Legal Update 05/2026

ENTERPRISE - COMMERCE

Resolution No. 66.19/2026/NQ-CP dated May 18, 2026, of the Government aims to reduce, decentralize, and simplify administrative procedures and reduce and simplify business conditions under the management of the Ministry of Agriculture and Environment.

Resolution No. 66.19/2026/NQ-CP was issued to maximize convenience for organizations and individuals, promote a healthy and fair business environment, and enhance the effectiveness of state management through the reform of administrative processes under the "one-stop shop" mechanism, regardless of administrative boundaries, while also being linked to a post-inspection mechanism. The scope of the Resolution comprehensively covers 11 areas under the management of the Ministry of Agriculture and Environment, from crop cultivation, plant protection, livestock, veterinary medicine, fisheries, irrigation to dike management, natural disasters, land, water resources, minerals, environment, meteorology, hydrology, and marine and island affairs. The specific reductions and simplifications of administrative procedures and business conditions for each of these areas are detailed in Appendices I to XI attached to the Resolution.

Regarding implementation, the Minister and heads of ministerial-level agencies are responsible for urging, inspecting, and drafting legal documents to concretize the Resolution, ensuring that the new regulations take effect before March 1, 2027. Provincial People's Committees are responsible for implementing decentralization within their localities and publishing administrative procedures as prescribed. In particular, the Ministry of Agriculture and Environment has a period of 3 months from the effective date of the Resolution to transfer the dossiers to the agencies to which it has been decentralized. Notably, officials and civil servants involved in drafting this Resolution may be considered for exemption or reduction of responsibility in accordance with the Law on the Promulgation of Legal Documents. The Resolution also sets out specific transitional provisions: for administrative procedures whose processing has been reduced and which were received by the competent authority before the Resolution takes effect, the agency will stop processing and return the documents if requested; for procedures that have been delegated, received documents that have not yet yielded results will continue to be processed according to the old regulations, unless the organization or individual requests the application of the new Resolution. Previously issued documents and licenses that are still valid will continue to be applied until their expiration. Regarding its effective date, the Resolution is valid from May 18, 2026 to February 28, 2027. However, some provisions in Appendices I, II, III, VI, VII, VIII, IX, and XIII (stipulated in Resolution No. 17/2026/NQ-CP) will take effect later, from July 1, 2027.

Circular No. 58/2026/TT-BTC, effective from July 1, 2026, and applicable to fiscal years beginning on or after July 1, 2026, provides guidance on accounting procedures for micro-enterprises.

The circular applies to micro-enterprises as defined by the law on supporting small and medium-sized enterprises, and also allows household businesses and individual business owners to choose to apply if needed. Regarding organizational matters, micro-enterprises have flexibility in appointing family members or managers/executives as accountants; they are not required to have a chief accountant and can utilize accounting services.

Micro-enterprises maintain accounting records and prepare financial statements based on the value- added tax (VAT) and corporate income tax (CIT) payment methods applied by the entity. Depending on the specific tax method (such as calculating tax as a percentage of revenue, or the method of deducting VAT combined with CIT based on income), the regulations stipulate a corresponding list of detailed accounting ledgers, including: Sales revenue ledger; Detailed revenue and expense ledger; Detailed ledger for materials, tools, products, and goods; Detailed cash ledger; VAT obligation tracking ledger; Accounts payable tracking ledger; Fixed asset ledger; Other tax obligation tracking ledger; and Equity tracking ledger. Enterprises may design or modify accounting forms and documents to suit their operational characteristics, but must ensure accuracy, transparency, and compliance with current accounting laws and regulations. Regarding financial reporting, micro-enterprises paying corporate income tax based on taxable income are required to prepare a Statement of Financial Position and a Statement of Business Results, and then submit them to the competent state agency within 90 days from the end of the fiscal year. Conversely, enterprises paying corporate income tax as a percentage of revenue are not required to submit reports to the state agency, unless otherwise stipulated by law, but if they prepare reports for management purposes, they must keep them at the enterprise. The Circular also provides detailed guidance on transferring the balances of accounting accounts as stipulated in Circular No. 132/2018/TT-BTC into the relevant accounting books when applying this Circular. Since Circular 58/2026/TT-BTC came into effect, Circular 132/2018/TT-BTC will cease to be in force. Local authorities are responsible for implementing and guiding micro-enterprises to comply with these regulations.

