Legal Update 04/2026

INVESTMENT - CONSTRUCTION

Government Resolution No. 16/2026/NQ-CP dated April 07, 2026, on mechanisms and policies to remove difficulties and obstacles for investment projects under the Build - Transfer (BT) contract form.

Resolution No. 16/2026/NQ-CP stipulates mechanisms and policies to remove difficulties and obstacles for investment projects under the Build - Transfer (BT) contract form executed prior to the effective date of the 2020 Law on Investment under Public-Private Partnership Method (transitional BT projects). Applicable entities include state agencies, investors, and related organizations and individuals associated with the specific project list issued together with the Resolution. Core principles dictate ensuring proper authority, adhering to inspection conclusions, safeguarding public interest, and only resolving difficulties resulting from errors by state agencies, while strictly handling acts of profiteering or corruption.

Regarding application conditions, transitional BT projects must be synthesized on the National Information System on Database of Investment Projects with Difficulties, Obstacles, and Long-standing Backlogs (referred to as System 751) (except for projects under the Ministry of National Defence in Annex I) and must have inspection/audit conclusions or written confirmation from competent authorities stating that inspection is not required. For projects with contracts complying with the law at the time of signing, the State will continue payment using the state budget, land funds, or public assets as agreed upon. In the case of payment by budget, the value shall not exceed the total investment capital, and investors are entitled to post-construction loan interest and reasonable profit. If the contract stipulates payment by land funds, competent authorities will offset the difference between the final settled value of the construction work and the actual value of the land fund. For projects with contract terms non-compliant with the law due to errors by state agencies, the Resolution allows reviewing and negotiating contract amendments to continue implementation, provided the project brings socio-economic efficiency and causes no loss of state assets. In cases where the parties do not continue performance, the contract will be terminated prematurely, and the State will allocate budget funds to reimburse construction investment costs based on audit results. Conversely, if the fault lies with the investor, the contract will be terminated without budget reimbursement for costs. Notably, the Resolution stipulates that the valuation date for land payment is the date the State decides to allocate or lease the land; if the State delays land allocation, the investor is entitled to an additional amount equivalent to contract loan interest. Regarding implementation, Ministries and Provincial People's Committees bear comprehensive responsibility for the accuracy of project dossiers, reviewing boundaries and land prices, and issuing specific land valuation decisions to complete financial obligations prior to December 31, 2027. The Ministry of Finance is tasked with managing System 751 and periodically reporting to the Prime Minister, while the State Audit Office coordinates to audit the final settlement values of construction works and payment land funds. This Resolution is effective from April 07, 2026, through December 31, 2027, and grants exemption from responsibility to individuals involved in resolving difficulties, provided they strictly follow procedures and act without personal enrichment.

Circular No. 44/2026/TT-BTC dated April 22, 2026, of the Ministry of Finance providing regulations on templates for investment monitoring and evaluation reports, online reporting regimes, and the management and operation of the information system for investment monitoring and evaluation.

Circular No. 44/2026/TT-BTC aims to establish a synchronized legal framework for standardizing templates of investment monitoring and evaluation reports, while simultaneously standardizing online reporting procedures on the National Information System. The scope of regulation of the Circular encompasses almost all types of projects, ranging from public investment projects, projects using ODA and preferential loan capital, to public-private partnership (PPP) projects and projects implemented under the Law on Investment. Applicable entities include all state agencies, organizations, and individuals participating in the preparation of reports, as well as the management and operation of the operational information system nationwide.

The core content of the Circular focuses on issuing 19 specialized reporting templates serving specific investment stages and types. For public investment projects, the reporting templates span from initial evaluation and annual periodic monitoring to terminal evaluation and impact evaluation after the project becomes operational. PPP projects and projects under the Law on Investment also have dedicated systems of templates to closely monitor contract execution, operational capacity, and financial obligations to the state budget. Notably, the Circular also stipulates reporting templates for Community Investment Supervision Boards to promote the public's role in inspecting and supervising local construction works. Regarding operational regimes, the Circular requires that information updates and reporting must be conducted online on the Operational Information System of the Ministry of Finance at https://nghiepvugiamsatdautu.mof.gov.vn/. Project owners and investors are responsible for updating project information within 07 working days from the date of approval decisions or whenever adjustments arise concerning design, cost estimates, and contracts. Periodically on the 25th of each month, units must update disbursement figures and actual implementation progress on the system. Once reporting documents are authenticated using specialized or public digital signatures on the system, reporting entities are not required to submit hard copies to management agencies. Management and implementation responsibilities are clearly demarcated among units under the Ministry of Finance, central agencies, and local authorities. The Department of Information Technology and Digital Transformation is responsible for managing technical infrastructure, issuing accounts, and providing system usage training, while the Department of Investment Supervision and Appraisal leads the urging, inspection, and synthesis of nationwide reports for submission to the Prime Minister. Project owners and investors bear full responsibility for the accuracy and truthfulness of entered data. Cases of non-compliance with reporting regimes will be handled in accordance with the law. This Circular officially replaces Circular No. 05/2023/TT-BKHĐT of the Ministry of Planning and Investment starting from April 22, 2026.

