Consolidated Document 44/VBHN-NHNN: Safety Limits and Ratios for Banks and Foreign Bank Branches (updated through Circular 08/2026/TT-NHNN)
This is Consolidated Document No. 44/VBHN-NHNN, combining Circular 22/2019/TT-NHNN (which sets the safety limits and ratios banks and foreign bank branches must maintain) with four rounds of amendments, the latest being Circular 08/2026/TT-NHNN, effective 15 May 2026. It applies to state-owned commercial banks, cooperative banks, joint-stock commercial banks, joint-venture banks, 100%-foreign-owned banks, and foreign bank branches operating in Vietnam. The core prudential ratios are: a minimum Capital Adequacy Ratio (CAR) of 9% (both standalone and consolidated); credit-concentration caps of 5% of charter capital (or allocated capital) each for credit extended to invest in corporate bonds and credit extended to invest in shares, only permitted when the bank's non-performing loan ratio is below 3%; a minimum liquid reserve ratio of 10%; a 30-day liquidity coverage ratio (minimum 50% for VND when net outflow is positive; minimum 10% FX for commercial banks and 5% for foreign bank branches and cooperative banks); and a maximum loan-to-deposit ratio (LDR) of 85%. The notable update is that Circular 08/2026/TT-NHNN revised how «total deposits» are counted for the 85% LDR cap, excluding escrow deposits, deposits for designated purposes, State Treasury demand deposits, and 80% of State Treasury term deposits. This does not create a direct compliance obligation for non-bank businesses, but it changes how much lending room banks have, which can indirectly affect credit availability for SMEs and foreign-invested companies that borrow from Vietnamese banks or foreign bank branches.
Decree 153/2026/ND-CP: Redrawing Customs Operational Zones and Border Anti-Smuggling Coordination Duties
On May 14, 2026, the Government issued Decree No. 153/2026/ND-CP, amending Decree No. 01/2015/ND-CP (as previously amended by Decree No. 12/2018/ND-CP) on the specific scope of customs operational zones and the coordination responsibilities for combating smuggling and illegal cross-border transport of goods. The decree is largely technical and administrative in nature: it redefines the precise boundaries (coordinates and area) of customs operational zones at road border checkpoints, customs clearance points, dedicated cargo-transport roads, inland waterway checkpoints, and rail checkpoints. It also updates the list of premises subject to customs supervision and control (warehouses, export-processing enterprise premises, industrial zones, economic zones, free trade zones, international financial centers, etc.) and clarifies the customs authority's lead role in combating smuggling within its operational zones, including the power to apply patrol, investigation, and verification measures and to coordinate tasks with other agencies. The entire old boundary-coordinate appendix (issued with Decree 12/2018/ND-CP) is replaced with a new appendix that specifies detailed boundaries for dozens of checkpoints across 22 border provinces and cities, including Quang Ninh, Lang Son, Cao Bang, Tuyen Quang, Lao Cai, Lai Chau, Dien Bien, Son La, Thanh Hoa, Nghe An, Ha Tinh, Quang Tri, Hue, Da Nang, Quang Ngai, Lam Dong, Gia Lai, Dak Lak, Dong Nai, Tay Ninh, Dong Thap, and An Giang. Import-export businesses, logistics operators, bonded warehouses, and other entities operating at land border checkpoints should check the new boundary appendix to confirm the exact zone subject to customs inspection and supervision, to avoid complications during customs clearance or post-clearance audits. The decree takes effect on July 5, 2026.
CIT Incentives for New Investment Projects: Investment Project Implementation Report Requirements under Decree 320/2025/ND-CP
The Phu Tho Tax Department provides guidance on conditions for CIT incentives for new investment projects under Article 23 of Decree 320/2025/ND-CP. Under the new rules, for projects not required to obtain an Investment Registration Certificate or investment policy approval, enterprises must submit an Investment Project Implementation Report to the investment registration authority to confirm new investment project status. For enterprises that had been applying CIT incentives as new investment projects before Decree 320/2025/ND-CP took effect - when no such report was required - the tax authority advises them to contact the State Treasury and investment registration authority directly to obtain specific guidance and submit supplementary documents. Enterprises should note that claiming CIT incentives as a new investment project now requires clearer written evidence, including an Investment Project Implementation Report submitted to the competent authority.