INVESTMENT - CONSTRUCTION

Resolution No. 66.17/2026/NQ-CP, issued by the Government on May 15, 2026, on reducing and amending conditional investment and business sectors and professions.

The resolution focuses on reducing and amending the list of conditional investment and business sectors to create a more efficient business environment. This resolution applies to investors and agencies, organizations, and individuals involved in investment and business activities, with the scope of regulation covering the sectors specified in Appendix IV of the Investment Law No. 143/2025/QH15.

This resolution eliminates unnecessary industries and professions, reviews and abolishes unclear, overlapping, or outdated conditions, and A detailed list of 142 conditional investment and business sectors and professions has been issued, along with a requirement for Ministers and heads of ministerial-level agencies to study and issue alternative management plans for the sectors and professions that have been amended or abolished. Regarding transitional provisions, organizations and individuals that have been granted licenses, certificates, or other documents permitting investment and business activities in the sectors subject to reduction may continue to use these documents until their expiration date. Regarding implementation, the Ministry of Finance is responsible for leading the review and proposing amendments to Appendix IV of the Investment Law to ensure consistency. Relevant ministries and agencies are responsible for developing technical standards, regulations, or professional standards to serve as the basis for post-audit management methods before July 1, 2026, in coordination with the Ministry of Science and Technology. Legal documents serving this work will be implemented through a streamlined process, while clearly defining the responsibilities of the heads of agencies in ensuring transparency, preventing corruption and waste. In particular, those involved in drafting this Resolution may be considered for exemption, waiver, or reduction of responsibility in certain specific cases as prescribed by law.

LAND - HOUSING

Decree No. 147/2026/ND-CP, issued by the Government on May 7, 2026, provides detailed guidance on the implementation of specific mechanisms and policies to address difficulties and obstacles for stalled and prolonged projects in accordance with Resolution No. 29/2026/QH16 of the National Assembly.

The Decree's scope focuses on addressing projects granted certificates improperly, the continued allocation or leasing of land to projects violating investor selection and land use management regulations, and the handling of investment projects on state-owned land that has been improperly reclaimed. The applicable subjects include state agencies, land users, organizations, and individuals involved in projects benefiting from this special mechanism.

In handling projects that have been granted land use certificates improperly, the Department of Construction plays the leading role in reviewing the project's conformity with the planning and submitting it to the Provincial People's Committee for consideration of adjusting the land use purpose or duration. The Department of Agriculture and Environment is responsible for determining land prices, notifying financial obligations, and publishing a list of certificates requiring processing, while the Land Registration Office publicly discloses information, notifies land users, and carries out procedures for amending and updating cadastral records or issuing new certificates. Regarding the additional land use fees and land lease fees payable when converting to residential land, the Decree establishes a specific calculation formula based on the price difference at the time of adjustment, and stipulates that no refund will be given if the previously paid amount is greater than the adjusted amount. For projects violating regulations on investor selection or land use management, the Department of Finance will review the conditions and submit them to the Provincial People's Committee for a decision on whether to allow the project to continue. The Decree also clearly stipulates how to handle compensation, support, resettlement, and construction costs already advanced: if the investor continues to implement the project, these costs will be handled according to regulations on land use fees; if the investor does not ensure capacity and is not allowed to continue the project, the local budget will reimburse the legitimate costs already invested. Similarly, for projects on land illegally reclaimed by the State, after review and approval, the project will proceed with land allocation and land lease procedures according to the law.

LABOR - WAGES

Circular No. 08/2026/TT-BNV, issued by the Minister of Home Affairs on May 15, 2026, serves as a document detailing and guiding the implementation of several articles of Decree No. 337/2025/ND-CP on electronic labor contracts.

The circular focuses on key issues including: the process of issuing electronic labor contract identification codes (IDs); regulations on managing, locking, and unlocking access accounts; the connection between service providers (eContracts) and the National Electronic Labor Contract Platform; and principles for managing, exploiting, storing, and sharing data on this platform.

