before the Law on Public-Private Partnership (PPP) Investment took effect, referred to as "transitional BT projects". The Resolution applies only to a fixed list of projects named in two appendices, covering Ministry of National Defense facilities and infrastructure works in a number of provinces including Bac Ninh, Ca Mau, Dak Lak and others. The core content sets out payment procedures for investors under several scenarios. Where the contract complied with the law at the time of signing, the competent authority continues paying via state budget funds or via land and public-asset swaps as originally agreed in the signed contract. Where contract terms were non-compliant due to a state-agency error, the two parties may agree to amend the contract and continue, provided the project is operating effectively and has caused no loss or corruption. Where continuation is not feasible, the contract is terminated early and the state pays the investor based on the construction value confirmed by the State Audit. The Resolution also addresses how to handle mismatches between the estimated and actual value of land used for payment, how to reimburse investors for site-clearance costs they advanced, and when land prices are determined for calculating land-related financial obligations. The Resolution takes effect from its signing date (April 7, 2026) through December 31, 2027, and assigns the Ministry of Finance and competent authorities (ministries, provincial People's Committees) to implement it and report periodically to the Prime Minister. Because its scope is limited to the specific list of BT projects in the appendices, this document does not directly affect most small and medium enterprises, accountants, or typical foreign investors - it mainly concerns large infrastructure investors with long-standing disputes with state agencies over previously signed BT contracts.
Decision 15/2026/QD-TTg: Management and Use of On-Lending Fees and Guarantee Fee Allocations at the Ministry of Finance for 2026-2030
Prime Minister Decision 15/2026/QD-TTg dated 6 April 2026 regulates the management and use of on-lending fees from ODA borrowings and the allocated portion of government guarantee fees collected by the Ministry of Finance for 2026-2030. The purpose is to apply these fees to support public debt management and international economic activities. On-lending fees and guarantee fees are allocated at specified ratios (40% into a particular fund), aimed at managing ODA borrowings at appropriate cost and risk levels while maintaining safe public debt indicators. This is an internal regulation governing the Ministry of Finance's financial operations in public debt management. The document does not directly affect the tax or financial obligations of SMEs.