Knowledge base

The Ministry of Industry and Trade has issued Consolidated Text No. 71/2026/VBHN-ND-BCT, merging Decree 32/2024/ND-CP on the management and development of industrial clusters with the amendments in Decree 303/2026/ND-CP (effective September 15, 2026). The decree governs the full lifecycle of an industrial cluster: its legal definition (a site of 5 to 75 hectares with no resident population), priority cluster types (craft-village, specialized, supporting-industry, high-tech, and eco-industrial clusters), the conditions and application file needed to establish or expand a cluster, and the investment incentives that apply. For SMEs, cooperatives, and foreign investors looking for production sites, this matters because it sets the conditions under which a province may approve a new cluster (existing clusters in the area must already be over 50 percent occupied, or unleased industrial land must not exceed 50 hectares), and it spells out the rights of businesses that lease land inside a cluster - including eligibility for investment incentives under land, tax, and credit law, since industrial clusters are legally classified as an area with difficult socio-economic conditions that qualifies for the highest incentive tier. The notable change in the 2026 amendment is a nationwide terminology update replacing district-level administrative language with commune-level language, reflecting Vietnam's elimination of the district tier of local government; a rename of the cluster development plan to development direction; new definitions for supporting-industry and high-tech clusters; and a streamlined appraisal process that now routes applications through commune-level People's Committees and the provincial Department of Industry and Trade. Businesses planning to lease land or invest in cluster infrastructure should review the new commune-level filing channel that takes effect September 15, 2026.

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.

Vietnam's Ministry of Finance has issued Circular No. 121/2026/TT-BTC dated August 21, 2026, amending several forms in Appendix I of Circular No. 68/2025/TT-BTC, which sets out the forms used for business and household business registration. The Circular replaces nine forms: the business registration application forms for private enterprises, single-member limited liability companies, multi-member limited liability companies, joint-stock companies, and partnerships (Forms 1 through 5); the list of beneficial owners of an enterprise (Form 10); the application to register changes to enterprise registration content (Form 12); the notice of temporary suspension or early resumption of business (Form 27); and the notice of enterprise dissolution (Form 30). It also repeals Form 11. This is a technical, form-only update. The revised templates add or adjust data fields, such as personal identification numbers, beneficial ownership details, and social insurance payment method options, to align with the updated business registration rules under Decree No. 168/2025/ND-CP as amended by Decree No. 296/2026/ND-CP. Businesses, household businesses, and business registration service providers must use the new forms when filing applications from the effective date onward. A transitional clause allows applications already submitted but not yet approved by the provincial business registration authority before the effective date to continue being processed under the prior forms and rules, provided they meet the conditions set out in those earlier documents. The Circular takes effect on August 21, 2026.

On August 5, 2026, the Government issued Decree No. 309/2026/ND-CP, amending several articles of Decree No. 118/2025/ND-CP (as amended by Decree No. 367/2025/ND-CP) on implementing administrative procedures under the one-stop-shop and inter-agency one-stop mechanism at One-Stop Departments and the National Public Service Portal. The decree took effect immediately on the date of signing, August 5, 2026. Substantively, the decree adds the concept of a 'smart kiosk' - a self-service terminal connected to the National Public Service Portal that lets organizations and individuals look up information, submit applications, authenticate their identity via the VNeID app or an ID-card reader, pay fees online, and receive results without needing in-person staff assistance. Receiving agencies are now required to reuse data already held in national databases instead of asking businesses and citizens to resubmit documents they have already provided, except where a technical failure or inaccurate data makes that impossible. The decree also allows provincial- and commune-level Public Administrative Service Centers to accept certain procedures regardless of administrative boundaries nationwide, provided the procedure meets digitization and electronic authentication requirements. The Ministry of Public Security is tasked with applying artificial intelligence on the National Public Service Portal to support automated guidance, file classification and completeness checks, and backlog alerts - with the explicit caveat that AI only assists and does not replace the decision of the authorized official. This is a technical decree that reorganizes the operating machinery of public administrative services (staffing, kiosks, inter-agency data sharing) rather than amending substantive tax, labor, customs, e-invoice, or business-registration rules. Businesses may benefit indirectly from reduced document resubmission and faster processing when filing at a Public Administrative Service Center, but the decree creates no new compliance obligation for business owners or accountants.

On August 5, 2026, the Government issued Decree No. 310/2026/ND-CP, amending Decree No. 45/2020/ND-CP on carrying out administrative procedures in the electronic environment (as previously amended by Decrees 68/2024, 69/2024, and 118/2025/ND-CP). The decree took effect immediately on its signing date, August 5, 2026. The change most relevant to businesses and individuals is a simplification of the online filing step: organizations and individuals who log in to the National Public Service Portal or the VNeID app using a level-2 electronic identification account no longer need to digitally sign interactive electronic forms, unless a specialized law requires otherwise. The decree also formally defines an "electronic transaction account" as the digital identity used to log in to administrative-procedure processing systems, and requires government agencies to reuse data already held in national and specialized databases so that businesses are not asked to resubmit documents the state already has on file. The decree resets the workflow for receiving and processing e-filed dossiers (automatic acknowledgment, digital-signature verification, cross-checking against existing databases), sets the criteria a procedure must meet before it can be delivered fully online, and assigns responsibility for converting paper-based results into electronic records. It also updates references to reflect Vietnam's current two-tier local government structure (provincial and commune level) and reassigns oversight of the National Public Service Portal among the Ministry of Justice, the Ministry of Public Security, and the Ministry of Science and Technology, replacing the former roles of the Government Office and the Ministry of Information and Communications. This is a procedural decree that applies across all types of online administrative filings - business registration, licensing, tax, land procedures, and more - rather than any single regulatory area. SMEs and household businesses should note the removal of the digital-signature requirement for VNeID level-2 logins, since it can meaningfully cut the time and cost of filing administrative paperwork online.

