Knowledge base

The State Bank of Vietnam issued Consolidated Document 40/VBHN-NHNN, consolidating Circular 45/2018/TT-NHNN (effective February 12, 2019) on guidelines for credit institutions lending with SME Credit Guarantee Fund (CGF) guarantees under Decree 34/2018/ND-CP, as amended by Circular 85/2025/TT-NHNN. The document prescribes coordination procedures between credit institutions and CGFs, minimum content of cooperation agreements, lending principles for guaranteed loans (loans denominated in Vietnamese dong, with credit institutions bearing their own lending decision responsibility), and interest rates not exceeding the lender's rates for the same term and sector. Circular 85/2025/TT-NHNN amendments are primarily organizational: repealing Article 7(2), replacing "provincial/municipal SBV branch" with "Regional SBV branch", and updating responsibilities of SBV internal units. This is a technical consolidation effective December 31, 2025.

On 3 February 2026, the Ministry of Industry and Trade issued Consolidated Document No. 08/VBHN-BCT, merging Circular No. 59/2015/TT-BCT with three amending circulars (21/2018, 01/2022, and 38/2025) into a single reference text governing e-commerce activity conducted through mobile applications. It is a pure consolidation for lookup purposes and does not create any new legal obligation beyond what the underlying, already-effective texts require. The rules apply to three groups: traders, organizations, and individuals who own a «sales application» (an app used to sell their own goods or services); owners of an «e-commerce service application» (marketplace apps, online promotion apps, online auction apps); and sellers who use those service applications to trade. Owners of a sales app with an online-ordering feature must notify the Ministry; owners of an e-commerce service app must register with the Ministry, publish their operating rules, personal-data protection policy, and dispute-resolution mechanism. The document also covers online contract formation, online payment safeguards, and the Ministry's practice of publishing lists of registered or non-compliant applications on the E-Commerce Management Portal. For business owners and accountants, this is an administrative registration/notification regime run by the Ministry of Industry and Trade, not a tax, e-invoice, accounting, or customs matter. Businesses selling through mobile apps should check their registration status to avoid administrative penalties, but nothing here changes tax policy or bookkeeping requirements.

Many construction firms and other businesses pay workers under lump-sum or piece-rate labor contracts, but have struggled to determine the wage base for mandatory social insurance (SI) contributions because the worker's actual monthly income fluctuates and is only known after the month ends. Responding to a business inquiry, Vietnam Social Insurance cited Clause 1, Article 7 of Decree 158/2025/ND-CP and Circular 10/2020/TT-BLDTBXH, clarifying that for employees paid by product or lump-sum wages, the labor contract must state a time-based (monthly) wage rate that is used to calculate the product or lump-sum unit price. It is this contracted time-based rate, not the fluctuating amount actually paid each month, that forms the basis for calculating mandatory SI contributions, together with any allowances and other additions that have a specific, stable, and regularly paid amount (excluding portions that vary with productivity or output). In practice, this means businesses should agree on and record a time-based wage rate in the labor contract from the outset, rather than waiting until month-end actual income is known before calculating SI contributions. Doing so helps employers avoid late, over-, or under-payment of monthly SI contributions for staff working under lump-sum or piece-rate arrangements.

Vietnam Social Insurance (BHXH Vietnam) has issued an official response clarifying the social insurance contribution base for civil servants during their probationary period. Under Point a, Clause 1, Article 31 of Social Insurance Law No. 41/2024/QH15, the salary used as the contribution base for employees on state-prescribed pay scales is the monthly salary based on position, title, grade, and step, plus any applicable allowances. BHXH Vietnam confirmed that during the probationary period, civil servants are paid only 85 percent of the Step 1 salary under their grade. As a result, the base for calculating social insurance contributions, both the employer share and the employee's own 8 percent contribution, must be calculated on this 85 percent figure, not on 100 percent of the Step 1 salary. This is a practical point for HR and accounting staff at public administrative agencies, public service units, and any employer using the state salary scale, to correctly calculate social insurance contributions during an employee's trial period and avoid over or under payment.