The Circular applies to employees, employers, eContract providers, and other agencies, organizations, and individuals involved in the conclusion and execution of electronic labor contracts. The structure of the ID code is specifically defined with 01 alphanumeric character (contract classification) and 12 automatically generated numeric characters. The process of connecting eContracts to the Electronic Labor Contract Platform requires providers to meet technical requirements and submit connection applications to the Ministry of Interior for verification and approval. The Ministry of Interior has the authority to manage accounts, conduct information security checks, and decide to suspend or terminate connections for providers if violations are detected or if they do not meet the requirements. Regarding data management, the Circular specifies detailed categories of master data, open data, and shared data, and requires relevant units to strictly comply with regulations on cybersecurity and personal data protection. Employers, eContract providers, and relevant authorities are responsible for submitting periodic or ad hoc reports through the platform. The Circular also clearly defines the mechanism for handling technical incidents and the responsibilities of the parties involved to ensure the continuous and secure operation of the platform.

Decision No. 422/QD-BHXH dated May 27, 2026, of the Ministry of Finance on the promulgation of the Procedure for implementing support and consulting activities for organizations and individuals in the process of participating in and benefiting from social insurance, unemployment insurance, and health insurance policies.

Decision No. 422/QD-BHXH stipulates the unified principles, responsibilities, procedures, and processes for providing support and advice to organizations and individuals within the Vietnam Social Security system. The regulations apply to specialized units assisting the Director, affiliated public service units, Social Security agencies at all levels, and the staff and employees of the sector who provide support and advice to organizations and individuals participating in social insurance, unemployment insurance, and health insurance. These activities must strictly comply with legal regulations on policies and regulations, maintain absolute confidentiality of personal information/data of participants, and ensure transparency, objectivity, and non-discrimination.

At Vietnam Social Security, the Propaganda and Support for Participants (TTHT Board) acts as the central point for receiving, classifying, and urging specialized units to process requests and provide feedback. The professional units are responsible for answering questions within their areas of expertise and are accountable for the accuracy and legality of the advice provided. At the local level, provincial Social Security agencies are directly responsible for organizing support and consultation activities, resolving issues within their jurisdiction, and coordinating with the TTHT Board in handling requests. Support requests are received through various channels: telephone hotlines, call centers, the National Public Service Portal, the Electronic Information Portal, social media platforms, official email, postal mail, or direct feedback. The general reception process includes the following steps: receiving and classifying; professional processing (if necessary); notification of results; concluding the interaction and evaluating the results. For requests with pre-set scenarios or simple questions, the service representative will respond immediately. For more specialized content, the Information and Support Department or the competent unit will process and respond within the timeframe specified in Appendix II. The system will automatically send a request for evaluation after the interaction is completed; if the organization or individual is dissatisfied, the information will be forwarded to the relevant department for review and processing until the individual confirms satisfaction.

Decision No. 583/QD-BNV dated May 27, 2026, of the Minister of Home Affairs promulgates detailed regulations on the scope, operations, services, functions, and features of the Electronic Labor Contract Platform.

The primary purpose of issuing this Platform is to modernize labor contract management, promote digital transformation in the fields of labor, wages, and social insurance, and move towards transparent national governance centered on citizens and businesses. This Platform serves as a national-scale electronic transaction information system, directly developed, operated, and managed by the Ministry of Interior, with the Department of Wages and Social Insurance as the lead agency.

In terms of scope and target audience, the platform unifies the management of electronic labor contract transactions nationwide by assigning a unique identification code (ID) to each contract. Users include government agencies (Ministry of Interior, Department of Interior, Industrial Park Management Board, etc.), employers, employees, eContract providers, and related data systems. These entities exercise rights such as accessing, sharing, and aggregating data, or fulfilling reporting obligations as required by law. In terms of operations and services, the platform computerizes activities such as synchronizing labor contract data from eContract providers, verifying digital signatures, issuing ID codes, managing the contract lifecycle, managing subject information, and supporting the compilation of reports on labor utilization. Utility services include support for searching and downloading labor contract records, sharing contract information, synchronizing standardized data, verifying information, and providing statistical reports and operational dashboards to support state management. In terms of functionality and features, the platform is developed in both web-app and mobile-app versions with detailed functions such as account management (supporting VNeID login), integrated API management, shared category management, system logging, and reconciliation reporting. The system's superior features include centralized deployment on a Cloud infrastructure, support for multi-organizational architecture, data standardization in JSON/XML format, minimum level 3 information security assurance, protection of personal data, and the ability to automatically generate reports from synchronized employment contract data.