LAND - HOUSING

Resolution No. 29/2026/QH16 dated April 24, 2026, of the National Assembly on specific mechanisms and policies to handle violations of land laws by organizations and individuals occurring prior to the effective date of the 2024 Land Law and to remove difficulties and obstacles for backlogged and prolonged projects.

Resolution No. 29/2026/QH16 stipulates specific mechanisms and policies to handle land law violations occurring prior to August 1, 2024, and to remove difficulties for backlogged and prolonged projects. The scope of regulation focuses on violations committed for socio-economic development, national defense, and security purposes without corrupt elements. The overarching principle is to avoid legalizing violations, ensure a balance of interests among the State, investors, and the public, and clearly demarcate individual responsibilities alongside remedial measures to quickly bring land resources into efficient exploitation.

Regarding penal and disciplinary policies, the Resolution stipulates no criminal prosecution or exemption from criminal liability for violations committed for the public interest, without corruption, and where all consequences have been fully remedied. For projects underway whose consequences have not been remedied due to objective reasons, organizations and individuals may be granted a temporary suspension of criminal prosecution or a temporary suspension of the case for up to 02 years to focus on rectifying violations as committed. If remediation is completed after this period, the offender will have the investigation terminated or be exempt from serving penalties; if not fully remedied, mitigation of responsibility will be determined based on the actual remediation proportion. For cadres and civil servants, the Resolution also permits exemption from or deferral of disciplinary action under similar conditions to encourage remedial efforts. In resolving difficulties for projects, the Resolution provides specific handling mechanisms for each type of legal obstacle. For projects issued Certificate of Land Use Rights unlawfully (such as residential land without forming residential units), if compliant with residential land planning, the investor must pay the land use fee difference to adjust the land use purpose; if non-compliant, the land will be converted to commercial and service land. For projects facing obstacles regarding investor selection or improper land recovery, the State permits continued implementation provided the project aligns with planning, has no disputes, and the investor ensures financial capacity. Notably, power grid construction projects underway that lack investment policy approval procedures will not be required to re-execute these procedures, using the project approval decision as the legal basis to complete land and construction documentation. The Resolution takes effect from May 1, 2026. Provisions on handling criminal and disciplinary violations remain in effect through May 1, 2029, while policies to resolve difficulties for backlogged projects are extended through May 1, 2031. The Government, the Supreme People's Court, and the Supreme People's Procuracy are responsible for providing detailed guidance and compiling list of cases eligible for application. Notably, the Resolution provides a legal protection mechanism (exemption from responsibility) for individuals involved in executing these tasks, provided they strictly follow procedures and act without personal enrichment, even if unintended damage occurs.

TAXES - FEES

Circular No. 41/2026/TT-BTC dated April 06, 2026, of the Ministry of Finance guiding the declaration, deduction, payment, and finalization of taxes in the crypto asset market.

Circular No. 41/2026/TT-BTC issued by the Ministry of Finance on April 6, 2026, provides detailed guidance on the declaration, deduction, payment, and finalization of taxes for activities in the crypto asset market in Vietnam, based on several key laws such as the Law on Corporate Income Tax (CIT), the Law on Value-Added Tax (VAT), the Law on Personal Income Tax (PIT), and notably Resolution No. 05/2025/NQ-CP on the pilot implementation of the crypto asset market. Applicable entities include crypto asset service providers, organizations established under Vietnamese law engaged in crypto asset trading activities, and related individuals.

Accordingly, service providers and Vietnamese organizations engaged in crypto asset business activities must fully fulfill value-added tax and corporate income tax obligations. Regarding VAT, tax declaration dossiers and forms are implemented in accordance with current tax administration regulations and relevant guiding circulars. For CIT, organizations must self-determine quarterly provisional tax amounts and complete annual tax finalization no later than the last day of the 3rd month following the end of the financial year. The entire process of submitting tax declaration dossiers must be conducted electronically to the directly managing tax authority. Crypto asset service providers play a pivotal role in tax collection, bearing the responsibility to deduct and pay taxes on behalf of other entities. Specifically, these providers must deduct CIT for foreign organizations and deduct PIT for both resident and non-resident individuals arising from each successful crypto asset transfer transaction. The time of deduction is determined immediately upon successful transaction confirmation on the system. Tax deduction rates are applied in accordance with Circular No. 32/2026/TT-BTC. Monthly, service providers must electronically submit declaration dossiers for deducted tax amounts no later than the 20th day of the following month. Dossiers include the Tax Deduction Declaration (Form No. 01/TSMH) and Detailed Schedule (Form No. 01-1/BK-TSMH). Additionally, these organizations are responsible for managing investor accounts, maintaining accurate transaction data, and issuing annual electronic tax deduction certificates to taxpayers. Service providers' IT systems must ensure the capability to extract and connect data in standard formats with tax authorities for inspection and audit purposes. This Circular takes effect from April 06, 2026, and is implemented in line with the pilot period of the crypto asset market. Accompanying the Circular is a detailed set of forms for tax declaration, including a detailed schedule requiring strict information such as asset identification codes (BTC, ETH, USDT...), token contract addresses (smart contracts), and information on ultimate beneficial owners for foreign organizations. Other tax administration matters not specified in this Circular shall be governed by current tax administration law.