vietnam

Vietnam: Proposal to require marketplace operator to withhold tax from individual sellers

The Government intends to issue a Decree on tax management for the business activities on ecommerce and digital platforms, which require operators of the domestic and foreign e-commerce platforms to withhold and pay taxes (including PIT and VAT) for certain individuals and meeting specific criteria, as discussed in this update.

Vietnam signs MCAA on exchange of country-by-country reports

On 3 January 2025 Vietnam signed the multilateral competent authority agreement on the exchange of country-by-country reports (MCAA CbCR). In this NewsBrief we set out what this means for companies and groups in Vietnam which fall within the CbCR rules.

Vietnam: New Regulations on Environmental Protection Fees on Exhaust Gas Emissions have been Promulgated

Decree No. 153/2024/ND-CP, which governs the environmental protection fees on exhaust gas emissions, was issued by the Government of Vietnam on November 21, 2024 (“Decree 153“). This new regulation will take effect from January 5, 2025. Emission-discharging facilities in all parts of Vietnam will be impacted by this law.

Vietnam's Draft Decrees on Data Regulation

In November 2024, Vietnam’s National Assembly passed the Law on Data, which establishes a legal foundation for digital data management, security, processing, and use. It also mandates the creation of a National Data Centre and integrated National Database to improve state management and transparency.

Vietnam: Decree 182/2024/ND-CP on Investment Support Fund

On 31 December 2024, the Vietnamese Government issued Decree No. 182/2024/ND-CP (“Decree 182”) on establishment, management, and utilisation of the Investment Support Fund (“ISF”), to provide financial support to high-tech enterprises and investment projects.

Vietnam: AI Regulations in Vietnam and Opportunities for Investors

n Vietnam, according to a recent report by Google, AI is expected to contribute up to VND 1.89 trillion (approximately USD 79.3 billion) to the economy by 2030, accounting for nearly 12% of the country’s GDP.1 This legal update shall provide key highlights of the current legal landscape for AI development, as well as some insights for investors to unlock AI opportunities in Vietnam.

Vietnam: Law amending the Laws on Planning, Investment, Public-Private Partnership Investment, Bidding

The Law on Planning, Investment, PPP and Bidding plays a key role in the implementation of construction investment projects in Vietnam, especially infrastructure projects such as energy and transport works. This article will take a look at the impact of the amended and supplemented regulations on investment and infrastructure activities in Vietnam in the coming time.

Vietnam: Key Highlights Of Vietnam New Data Law

A new Data Law, passed in late November 2024 and set to take effect on 1 July 2025, focuses primarily on establishing a national general database and data centre for state use. However, it also introduces rules on digital data (data in the rest of this article) that concerns the private sector, such as, data products and services.

Vietnamese Government’s Decree On Self-Consumption Rooftop Solar Power: A Few Comments

On 22 October 2024, the Government of Vietnam issued Decree 135/2024 on mechanisms and policies incentivising the development of “self-generation and self-consumption rooftop solar power” (Self-Consumption RSP).

Vietnam: Dealing With Civil Liability In A Criminal Case In Vietnam – A Review Of Certain Practical Cases

In a criminal case involving a business, from time to time, the courts will need to decide on the civil liability of the criminal and other persons including those who are not aware of the crime relating to the case.

Vietnam: Legal Update on the Draft Decree Guiding the Implementation of the Data Law

On 30 November 2024, the Data Law was officially passed and will come into effect on 01 July 2025. In this legal update, we will highlight some major points under the Draft Decree that, from our point of view, guide the provisions of the Data Law that impact various stakeholders.

Vietnam: Tax due diligence critical for buyers and vendors

As dealmaking in Vietnam continues to evolve in complexity, effective tax due diligence has emerged as a critical factor in shaping successful transactions.

Vietnam: Amendment to Law on Pharmacy - A Leap in the Legal Framework

By way of amending the current Law on Pharmacy No. 105/2016/QH13, Vietnam is considered to have made a significant step forward in perfecting the legislation governing the online trading of pharmaceuticals. Law No. 44/2024/QH15 amending the current Law on Pharmacy will take effect on 1 July 2025.

Vietnam: Legal Update on Regulations regulating School Bus Service

Since 01 January 2025, several legislative documents that may govern the school bus service have come into effect, including Law No. 35/2024/QH15, Decree No. 158/2024/ND-CP, Law No. 36/2024/QH15 and Decree 151/2024/ND-CP. In this legal update, we will highlight a number of remarkable requirements for the schools’ attention regarding the performance of the school bus service under the updated laws of Vietnam.

Vietnam: Tax Implications for Foreign Contractors under EPC Contracts in Vietnam

Under the regulation of Vietnamese laws, in case the contractor performs EPC Contract as a foreign contractor, there will be tax liability for doing business or earning income in Vietnam when signing a contract with a Vietnamese partner. Within the scope of this article, we will provide a legal summary on tax implications of the Contractor during performing the EPC Contract in accordance with the laws of Vietnam.

Vietnam: Transfer of wind power projects to foreign businesses

This article covers: Current status of wind power project transfers, reasons for transferring, transferring risks, and solutions regarding limitations on transferring wind power projects.

Vietnam: Decree 182 on Investment Support Fund

Nghị định 182/2024/NĐ-CP về thành lập, quản lý và sử dụng Quỹ Hỗ trợ Đầu tư

To aid in applying the Global Minimum Tax from 1 January 2024, the Government issued Decree 182 in December 2024 on the establishment, management, and use of the Investment Support Fund to stabilize the investment environment, encourage and attract strategic investors, and support enterprises in specific prioritized fields.

Vietnam: Electronic labour contracts and related legal issues in Vietnam

Nowadays, when technology is developing rapidly, transactions are established through electronic methods are not too strange. Accordingly, Labour Code 2019 has initially recognized the legal validity of an electronic labour contract, however, in reality, there are not many labour contracts concluded in this form. While there are some benefits of the electronic labour contract, it also has several problems.

Vietnam: Legal Update on Vietnam’s Data Law

The Data Law is set to provide the fundamental principles, policies, and regulations governing digital data. It establishes the roles and responsibilities of various stakeholders, including government agencies, private organisations, and individuals. In this legal update, we will highlight some key provisions under the Data Law that, from our point of view, impact various stakeholders.

Vietnam: Changes in development mechanism of self-consumed rooftop solar power

This legal update analyses new opportunities for RTS power developers under Decree 135 through their services as contractors for power consumers, besides their role as power sellers in power generation and sale under the DPPA mechanism.