Ministry of Finance Q&A: Detailed vs Lump-Sum Budget Submission to State Treasury
The Ministry of Finance clarified that two older circulars (Circular 161/2012/TT-BTC and Circular 39/2016/TT-BTC) have expired. The applicable legal framework for State Treasury expenditure control now rests on: clause 4, Article 58 of the State Budget Law No. 89/2025/QH15; Decree 347/2025/ND-CP on State Treasury administrative procedures; and Decree 73/2026/ND-CP implementing the State Budget Law. Under current rules, the State Treasury processes payments only when expenditures appear in the approved budget allocation. Budget allocations to spending units must be detailed by sector and expenditure task. For autonomous-budget units, Decree 75/2026/ND-CP requires the primary budget unit to allocate budgets in two distinct parts (autonomous and non-autonomous), with detailed supporting notes submitted to the finance authority and the State Treasury. Practical implication: the initial submission package to the State Treasury must include a detailed budget breakdown, not just a lump-sum total, since the Treasury checks each expenditure item against the approved detailed budget.
Ministry of Finance Q&A: Accounting for Pre-accrued Major Fixed Asset Repair Costs under Circular 99/2025/TT-BTC
The Department of Accounting and Auditing Management and Supervision (Ministry of Finance) clarified that Circular 99/2025/TT-BTC on enterprise accounting standards, effective from 1 January 2026, governs fiscal years starting on or after that date. For enterprises that had been pre-accruing major fixed asset repair costs but had not yet performed the repairs when the Circular came into force: enterprises must stop further pre-accrual. When the actual repair is subsequently carried out, the enterprise offsets actual repair costs against the pre-accrued amount. Any difference between the pre-accrued amount and actual costs is allocated gradually to production and business expenses over future periods. There is no mandatory retrospective restatement of previously accrued amounts. This is important guidance for enterprises with significant fixed assets (factories, heavy equipment) that have been using the pre-accrual method for major repairs.
Consolidated Document No. 11/VBHN-BTC: SSC Compliance Supervision of the Vietnam Stock Exchange and VSDC
Consolidated Document No. 11/VBHN-BTC merges Circular No. 06/2022/TT-BTC (effective March 24, 2022) with the amendments introduced by Circular No. 138/2025/TT-BTC dated December 30, 2025 (effective March 1, 2026) from the Ministry of Finance. It sets out how the State Securities Commission (SSC) supervises compliance by the Vietnam Stock Exchange (VNX, covering HOSE and HNX) and the Vietnam Securities Depository and Clearing Corporation (VSDC), along with their subsidiaries, with securities laws. The circular defines the SSC's powers, approving VNX's and VSDC's internal operating regulations, suspending or annulling non-compliant decisions, planning periodic and ad-hoc inspections, and handling violations directly or referring them to the competent authority. It also sets the reporting, explanation, and record-keeping obligations of VNX, HOSE, HNX, and VSDC. Supervision covers the issuance of internal rules, organizing and operating the trading market, member management, approving listings and trading registration, disclosure by listed and registered companies, major shareholders and insiders, securities auctions, and mediation services. The key change under Circular 138/2025/TT-BTC is extending the supervision scope to VNX's and VSDC's subsidiaries, updating the legal basis to reflect the 2024 amended Securities Law and the Ministry of Finance's revised organizational structure, and replacing the periodic reporting templates (appendices) used by HOSE, HNX, and VSDC. This is a technical, internal regulation governing the relationship between the state regulator and market infrastructure operators (VNX, HOSE, HNX, VSDC). It does not create new direct compliance obligations for SMEs, household businesses, or individuals. Listed and public companies are only indirectly affected through the existing disclosure-supervision framework.
