April, 2026 Newsletter
May 29th, 2026
Amendments to penalties for failure to notify economic concentration
On March 31st, 2026, the Government issued Decree No. 102/2026/ND-CP amending and supplementing a number of articles of Decree No. 75/2019/ND-CP dated September 26th, 2019 of the Government stipulating administrative sanctions for violations in the field of competition (“Decree 102”). Accordingly, several amendments to the penalty framework shall take effect from May 20th, 2026 as follows:
- Regarding the failure to notify economic concentration, Decree 102 replaces the fine ranging from 1% to 5% of the total revenue in the relevant market in the financial year preceding the year in which the violation is fined with a fixed penalty based on the size of the enterprise, but not exceeding 5% of the violating enterprise’s total revenue in the relevant market in the financial year preceding the year of the violation, specifically:
· A fine from VND 500,000,000 to VND 1,000,000,000 shall be imposed on each enterprise participating in the economic concentration whose total assets in the Vietnamese market, total sales revenue, and total purchase turnover in the Vietnamese market are less than VND 3,000 billion in the financial year preceding the year of the economic concentration;
· A fine from VND 1,000,000,000 to VND 2,000,000,000 shall be imposed on each enterprise participating in the economic concentration whose total assets in the Vietnamese market, or total sales revenue, or total purchase turnover in the Vietnamese market are VND 3,000 billion or more in the financial year preceding the year of the economic concentration.
- Decree 102 abolishes some of additional penalties such as deprivation of the right to use licenses or professional certificates for a specified period or suspension of operations for a specified period for acts of disrupting the business operations of other enterprises and acts of illegally soliciting customers.
- Application during the transitional period:
· For violations that occurred and ended before May 20th, 2026, but are only investigated or are being considered, resolved after such date, the provisions of Decree 102 shall apply;
· For violations that occurred before May 20th, 2026, but are still ongoing after such date, the provisions of Decree 102 shall apply;
· For decisions on handling competition cases issued before May 20th, 2026, where the sanctioned organization or individual still files a complaint, the provisions of Decree No. 75/2019/ND-CP shall apply.
Responsibility of manufacturers and importers for recycling products and packaging from may 25th, 2026
On April 01st, 2026, the Government issued Decree No. 110/2026/ND-CP (“Decree 110”) on detailing the implementation of certain articles of the Law on Environmental Protection regarding the responsibility of manufacturers and importers for recycling products and packaging and disposing waste. Accordingly, the responsibility for recycling products and packaging effective from May 25th, 2026 are implemented as follows:
- Entities incharging of recycling: Manufacturers and importers of products and packaging including: types of packaging, batteries and accumulators, lubricating oil, inner tubes and tires, electrical and electronic equipment, road transport vehicles and placed on the Vietnamese market must fulfill recycling responsibilities in accordance with the mandatory recycling rates and specifications.
- Entities exempt from recycling responsibilities:
· Manufacturers and importers of products and packaging for export, temporary import and re-export, or for research, study and testing purposes;
· Manufacturers and importers with total revenue from products subject to this regulation of less than 30 billion VND/year;
· Manufacturers have independently recovered and reused packaging at a recovery and packaging rate equal to or higher than the mandatory recycling rates.
- Regulations of recycling rates:
· The mandatory recycling rate is the ratio between the minimum mass of products and packaging that must be recycled according to the mandatory recycling specifications in the year of responsibility and the total volume of products and packaging manufactured or imported and placed on the market in the year of responsibility.
· These recycling rates range from 0% to 22%, depending on the type of products and packaging, with specific levels in Appendix I of Decree 110 and are adjusted upwards every 03 years, but increased not exceeding 10%/each.
- Method of fulfilling recycling responsibilities: Organizations and individuals may choose to perform recycling in the following methods:
(i) Organizing the recycling of products and packaging: Manufacturers and importers may choose the recycling methods at their discretion:
(1) Self-recycle or use of discarded products and packaging as materials for production of products and packaging;
(2) Engage contracts with recycling units;
(3) Authorize a recycling responsibility organization;
(4) Combine the above methods.
Manufacturers and importers must register recycling plans and report recycling results as required through the National EPR Information System before April 01st each year.
Or
(ii) Financial funding:
Manufacturers and importers must declare the amount of financial contribution through the National EPR Information System before April 01st each year. Financial contribution amount is determined by the formula:
F = R x V x Fs
In which, F is the total contribution amount for each product and packaging (VND); R is the mandatory recycling rate (%); V is the volume of products and packaging placed on the market (kg); and Fs is the contribution rate per kilogram of products and packaging (VND/kg).