Vietnam Social Insurance (BHXH) has answered a query from an employee about mandatory social insurance obligations after she stopped receiving unemployment benefits mid-month to start a new job. She began working in mid-December and worked continuously through month-end, but her new employer refused to pay social insurance for that month, citing advice that she had already received a full month of unemployment benefits under her prior benefit decision. In its official response, BHXH Vietnam confirmed that under the 2024 Law on Social Insurance, the Law on Employment, and their implementing guidance, an employee who starts working, earns wages, and works continuously through month-end is subject to mandatory social insurance (BHXH), health insurance (BHYT), unemployment insurance (BHTN), and occupational accident/disease insurance (BHTNLD-BNN) starting that same month. The fact that the employee is also entitled to a full final month of unemployment benefits under the benefit-termination rule (Clause 4, Article 19 of Decree 374/2025/ND-CP) does not exempt the mandatory social insurance obligation that arises from the actual employment relationship. BHXH said it will coordinate with the employer to review records and guide retroactive payment of BHXH, BHYT, BHTN, and BHTNLD-BNN contributions for the employee. This has practical significance for employers: a business cannot refuse to register a newly hired employee for mandatory social insurance simply because that employee is still within a prior unemployment-benefit month, and the employee does not need to repay the unemployment benefit before enrolling. Employers should proactively review payroll records and make retroactive contributions to avoid breaching the mandatory contribution obligation under Clause 5, Article 32 of the Law on Social Insurance.

Vietnam Social Security (BHXH Vietnam) has issued an official response addressing complaints about the power-of-attorney procedure for claiming one-time social insurance benefits after Decision No. 313/QD-BHXH (issued March 27, 2026) abolished Form No. 13-HSB, the standard power-of-attorney form. BHXH Vietnam clarified that removing this form is only a change to the dossier composition and internal workflow as part of administrative reform, and it does not eliminate or restrict a worker's legal right to authorize someone else to act on their behalf. Under point d, clause 2, Article 10 of the 2024 Law on Social Insurance (effective from July 1, 2025), SI beneficiaries retain the right to authorize another person in writing to handle SI procedures; a power-of-attorney for receiving pensions or allowances is valid for a maximum of 12 months and must be properly certified. For workers residing or working abroad, the power-of-attorney must be certified by a Vietnamese diplomatic or consular office abroad, or notarized and certified under local law and consularly legalized (unless exempted), in order to be valid for transactions in Vietnam. BHXH Vietnam also acknowledged reports of some local officials rigidly rejecting power-of-attorney dossiers and asked affected individuals to provide details of the receiving office, timing, and supporting documents for investigation. Employers with staff working overseas, and the workers themselves, should note the correct form of power-of-attorney now required in place of the abolished Form 13-HSB when filing for one-time social insurance benefits.

The Ministry of Finance (MOF) has issued an official response to a public service unit (a Tourism Promotion Center that is partially self-financed for recurring expenditures) regarding which funding sources may be used to pay retirement and severance benefits to employees under Decree 178/2024/ND-CP. The question centered on whether the unit could use its retained fee revenue to pay benefits for staff who fall outside the state-budget-funded staffing quota. Under Point b, Clause 2, Article 3 of Circular No. 07/2025/TT-BTC, for such staff the unit may draw on its allocated state budget estimate, revenue from public service activities, and other lawful revenue sources to make these payments. Read together with Article 15 of Decree No. 60/2021/ND-CP, which defines the financial sources of a Group-3 public service unit (partially self-financed for recurring expenditures) as including the state budget, public service activity revenue, retained fee revenue, and other revenue. The Ministry of Finance confirmed that the unit is entitled to use its annual state budget allocation, public service activity revenue, retained fee revenue, and other lawful revenue sources together to pay benefits to eligible individuals under Decree 178/2024/ND-CP. This clarification is important guidance for Group-2 and Group-3 public service units currently undergoing personnel streamlining and organizational restructuring.

Dong Nai Tax Department No. 10 clarifies: under Decree 70/2025/ND-CP amending Decree 123/2020/ND-CP, the invoice issue date for services is the date the service is completed (regardless of whether payment has been received), or the date the invoice is issued if issued before service completion or before payment. Labour supply services are not among the exceptions listed in Decree 70/2025/ND-CP. Therefore, if the company determines that service completion occurred on the date the review ended and the handover document was signed (8 April 2026), and issues the invoice on the same date, the invoice timing complies with regulations, provided that date is indeed when the service was completed.

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.

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.

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.

The Ministry of Finance confirmed that when a provincial People's Council (HDND) delegates to the provincial People's Committee (UBND) authority to determine specific local budget expenditure standards and norms under Point h, Clause 9, Article 31 of the State Budget Law No. 89/2025/QH15, the HDND **must issue a normative legal document** (a normative Resolution) — an administrative document is insufficient because decentralization must be established in a normative legal document per Clause 2, Article 13 of the Law on Local Government Organization. Where a sector-specific decree directly grants authority to the provincial UBND, the HDND must still issue a normative legal document delegating this task to the UBND if the matter falls under Point h, Clause 9, Article 31 of the State Budget Law. UBND self-determination without an HDND normative legal document does not comply with regulations.