Consolidated Document No. 12/VBHN-BTC: Roadmap for Reorganizing Stock, Bond, and Derivatives Trading Markets
Consolidated Document No. 12/VBHN-BTC, issued by the Ministry of Finance on April 22, 2026, merges Circular No. 57/2021/TT-BTC with its two amending circulars (No. 69/2023/TT-BTC and No. 139/2025/TT-BTC) into a single reference text. It does not replace the three original circulars; it only sets out the roadmap for reorganizing the stock, bond, and derivatives trading markets between the Hanoi Stock Exchange (HNX) and the Ho Chi Minh City Stock Exchange (HOSE). Under the roadmap, by no later than December 31, 2026, HOSE will consolidate all stock trading (both listed shares and shares registered for trading), taking over shares currently listed or registered for trading at HNX. In turn, HNX will hand off its stock trading business to HOSE and focus on organizing the bond market (government bonds, listed corporate bonds, and privately placed corporate bonds) along with the derivatives trading market. The document also sets minimum charter capital thresholds for new listing applications at each exchange during the transition period (VND 120 billion at HOSE, VND 30 billion at HNX before July 1, 2025) and explains how pending listing or trading-registration applications are handled when a company's shares move between exchanges. The entities directly affected are the Vietnam Stock Exchange, HNX, HOSE, and public companies, listed organizations, and organizations registered for trading. Small and medium enterprises that are not listed or registered for trading on either exchange are generally not directly affected by this reorganization roadmap.
Decree 161/2026/ND-CP: Base Salary Raised to VND 2,530,000/month from 1 July 2026 and Bonus Regime
Decree 161/2026/ND-CP dated 15 May 2026 sets the new base salary for civil servants, public employees, and the armed forces at VND 2,530,000/month effective from 1 July 2026. The base salary is the reference point for salary tables, allowances, mandatory social contributions, activity fees, and subsistence allowances. The decree also establishes a bonus regime: the annual bonus fund equals 10% of total wage fund (excluding allowances) based on position, grade, and rank. Bonuses are awarded for exceptional performance and annual performance ratings, governed by each agency's internally issued bonus regulations. This is important information for understanding the social insurance contribution base that flows from changes to the government-sector wage structure, relevant to public service units and labour cost planning.
Decree 162/2026/ND-CP: 8% Increase in Pensions and Social Insurance Benefits from 1 July 2026
Decree 162/2026/ND-CP dated 15 May 2026 mandates an 8% increase in pensions, social insurance benefits, and monthly allowances for all recipients as of before 1 July 2026. This applies to civil servants, workers, military personnel, police, and various other categories currently receiving monthly pensions or allowances. For those who retired before 1 January 1995 whose pension, after the 8% increase, remains below VND 3,800,000/month, additional adjustments apply: a top-up of VND 300,000/person/month (if their amount is at or below VND 3,500,000) or an adjustment up to VND 3,800,000/person/month (if their amount falls between VND 3,500,000 and VND 3,800,000). This is relevant to SMEs as changes to pension benefit levels inform the social insurance contribution base adjustments that ripple through to active employees in subsequent adjustment cycles.
Deductible Business Expenses for Individual Household Transport Businesses under PIT
The Hanoi Tax Department provided guidance to a household transport business with annual revenue exceeding VND 3 billion (subject to PIT on revenue under Circular 18/2026/TT-BTC) on deductible expenses. Vehicle depreciation, fuel costs, and bank loan interest for purchasing the business vehicle are all recognized as reasonable expenses if adequately documented. Invoices issued in the individual owner's name (Nguyen Van A) are accepted because the household business name 'Ho Kinh Doanh Nguyen Van A' identifies the same legal person. Bank loan contracts under the individual's name are accepted provided the loan purpose is clearly for business use with supporting evidence. Required documentation includes: vehicle purchase invoice, depreciation schedule, fuel receipts, loan contract, and bank statements.
Mandatory Social Insurance for Freelance Tour Guides: Eligibility Guidance
Hanoi Social Insurance Agency responded to One More Destination Tourism Co., Ltd. on mandatory social insurance (SI) obligations for freelance Spanish-language tour guides engaged per tour. Under Article 2(1)(a) of the SI Law No. 41/2024/QH15, mandatory SI applies to workers under labor contracts - including contracts named otherwise - if they contain paid-work and management/supervision elements. However, under Article 33(5) of the SI Law, workers who receive wages for fewer than 14 working days in a month are not required to contribute SI for that month (unless otherwise agreed). Hanoi SI requires the company to coordinate with the Tay Ho district SI office (unit code TC0839C) to verify eligibility based on actual employment documentation.