Regulations on the transfer of greenhouse gas emission mitigation outcomes and carbon credits with international partners from May 19th, 2026
On April 01st, 2026, the Government issued Decree No. 112/2026/ND-CP on the international transfer of greenhouse gas (“GHG”) emission mitigation outcomes and carbon credits (“Decree 112”). Accordingly, Decree 112 establishes regulations on the transfer of GHG emission mitigation outcomes and carbon credits between Vietnam and international partners, implemented under the cooperation agreement framework in accordance with clause 2 Article 6 of the Paris Agreement (“Article 6.2 Agreement”) or under the mechanism prescribed in clause 4 Article 6 of the Paris Agreement (“Article 6.4 Mechanism”) or out of these frameworks, specifically:
(1) The principles of international transfer of GHG emission mitigation outcomes and carbon credits:
· Comply with regulations of the Paris Agreement; assist in developing and transferring GHG emission mitigation technologies to enhance the competitiveness of enterprises, and promote the development of a low-carbon economy in Vietnam;
· Prioritize the fulfillment of GHG emission mitigation objectives in Vietnam’s NDC and GHG emission mitigation objectives under international treaties and commitments;
· Protect national interests and harmonize the interests of participants, and contribute to the sustainable development of communities in localities where programs and projects are implemented.
(2) The maximum transfer ratio of the quantity of GHG emission mitigation outcomes or carbon credits:
· In case of international transfer with corresponding adjustment:
o 90% for programs or projects based on GHG emission mitigation activities and measures included in the List No. 01 in the Appendix I of Decree 112;
o 50% for programs or projects based on GHG emission mitigation activities and measures included in the List No. 02 in the Appendix I of Decree 112.
· In case of international transfer without corresponding adjustment: the maximum ratio of transfer is 90%.
(3) The procedures of project registration under Article 6.2 Agreement:
· The Ministry of Agriculture and Environment is the lead agency, acting on behalf of the Government to carry out negotiations, sign agreements, and issue the Approval for international transfer.
· The procedures of project registration under Article 6.2 Agreement consists of two main stages:
(i) Registration of project idea: Agencies, organizations submit dossiers to the Ministry of Agriculture and Environment for assessment of their suitability with the strategic development goals of the sector and locality. The assessment results will be announced within 15 working days from the date of receipt of a valid dossier;
(ii) Within 01 year from the date that the project idea is approved for registration, the agency or organization shall submit one set of documents requesting approval for registration of project in one of the following forms: directly or via postal service to the Ministry of Agriculture and Environment or online through the National Public Service Portal or the National Electronic Identification Application.
All activities, from idea registration to international transfer, must be recorded and publicly disclosed on Vietnam’s National Registry System to ensure transparency and strictly monitor.
Quality control and policies for development of Halal products and services from June 01st, 2026
On April 06th, 2026, the Government issued Decree No. 127/2026/ND-CP on quality control and policies for development of Halal products and services. Accordingly, this Decree stipulates standards for Halal products and services, which will take effect from June 01st, 2026, as follows:
- National standards for Halal products and services shall be developed, announced and applied in accordance with laws on standards and technical regulations. The process of development and amendment of national standards for Halal products and services must ensure the participation of representatives of the Ministry of Ethnic and Religious Affairs and Muslim experts with expertise in Halal requirements during the consultation and assessment of related content.
- The application of international standards, regional standards and foreign standards for Halal products and services is as follows:
· In the case of manufacturing Halal products and services for export: Manufacturing facilities shall apply standards for Halal products and services in accordance with requirements, agreements or contracts signed with importing entities;
· In the case of manufacturing or importing Halal products and services for domestic consumption: Manufacturing or importing facilities shall apply national standards, standards of international organizations where Vietnam is a party or with has mutual recognition agreements, international standards, regional standards, or national standards of Islamic countries regarding Halal products and services.
- Manufacturing and trading entities are encouraged to develop and announce base-level standards for their Halal products and services for which there are no corresponding national standards, international standards, regional standards or national standards of Islamic countries. The base-level standards shall comply with principles and general requirements of international and regional Halal standards that are widely recognized.
- The standards applied to Halal products and services mentioned above must not contradict the laws and regulations of Vietnam.
Enterprises with total annual revenue of less than 1 billion VND are exempt from Corporate Income Tax from January 01st, 2026
On April 29th, 2026, the Government issued Decree No. 141/2026/ND-CP amending and supplementing several articles of Decree No. 68/2026/ND-CP on tax policies for household businesses and individual businesses and Decree No. 320/2025/ND-CP detailing several articles and measures to organize and guide the implementation of the Law on Corporate Income Tax. Accordingly, some notable contents are as follows:
- From January 01st, 2026, the enterprises established according to the provisions of Vietnamese law with total annual revenue of less than 1 billion VND shall be exempt from corporate income tax (“CIT”), specifically:
· The total annual revenue is the total revenue from sales of goods, provision of services activities (excluding revenue deductions), revenue from financial activities and other income of the immediately preceding tax period.
· In the case that the operation period in the immediately preceding tax period is less than 12 months, the total revenue of the immediately preceding tax period shall be determined by dividing the actual total revenue of that tax period by the number of months the enterprise actually operated and then multiplying by 12 months. For enterprises newly established, converted in business type, converted in ownership structure, consolidated, merged, divided, or split during any month of the immediately preceding tax period, the operating period shall be counted as full months.
· A newly established enterprise with the projected total revenue in the tax period not exceeding 1 billion VND is not required to make a temporarily CIT payment. At the end of the tax period, if the actual total revenue in the tax period exceeds 1 billion VND, the enterprise shall carry out CIT declaration and finalization and no late payment interest will be imposed.
