Summary of laws, decrees, and circulars taking effect in 2026 that businesses operating in Vietnam should particularly note: tax, labor, environment, personal data.
Vietnam 2026 marks important changes in the business legal framework. Businesses need to proactively update to avoid compliance risks. This article summarizes the most important documents, especially for FDI enterprises operating in Vietnam.
1. Tax and Accounting
1.1. Next-Generation Electronic Invoicing
Circular 78/2021/TT-BTC continues being refined with new technical requirements. Businesses need to:
- Update invoicing software to new format
- Ensure integration with General Department of Taxation systems
- Store electronic invoices per regulation for 10 years
1.2. New Tax Declaration Regulations
Changes:
- Automatic declarations based on electronic invoice data
- Enhanced controls on cash transactions over VND 20 million/instance
- Stricter explanation requirements for entertainment expenses
2. Labor
2.1. Regional Minimum Wage Updates
Regional minimum wage adjusted annually. Businesses need to:
- Update wages for workers in corresponding regions
- Adjust employment contracts
- Update social insurance, health insurance, unemployment insurance contributions
2.2. New Overtime Regulations
Post-Covid, overtime regulations continue being adjusted:
- Total annual overtime hour limits
- Periodic reporting requirements
- Overtime wage rates (150% regular days, 200% rest days, 300% holidays)
3. Personal Data Protection
Decree 13/2023/NĐ-CP on personal data protection continues being widely implemented:
- Notification requirement: businesses processing data must register with Ministry of Public Security
- Data subject rights: be informed, view, correct, delete
- Security responsibility: apply technical and organizational measures to protect
- Cross-border data transfer: must have conditions and impact assessment
- Heavy violations penalties: from VND 50 million to 5% of annual revenue
Businesses need to establish DPO (Data Protection Officer), DPIA (Data Protection Impact Assessment) and update privacy policies.
4. Environment and Sustainability
4.1. Emissions Reporting
Greenhouse gas emissions reporting requirements apply to:
- Major emission facilities (per Decree 06/2022)
- Listed enterprises and large corporations
- Enterprises exporting to EU (due to CBAM)
4.2. Extended Producer Responsibility (EPR)
Manufacturing/importing enterprises responsible for product waste:
- Register with Ministry of Natural Resources and Environment
- Financial contribution or self-organize collection
- Periodic reporting on collection rates
5. Sector-Specific Regulations
5.1. Real Estate
Land Law 2024 and implementing decrees have many important changes:
- New regulations on land valuation per market principles
- New regulations on land recovery and compensation
- Stricter regulations on real estate projects
5.2. Information Technology
- Cybersecurity Law continues with data localization requirements in Vietnam
- New cloud computing services regulations
- Responsible AI requirements
5.3. Banking and Finance
- New KYC and AML (anti-money laundering) regulations
- Fintech and P2P lending regulations
- Digital currency and digital asset regulations
6. Recommended Business Actions
- Year-start legal audit: review all contracts, internal policies per new laws
- Train employees: especially finance/accounting, HR, IT departments
- Update software: e-invoicing, accounting, data management
- Register new requirements: DPO, EPR, emissions reporting
- Consult experts: for complex regulations affecting business model
7. Implications for FDI Enterprises
Special considerations for FDI enterprises:
- Cross-border compliance: Vietnamese laws may interact with home country laws (e.g., GDPR vs PDPD)
- Group reporting: parent company reports may need updates per Vietnam data localization
- Tax planning: changes in tax laws may affect transfer pricing strategy
- Investment incentives: review if benefits being utilized fully
This article is for reference only. Please contact a lawyer for accurate advice.
Frequently Asked Questions
How to monitor new laws monthly in Vietnam?
Subscribe to bulletins from official legal portals (National Legal Information Portal, National Legal Document Database), or subscribe to legal update services from law firms.
Do small businesses need to comply with all new regulations?
Some regulations apply by scale (DPO only mandatory for large enterprises, emissions reporting only for major emitters). However most regulations apply to all businesses.
Violation of new regulations due to ignorance — penalty reduction possible?
No. Law stipulates "ignorance of law is no excuse." However, voluntary correction and cooperation with inspection authorities may reduce penalties.
Can businesses self-update laws without lawyers?
Small businesses can self-update simple documents. For complex regulations affecting core operations (tax, labor, data), consult lawyer to avoid misinterpretation.
When law changes, must old contracts be amended?
Depends. If new law makes old contract clauses illegal, must amend. Some cases have grandfathering clauses maintaining old contract validity — read carefully.