CIT Taxable Revenue for Foreign Contractors under Circular 20/2026/TT-BTC
The Ministry of Finance provided guidance on determining the CIT taxable revenue for withholding tax on behalf of foreign contractors under Circular 20/2026/TT-BTC, effective 12 March 2026 and applicable from the 2025 tax year. Under Article 8(1) of Decree 320/2025/ND-CP, CIT revenue includes all amounts received regardless of collection timing. For VAT credit-method taxpayers, CIT revenue excludes VAT; for direct-method taxpayers, CIT revenue includes VAT. For foreign contractors subject to the direct-rate CIT method, where the contract price already includes CIT but excludes Vietnamese VAT, the CIT taxable revenue equals the contract price (VAT is not added on top). The CIT taxable revenue does not include the VAT payable.
Decree 152/2026/ND-CP Details Implementation of the Civil Judgment Enforcement Law
Decree 152/2026/ND-CP, issued on 13 May 2026, provides detailed guidance for the new Civil Judgment Enforcement Law No. 106/2025/QH15. It sets out core enforcement procedures: representation of litigants, how to determine an emergency, an objective obstacle, or a force majeure event that excuses a late enforcement request, the national civil-enforcement database and digital platform linked to VNeID and the National Public Service Portal, how enforcement decisions are issued both ex officio and on request, limitation periods for filing requests, replacement of enforcement officers, settlement agreements between parties, the various notification methods covering digital, in person, public posting, mass media, and notice to persons abroad, and verification of a debtor's ability to pay. For businesses and SME owners there are four practical points. First, notifications are shifting heavily to the digital environment via the VNeID app, so companies and individuals involved in enforcement cases need to monitor VNeID closely to avoid missing deadlines. Second, the decree spells out the documentation needed to enforce arbitral awards, including foreign arbitral awards, which matters for businesses and foreign investors seeking to collect on commercial awards. Third, interim measures tied to labor disputes, such as suspending a dismissal decision or ordering an employer to advance wages, compensation, or workplace-accident benefits to an employee, are addressed in the rules on inter-province delegation of enforcement. Fourth, certain state-budget receivables, such as recovered tax arrears or compensation owed to state-owned enterprises, fall into the category the enforcement agency initiates on its own without waiting for a request. Overall this is a procedural decree aimed at enforcement agencies and enforcement officers. Its effect on businesses is mostly indirect, arising when a company is a judgment debtor, a judgment creditor, or a party to a dispute resolved through arbitration or the courts.
Decision 844/QD-TTg: Action Plan for Universal Health Insurance Coverage in the New Phase
On 13 May 2026, the Prime Minister issued Decision No. 844/QD-TTg approving an Action Plan to implement Directive No. 52-CT/TW of the Secretariat on achieving universal health insurance (BHYT) coverage in the new phase. The plan targets health insurance coverage of over 95.5% of the population by 2026, and full universal coverage by 2030, assigning 29 specific tasks to the Ministry of Health, Ministry of Finance, provincial People's Committees, and other agencies. For businesses and payroll or accounting staff, the most relevant point is the plan's direction to gradually increase health insurance premium contribution rates from 2027, in step with an expanded scope of benefits. The Ministry of Health is tasked with drafting a Decree to formalize this rate increase, targeted for completion by March 2027. Because BHYT premiums are a mandatory contribution split between employees and employers, this future Decree will directly affect payroll and benefits costs once issued. The plan also pushes digital transformation of online premium collection and AI-assisted review of health insurance claims, which may eventually affect how businesses handle premium payments and health-cost reconciliation for their workforce. Importantly, this Decision itself does not set any new contribution rate or specific figure - it is a policy roadmap. Concrete rates, benefit levels, and procedures will be issued later through separate Decrees and Circulars under the 2026-2030 roadmap.
Guidance on Land Use Fee Calculation for Converting Garden Land to Residential Land under Resolution 254/2025/QH15
The Quang Ninh Tax Department provided guidance on calculating land use fees when converting 152 sqm of garden land to residential use, in a case where the current owner purchased an entire plot comprising 300 sqm of residential land (previously granted within quota limits to the former owner) and 152 sqm of garden land. The Department of Economics, Infrastructure and Urban Affairs determined that of the 152 sqm, the first 120 sqm is assessed at 30% (first-time within-quota rate) and the remaining 32 sqm at 50% (one-time-over-quota rate). Under Article 5 of Resolution 254/2025/QH15 (land use fee refund) and Decree 43/2014/ND-CP (residential land quotas): Since the 300 sqm residential quota was already fully used for this plot under the previous owner, the conversion of the garden portion by the current owner is assessed under the over-quota rate framework. The tax office is required to issue a land use fee notice within 5 working days of receiving the information transfer form from the land management authority.
