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LEGAL UPDATE

01.2026

LEGAL UPDATE

Civil

Law on Personal Data Protection No. 91/2025/QH15 dated 26 June 2025 of the National Assembly

Law on Employment No. 74/2025/QH15 dated 16 June 2025 of the National Assembly

Decree No. 293/2025/ND-CP dated 10 November 2025 of the Government providing for the minimum wage applicable to employees working under labor contracts

Law on Special Consumption Tax No. 66/2025/QH15 dated 14 June 2025 of the National Assembly

Resolution No. 110/2025/UBTVQH15 dated 17 October 2025 of the Standing Committee of the National Assembly on the adjustment of the personal income tax family-based deduction level

Law on Digital Technology Industry No. 71/2025/QH15 dated 14 June 2025 of the National Assembly

Joint Circular No. 03/2025/TTLT-TANDTC-VKSNDTC dated 10 December 2025 of the Chief Justice of the Supreme People’s Court and the Prosecutor General of the Supreme People’s Procuracy providing regulations on the jurisdiction of first-instance adjudication of criminal cases of the provincial-level People’s Courts and the coordination in transferring cases during the trial stage in accordance with the Criminal Procedure Code

Circular No. 99/2025/TT-BTC dated 27 October 2025 of the Ministry of Finance providing guidance on the Enterprise Accounting Regime

Labor

Taxation

Technology

Criminal

Finance

• The maximum monetary fine in administrative sanctions for acts of buying or selling personal data shall be ten (10) times the illegal proceeds obtained from the violation. In case, there is no revenue from the violation, or the fine calculated based on such illegal proceeds is less than VND 3 billion, then the maximum fine of VND 3 billion will be applied.
• An organization committing violations related to cross-border transfer of personal data may be subject to a monetary fine of up to 5% of its revenue of the immediately preceding year. Where there is no revenue in the immediately preceding year, or the fine calculated based on revenue is less than VND 3 billion, then the maximum fine of VND 3 billion will be applied.
• The maximum monetary fine in administrative sanctions for other violations in the field of personal data protection shall be VND 3 billion.

Enterprises are required to delete and permanently erase employees’ personal data upon termination of the labor contract, except where otherwise agreed by the parties or as otherwise provided by law.

Social media platforms and communication service providers are prohibited from requiring the provision of images or videos containing the whole or any part of identity documents as a means of account authentication

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Date of issue: 26^th June 2025

Effective date: 1^st January 2026

LAW ON PERSONAL DATA PROTECTION NO. 91/2025/QH15

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LAW ON EMPLOYMENT NO. 74/2025/QH15

The scope of participants in unemployment insurance is expanded, including:

Persons working under indefinite-term labor contracts or definite-term labor contracts with a duration of at least one (01) month, including cases where the employee and the employer agree on a different contract title but the content reflects paid employment, wages or remuneration, and the management, administration, and supervision of one party;

Employees mentioned above who work on a part-time basis and receive a monthly wage equal to or higher than the lowest wage used as the basis for compulsory social insurance contributions in accordance with the Law on Social Insurance;

Enterprise managers, controllers, and enterprise capital representatives in accordance with the law; members of the Board of Directors, the General Director, the Director, members of the Supervisory Board or controllers, and other elected managerial positions of cooperatives and cooperative unions as prescribed by the Law on Cooperatives, who receive salaries.

The Law provides specific regulations on the responsibilities of employers toward employees upon termination of employment, specifically:

Employers are required to fully pay unemployment insurance contributions for employees upon termination of the labor contract, working contract, or cessation of employment, in order to ensure the timely settlement of unemployment insurance benefits for employees.

In cases where employers fail to fully pay unemployment insurance contributions for employees, they must pay an amount equivalent to the unemployment insurance benefits to which the employees are entitled in accordance with the law.

The maximum level of unemployment allowance is unified at no more than five (05) times the monthly regional minimum wage, and the regulation based on the statutory base salary is abolished.

Date of issue: 16^th June 2025

Effective date: 1^st January 2026

Persons working under working contracts;

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DECREE NO. 293/2025/ND-CP

The monthly minimum wage and the hourly minimum wage applicable to employees working for employers are prescribed by region as follows:

Date of issue: 10^th November 2025

Effective date: 1^st January 2026

In addition to the percentage-based tax calculation method, the new law introduces an absolute tax calculation method. The tax base shall be the quantity of taxable goods and the absolute tax rate.

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• Helicopters and gliders;
• Air conditioners with a capacity of over 24,000 BTU up to 90,000 BTU;
• Beverages with a sugar content exceeding 5 g/100 mL.

The taxable subjects are adjusted, specifically:

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Supplement the specific (absolute) tax calculation method

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• Imported raw materials used for the production of exported goods;
• Tax finalization upon dissolution or bankruptcy where there is tax not fully credited; cooperatives are entitled to inherit excess tax amounts when cooperative groups are transformed;
• Tax refunds in accordance with international treaties to which Viet Nam is a party.

Adjust the cases eligible for tax refund and tax credit:

LAW ON SPECIAL CONSUMPTION TAX NO. 66/2025/QH15

Date of issue: 14^th June 2025

Effective date: 1^st January 2026

Date of issue: October 17^th, 2025

Effective date: January 1^st, 2026

Resolution No. 110/2025/UBTVQH15

Enterprises implementing semiconductor chip design projects are supported with funding for human resource development training, research and development, pilot production, and the purchase of machinery, equipment, technology, and digital technology innovation from local budgets or financial sources for digital technology industry development.

Investment projects for construction and business of infrastructure in concentrated digital technology parks, and investment projects in the field of digital technology using land in concentrated digital technology parks, are exempt from or eligible for a reduction in land rent.

Law on Digital Technology Industry

No. 71/2025/QH15

A concentrated digital technology zone is a functional zone that concentrates activities in research and development, support, training, promotion of innovation, incubation of digital technologies and digital technology enterprises; production and trading of digital technology products and services; provision of infrastructure and supply of services to organizations, enterprises, individuals, and other activities within the zone.

Date of issue: June 14^th, 2025

Effective date: January 1^st, 2026

Jurisdiction of Provincial People's Courts:

1. Criminal cases involving extremely serious crimes for which the highest penalty in the punishment bracket prescribed by the Penal Code is life imprisonment or the death penalty.

2. Criminal cases within the jurisdiction of District People's Courts but falling into one of the following cases:

1. Cases with many complicated details, involving multiple levels and sectors, or of particular public concern;
2. Cases where the handling has political or foreign policy implications;
3. The offender is a key leading official from the provincial level upwards;
4. The offender is a religious dignitary or a person of high prestige in an ethnic minority community.

Joint Circular

No. 03/2025/TTLT-TANDTC-VKSNDTC

Date of issue: December 10^th, 2025

Effective date: January 1^st, 2026

Circular No. 99/2025/TT-BTC

1. Enterprises are responsible for developing internal governance regulations and organizing internal controls to clearly define the rights, obligations, and responsibilities of relevant departments and individuals in the creation, implementation, management, and control of economic transactions arising within the enterprise, ensuring compliance with legal regulations.

2. Amend regulations on the financial reporting system, replacing the "Balance Sheet" with the "Statement of Financial Position". The financial reporting system includes:

+ Statement of Financial Position;

+ Income Statement;

+ Cash Flow Statement;

+ Notes to the Financial Statements.

3. Amend and supplement a number of accounting accounts compared to the old regulations.

Date of issue: October 27th, 2025

Effective date: January 1st, 2026

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