Decree 288/2026/ND-CP, issued on 21 July 2026 and effective immediately from its signing date, amends Decree 122/2021/ND-CP on administrative penalties for violations in the planning and investment sector, covering business and cooperative registration. The most significant change introduces new penalties tied to «beneficial owner» disclosure requirements. Enterprises established before 1 July 2025 that fail to supplement beneficial-owner information the next time they update their business registration face fines of up to VND 100 million. Failing to register or notify changes to beneficial-owner information carries fines of VND 30-70 million, while incomplete beneficial-owner disclosure upon a request from authorities triggers fines of VND 20-30 million. The decree also raises and tiers penalties for late registration of changes to the Enterprise Registration Certificate (from a warning for 1-10 days late up to VND 50-60 million for delays over 91 days), adds violations for failing to properly maintain member/shareholder registers, for failing to retain corporate records including the beneficial-owner list, and for cooperatives failing to maintain member registers. It also repeals Article 49 and certain points of Article 50 of the original decree. Businesses, cooperatives, and anyone involved in beneficial-ownership reporting chains should review their registration files now, particularly beneficial-owner data, to avoid exposure under these new and increased penalty levels.

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.

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.

The State Bank of Vietnam (SBV) issued Circular 13/2026/TT-NHNN on 19 May 2026, effective 3 July 2026, amending Circular 53/2018/TT-NHNN on the branch, representative office, and administrative-unit network of non-bank credit institutions - that is, finance companies and financial leasing companies operating under the Law on Credit Institutions. It does not apply to commercial banks or ordinary businesses. Key changes include reallocating approval authority (the SBV Governor decides on establishing or compulsorily terminating branches, while Regional SBV Branch Directors handle relocations, voluntary terminations, and representative offices or administrative units); allowing online filing via the National Public Service Portal using digital signatures; setting concrete processing timelines (21 working days for branches, 11 working days for representative offices); and reissuing the standard application form as an appendix. This is an internal banking-sector administrative circular that directly affects only finance companies and financial leasing companies when they expand or scale back their branch networks. It contains no provisions on VAT, corporate income tax, e-invoicing, IFRS/accounting standards, labor, or customs, and has no direct bearing on most SMEs or accountants.

A taxpayer asked the Ministry of Finance how to handle an e-invoice generated from a cash register when it contains errors in the buyer's name, address, amount in words, or other content, but NOT in the tax code, invoice amount, tax rate, tax amount, or goods listed. The question was whether such errors could be corrected under point (a), Clause 1, Article 10 of Circular 91/2026/TT-BTC - which only requires notifying the buyer and the tax authority via Form 04/SS-HDDT, with no need to reissue the invoice - given that point (c) of the same clause separately requires cash-register e-invoices with errors to be replaced with a new invoice. In its reply, the tax authority quoted the legal basis in full: Circular 91/2026/TT-BTC (effective July 1, 2026), Decree 254/2026/ND-CP, and Law on Tax Administration 108/2025/QH15 governing e-invoices and e-documents, and restated points (a) and (c) of Clause 1 and point c.2 of Clause 5 of Article 10 (which covers assets requiring registered ownership: if goods already registered under the buyer's name are returned, the buyer - not the seller - issues the return invoice). However, the reply did NOT give a direct yes/no answer to the taxpayer's specific scenario; it only instructed the taxpayer to "apply the regulations based on the actual circumstances of the business." In practice, it is worth noting that point (c) of Clause 1 specifically singles out cash-register e-invoices (and invoices for assets subject to ownership registration) as requiring a replacement invoice for any error, unlike the general rule in point (a), except for the goods-return case under point c.2 of Clause 5. Because the tax authority's answer was non-committal, businesses and household businesses using cash-register invoices should exercise caution and contact their managing tax office directly for specific guidance before acting.

Decree No. 193/2026/ND-CP (effective from July 1, 2026) governs settlement of project investment capital. Clause 1, Article 9 requires mandatory independent audit of settlement reports for nationally important projects and Group A projects that use public investment capital, recurring state budget expenditure, or other state budget capital outside the scope of the Public Investment Law. A reader asked whether projects funded from recurring expenditure - such as road maintenance or irrigation repair projects funded through sector operating budgets - are also required to undergo mandatory audit before being submitted for appraisal and settlement approval. The Ministry of Finance responded that under Point b, Clause 1, Article 73 of the Construction Law, the investor (chu dau tu) is responsible for managing construction investment costs within the approved total investment amount. Independent audit fees represent only a small line item within that total, and whether to include this cost is decided at the time the project is approved. Therefore, for Group B and Group C projects using public investment capital, recurring state budget expenditure, or other state budget capital outside the scope of the Public Investment Law, the decision to hire an independent auditor before submitting the settlement report for appraisal rests with the investor - it is not a mandatory requirement, unlike for nationally important projects and Group A projects. If the investor chooses to engage an auditor, it must organize a competitive tender and sign an audit contract in compliance with procurement and contract law. For businesses acting as investors on Group B and C state-funded projects - particularly in road and irrigation infrastructure construction and maintenance - this clarification is an important legal basis for deciding whether to budget for independent audit costs within the total investment estimate, helping avoid unbudgeted expenses or delays when submitting settlement reports for approval.