Law on Access to Information No. 01/2026/QH16
On 23 April 2026, the 16th National Assembly passed the Law on Access to Information No. 01/2026/QH16, replacing the 2016 Access to Information Law (No. 104/2016/QH13). The new law takes effect on 1 September 2026. It sets out citizens' right to access information created or held by state agencies and public service units, and the corresponding disclosure obligations of those bodies. For businesses, a few points matter. First, a company's trade secrets can only be released to a third-party requester with the owner's consent, unless the head of the relevant agency decides disclosure is necessary for public interest or public health. Second, the law requires state agencies to proactively publish information useful for due diligence and compliance, including land-use planning, public investment and procurement results, and administrative penalties for tax, intellectual property, environmental, labor, and social insurance violations. Third, foreign nationals residing in Vietnam, including staff of foreign-invested enterprises, have the right to request information directly related to their own rights and obligations. The law does not itself set VAT, corporate income tax, e-invoice, labor, or customs rules; it is a general framework governing transparency of state-held information. Business owners and accountants should be aware of it mainly for two reasons: protecting their own trade secrets when a third party requests access to information a state agency holds about them, and using the public-disclosure and request channels it creates to check planning, procurement, and enforcement records relevant to compliance or partner due diligence.
Guidance on Tax Declaration Deadlines When an Organization Rents Real Property from an Individual under Decree 68/2026/ND-CP
Under Decree No. 68/2026/ND-CP and guidance from the Hanoi Tax Department, when an organization rents real property from an individual and agrees to declare tax on the individual's behalf, the tax filing deadline is tied to each payment period - generally by the 20th of the month following the period in which the rental payment falls due. For quarterly payments, the deadline is the last day of the first month of the following calendar quarter. For semi-annual or three-month payments that do not align with calendar quarters, the same logic applies based on when the actual payment occurs. The rule is grounded in Article 44 of the Law on Tax Administration No. 38/2019/QH14.
Circular 47/2026/TT-BCA Issuing the National Technical Regulation on Cybersecurity for Electronic Document Storage Information Systems in Party and State Agencies (QCVN 12:2026/BCA)
On May 12, 2026, the Ministry of Public Security issued Circular 47/2026/TT-BCA promulgating National Technical Regulation QCVN 12:2026/BCA on cybersecurity for electronic document storage information systems. The regulation takes effect July 1, 2026. Its scope is limited to Party and State agencies, covering document storage systems that do not hold state secrets. The regulation sets out detailed technical requirements - risk management, physical security, data backup and recovery, encryption, network monitoring, and incident response - graded across 5 information system security tiers. This is an internal technical standard for government bodies and does not directly apply to private enterprises, household businesses, or individuals, except where a company acts as an IT vendor to these agencies. As a result, it falls outside the tax, accounting, e-invoice, labor, or customs topics RegHub tracks for the SME community.
VAT and PIT Guidance for Individual Households Sawing Round Logs into Planks or Pieces under Decree 359/2025/ND-CP
The Ministry of Finance advises that a household business that purchases round logs (pine, eucalyptus, etc.) and saws them into planks or pieces for sale to processing companies is engaged in manufacturing activity, not merely basic primary processing. Therefore the higher manufacturing tax rate applies. Under Articles 4 and 6 of Circular 84/2021/TT-BTC and Decree 359/2025/ND-CP, the applicable rate is 4.5% (3% VAT + 1.5% PIT) rather than the distribution rate of 1.5% (1% VAT + 0.5% PIT). The classification depends on the actual nature of the processing: simple trimming or de-barking may qualify as basic primary processing, but sawing into commercial-dimension planks or pieces constitutes manufacturing.