TAXES - FEES

Government Decree No. 144/2026/ND-CP dated May 5, 2026, was issued to amend and supplement several articles of Decree No. 181/2025/ND-CP detailing the implementation of the Value Added Tax (VAT) Law.

Regarding items exempt from VAT, the Ministry of Industry and Trade will determine and propose a flexible adjustment mechanism; the Ministry of Finance will lead the submission, research, and coordination with relevant ministries and agencies to report to the Government for consideration and decision. The Decree also clarifies that revenue exempt from VAT includes commission revenue from agency activities for selling goods and services and brokerage commissions for insurance services, which are not subject to VAT.

Regarding revenue determination and tax deductions, the Decree amends the method of calculating total revenue from goods and services sold, including revenue from non-taxable goods and services and the value-added tax of the purchase, sale, and processing of gold, silver, and precious stones. It also specifies the method of determining separate revenue for credit institutions, branches of foreign banks, securities activities, and insurance businesses according to specialized laws. Furthermore, the VAT-taxable revenue is expanded to include revenue from goods not subject to VAT declaration and payment. Regarding tax deductions for goods and services purchased on deferred payment or installment plans with a value of 5 million VND or more, businesses can deduct tax based on the contract and invoice before receiving non-cash payment documents; however, if these documents are not available at the time of payment, they must declare an adjustment to reduce the deducted tax amount and can deduct it again when valid documents are available. Finally, this Decree replaces the entire List (Appendix I, Appendix II) on exported products that are natural resources and mined minerals issued with Decree No. 181/2025/ND-CP with the new List issued with this Decree. Organizations and individuals shall look up commodity codes according to the Vietnamese Export and Import Commodity List and the Export Tariff Schedule in effect at the time the declaration is made to apply to exported and imported goods.

Decision No. 595/QD-CT dated May 8, 2026, issued by the Director of the Tax Department, promulgates the "Campaign to Clean Up Tax Identification Numbers - Remove Bottlenecks in Business".

To address the backlog of taxpayers whose businesses have ceased operations or are not operating at their registered addresses, this campaign, implemented in 2026, aims to standardize data, tighten management, prevent tax fraud, and facilitate compliance by taxpayers.

The situation of taxpayers ceasing operations but not yet having their tax identification numbers terminated (status 03) or not operating at their registered addresses (status 06) is causing a waste of resources, affecting the transparency of the business environment, and posing a potential risk of budget revenue loss. The overall goal of the campaign is to clean up data, definitively resolve outstanding cases, and strictly control the emergence of new cases. Specific targets include resolving at least 35% of outstanding status 03 cases by March 31, 2026, before the end of 2026; reducing the number of businesses not operating at newly established business addresses by 20% compared to 2025; and reducing the processing time for dissolution and cessation of operations to no more than 4 months. In principle and implementation, the campaign applies a risk-based classification and tiering approach to processing applications, prioritizing support for taxpayers who are willing to comply and strictly handling cases of exploiting legal entities to violate the law and evade taxes. The Tax Department will establish a Steering Committee chaired by Deputy Director Mai Son to ensure unified management. Key solutions include: standardizing taxpayer data; publicly disclosing information on businesses in non-cooperation status (Category 06); referring cases with criminal implications to the police; and closely coordinating with local authorities, business registration agencies, and relevant units. Taxpayers, the press, and the public are encouraged to participate in monitoring and reporting acts of exploiting state budget funds. The campaign will be implemented according to a specific roadmap, from assigning tasks and conducting legal reviews to counting the results of implementation.