· This tax exemption regulation does not apply to enterprises established under Vietnamese law that are subsidiaries or affiliated companies where the enterprise in the affiliated relationship is not an enterprise that meets the tax exemption conditions.
- Application during the transitional period:
· In the case that an enterprise has provisionally paid CIT for the first quarter of 2026 but meets the tax exemption conditions, it shall not be required to provisionally pay CIT for the following quarters and the excess tax paid shall be offset, refunded or refunded combined with offsetting against the budget.
· In the case that the 2025 tax period ends after January 01st, 2026 and the enterprise satisfies the tax exemption conditions, it shall be exempt from CIT for the period from January 01st, 2026, until the end of the 2025 tax period.
The Vietnam Culture Day has been approved and will take effect from July 01st, 2026
On April 24th, 2026, the National Assembly issued Resolution No. 28/2026/QH16 on the development of Vietnamese culture. Accordingly, the Resolution approves regulations on several mechanisms, policies for the development of Vietnamese culture, specifically:
- November 24th of each year is designated as Vietnam Culture Day, on which employees are entitled to a day off with full salary.
- Exemption or reduction of entrance fees and charges for visiting public cultural and sports facilities on Vietnam Culture Day according to the decision of the competent state authorities.
Resolution No. 28/2026/QH16 enters into force from July 01st, 2026.
Tax declaration, payment and finalization in the crypto-asset market
On April 06th, 2026, the Ministry of Finance issued Circular No. 41/2026/TT-BTC providing guidance on tax declaration, tax withholding, tax payment, and tax finalization in the crypto-asset market. Under this Circular, organization providing crypto-asset services as prescribed by law (“Service Provider”), organization established and operating under Vietnamese law that conduct transactions, transfers or business activities involving crypto-assets in the crypto-asset market in Vietnam, shall declare, pay and finalize taxes as follows:
(i) Value-added tax declaration and payment:
· Tax declaration dossier: The tax declaration dossier shall be complied with the Section 2, Appendix I issued together with Decree No. 126/2020/ND-CP, amended and supplemented by Decree No. 373/2025/ND-CP.
· Forms: The applicable forms shall be complied with the Section II, Appendix II issued together with Circular No. 80/2021/TT-BTC, amended and supplemented by Circular No. 40/2025/TT-BTC.
(ii) Corporate income tax declaration, payment and finalization:
· Tax declaration dossier: The tax declaration dossier shall be complied with the Section 7, Appendix I issued together with Decree No. 126/2020/ND-CP, amended and supplemented by Decree No. 373/2025/ND-CP.
· Forms: The applicable forms shall be as of the Section VI, Appendix II issued together with Circular No. 80/2021/TT-BTC, amended and supplemented by Circular No. 40/2025/TT-BTC, Circular No. 94/2025/TT-BTC, Circular No. 21/2026/TT-BTC.
Service Provider, organization established and operating in accordance with the laws of Vietnam are required to determine and do payment the amount of temporary quarterly payable CIT. The amount of provisionally paid CIT shall be deducted with the payable CIT upon the annual tax finalization.
The annual tax finalization dossier must be submitted no later than the last day of the third month from the end of the calendar year or fiscal year.
(iii) Responsibilities for withholding, remitting, and declaring the withheld taxes:
Service Provider is responsible for withholding and remitting CIT on each transaction involving the transfer of crypto-asset carried out by an organization established under foreign law through Service Provider; and withholding and remitting personal income tax on each transaction involving the transfer of crypto-asset carried out by an individual (including resident and non-resident individuals) through Service Provider.
Regulations on national statistical Enterprise Surveys program
On April 06th, 2026, the Prime Minister issued Decision No. 14/2026/QD-TTg on the National Statistical Survey Program. The National Statistical Survey Program consists of three national statistical censuses, together with 42 statistical surveys specified in the Appendix issued together with Decision No. 14/2026/QD-TTg. Accordingly, the enterprise survey will be conducted as follows:
- Survey subjects: Production and business establishments engaged in production or business activities within an economic sector at a specific location (local kind-of-activity units), across all economic sectors in Vietnam (excluding some specialized activities).
- Survey units: Groups, corporations, enterprises, cooperatives and independently accounting branches under enterprises.
- Type of survey: A full survey combined with a sample survey.
- Survey contents:
· Identification information of the survey unit;
· Information on labour and employees’ income;
· Information on capital sources, assets, revenue and profits of the survey unit;
· Information on energy;
· Information on the production and business activities of the survey unit;
· Statistical information on investment capital, construction and national accounts;
· Statistical information on the industrial sector;
· Statistical information on trade and services, the digital economy, logistics, information technology, science and technology, innovation and digital transformation;
· Information on costs;
· Thematic information to be assessed, depending on practical requirements.
- Survey period: Annually, except in years when the Economic Census is conducted.
- Implementing authority: The Ministry of Finance (through the Statistics Office).
- Administrative penalties: Enterprises that violate regulations on statistical survey activities may be subject to administrative penalties under Decree No. 95/2016/ND-CP, as amended and supplemented by Decree No. 100/2021/ND-CP.
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