Circular 09/2026/TT-NHNN: Custody and Use of Valuable Papers at the State Bank of Vietnam
The State Bank of Vietnam (SBV) has issued Circular No. 09/2026/TT-NHNN dated May 19, 2026, replacing Circular 16/2022/TT-NHNN, to set out detailed rules on the custody and use of valuable papers at the SBV. Covered instruments include SBV bills, government bonds, treasury bills, government-guaranteed bonds, local government bonds, special bonds or bad-debt-purchase bonds issued for VAMC, and certain bonds issued by commercial banks or other enterprises. The rules apply to SBV units, the Deposit Insurance of Vietnam, credit institutions, foreign bank branches, and other entities designated by the SBV Governor (collectively, members). The Circular establishes two custody channels: direct custody at the SBV (via its Trading Floor Department) or custody through the SBV customer account opened at the Vietnam Securities Depository and Clearing Corporation (VSDC). Valuable papers may be used in monetary market operations such as open market operations, refinancing (secured lending, discounting), special lending, and pledging or margin deposits to set overdraft and overnight lending limits, net debit limits, centralized payment limits, and electronic clearing limits, as well as secured lending and sale-purchase transactions between members on the interbank market. The Circular also specifies the documentation, procedures, and timelines for opening and closing accounts, ownership transfer, principal and interest payment, and withdrawal of valuable papers, with most processing steps set at one to two business days. This is a technical, operational circular that mainly governs the relationship between the SBV, credit institutions, foreign bank branches, and VSDC on the money market. It has no direct provisions on tax, e-invoicing, labor, or customs matters relevant to SMEs or general accounting practitioners. The Circular takes effect on July 4, 2026.
Circular 08/2026/TT-NHNN: Amendment to Deposit Definition in Bank Liquidity Ratio
Circular 08/2026/TT-NHNN dated 15 May 2026, issued by the State Bank Governor (signed by Deputy Governor Doan Thai Son), amends point (a) of clause 4, Article 20 of Circular 22/2019/TT-NHNN, redefining the deposit components used as the denominator in the bank liquidity ratio calculation. Under the new rule, deposits from domestic and foreign organisations (including deposits from other credit institutions and foreign bank branches) are included in the denominator, but the following are excluded: (i) margin deposits and special-purpose deposits from customers; (ii) demand deposits from the State Treasury; and (iii) 80% of the balance of time deposits from the State Treasury. This replaces the provision in clause 1, Article 1 of Circular 26/2022/TT-NHNN on the same matter. The circular took effect on 15 May 2026.
Decree 155/2026/ND-CP: Amendments to the Implementing Decree for the Law on Complaints
Decree 155/2026/ND-CP, dated May 15, 2026, amends and supplements Decree 124/2020/ND-CP, the decree that details how the Law on Complaints is implemented. The new decree introduces a formal definition of a «complex complaint case», tightens the rules for authorizing someone else to file a complaint (an individual's power-of-attorney document must now be notarized or certified), and adds a procedure for withdrawing a complaint when multiple people jointly complain about the same issue. The most notable addition is a new mechanism for temporarily or permanently suspending complaint resolution in cases of force majeure or objective obstacles (natural disasters, epidemics, accidents, seized case files, etc.), together with new provisions on applying information technology and digital transformation to complaint-handling data. The decree also tightens disciplinary responsibility for civil servants who commit violations during complaint verification or resolution, or who unlawfully interfere with a case. This is a general administrative-procedure decree that applies to any individual or organization filing a complaint against a state agency's administrative decision or act - it does not set out any tax, invoicing, customs, or labor-specific obligations for businesses. A business could use this procedure when disputing an administrative decision, but the decree itself creates no new compliance obligation for SMEs. It takes effect on July 1, 2026; the mandatory notarization requirement for individual authorization documents will itself expire on January 1, 2027.
Vietnam Social Insurance Q&A: Can Overseas Vietnamese Join Voluntary Social Insurance?
Vietnam Social Insurance (VSI) confirmed that Vietnamese nationals living and working abroad are eligible to participate in voluntary social insurance under clause 4, Article 2 of Social Insurance Law No. 41/2024/QH15. The contribution rate is 22% of the chosen reference income, with a minimum equal to the rural poverty line (currently VND 1,500,000/month) and a maximum of 20 times the reference wage (currently VND 46,800,000/month). Registration procedure: submit Form TK1-TS to a support agent organisation or directly to the VSI office. Online registration is available via the VSI public service portal (dichvucong.baohiemxahoi.gov.vn) or the National Public Service Portal (dichvucong.gov.vn). State subsidies on contribution rates are available for poor and near-poor households. This information is relevant to Vietnamese SME owners and individuals abroad who wish to accumulate domestic retirement entitlements.
Ministry of Finance Q&A: How Can Public Service Units Use Retained Fee Revenue under Decree 362/2025/ND-CP
The Department of Tax, Fee, and Charge Policy Management and Supervision (Ministry of Finance) clarified that under Decree 362/2025/ND-CP, public service units that collect fees may retain some or all of the collected fee revenue to cover their service delivery and fee collection operating costs, based on an approved budget plan. The remainder must be remitted to the state budget. Retained fee revenue may be used for: wages, allowances, and statutory contributions for individuals performing the service and fee collection (excluding wages for officials already funded by the state budget); service delivery operating costs (stationery, utilities, communications, official travel); and rental, repair, procurement of assets and equipment. Annual income-expenditure settlement is required; unspent retained fees carry over to the following year, but any unspent balance after 5 years must be remitted to the state budget. Decree 362/2025/ND-CP does not set out the overall financial autonomy mechanism for the unit - that remains governed by the autonomy regime decrees (Decree 60/2021, Decree 111/2025, and related instruments).
VAT Invoice Guidance for Zero-Payment Export Sample Goods
The Da Nang Tax Department responded to OBE Vietnam Co., Ltd. on issuing VAT invoices for export sample goods with no payment. Under Decree 320/2025/ND-CP and Circular 20/2026/TT-BTC, export samples without bank payment documents do not meet the conditions for the 0% VAT rate. The tax authority determined that goods exported without charge (no bank payment evidence) fall under the VAT-exempt category per Article 5 of the VAT Law, rather than the 0% taxable category. The company may therefore issue a VAT invoice marked 'Not subject to VAT' for these sample shipments. For case-specific guidance, the enterprise should contact the Da Nang Tax Department directly with actual documentation.
Presidential Order 01/2026/L-CTN Promulgating the Law on Access to Information
President To Lam signed Presidential Order No. 01/2026/L-CTN on 26 April 2026 to formally promulgate the Law on Access to Information No. 01/2026/QH16, passed by the 16th National Assembly at its first session on 23 April 2026. This is the promulgation order accompanying the substantive Law. This is a purely formal promulgation order with no substantive content on taxation or business finance.
Presidential Order Promulgating the Amended Law on Hanoi Capital 2026
President To Lam issued Order No. 02/2026/L-CTN promulgating the Law on Hanoi Capital, which was passed by the 16th National Assembly at its First Session on 23 April 2026. This is an administrative order confirming the law's enactment and does not directly contain tax, financial, or commercial provisions. The order was signed on 26 April 2026 and published in Official Gazette No. 284 on 26 May 2026.
Guidance on Issuing Invoices for Energy Surcharges and Applicable VAT Rate for Trading Companies
The Ministry of Finance advises that a machinery and industrial equipment trading company may include an 'Energy Surcharge' as a separate line item on its invoice, because this is an additional charge directly linked to the main goods transaction. The VAT rate applicable to the surcharge is the same rate as the main goods. A company not in the energy business may still issue an invoice with 'Energy Surcharge' content, provided the charge is genuine and clearly agreed upon in the contract. It would be inappropriate to label the charge as 'Freight Surcharge' if no actual freight service is provided. The legal basis includes Decree 70/2025/ND-CP and Circular 48/2024/QH15.
Guidance on Budget Allocation Forms for Multiple Supplementary Estimates by Commune-level People's Committees under Circular 26/2026/TT-BTC
The Ministry of Finance clarifies that when a commune-level People's Committee issues multiple supplementary budget allocation decisions during the year to Level-I budget estimating units, the forms used should follow the templates of Forms 47 and 48 in Appendix I of Circular 26/2026/TT-BTC. The allocation must detail expenditure by subordinate agency and by spending category (capital investment, recurrent expenditure, etc.). The Government did not delegate authority to the Ministry of Finance to issue separate forms specifically for commune-level People's Committees - Decree 73/2026/ND-CP only grants the Ministry authority over forms used by Level-I budget estimating units for their subordinate spending units. Authority to prescribe supporting documentation for Level-I unit allocations rests with the provincial Department of Finance, which proposes rules to the provincial People's Committee. Legal basis: Clauses 5 and 7 of Article 32 and Clause 1 of Article 33 of the State Budget Law; Decree 73/2026/ND-CP; Circular 26/2026/TT-BTC.