August 2026: Vietnam regulatory compliance updates.

This August 2026 publication of our Regulatory Compliance Updates brings several important regulatory updates that may impact your business operations in Vietnam, covering the following key areas:

Staying abreast of these developments will help ensure your business is well-positioned to navigate upcoming regulatory changes.

Vietnam’s shift FDI volume to long-term value under Resolution 10

On 8 June 2026, the Politburo issued Resolution 10-NQ/TW on the development of the foreign-invested economic sector, signalling a shift in Vietnam’s long-term FDI strategy. The Resolution reaffirms that foreign-invested enterprises remain an important component of the national economy while introducing a stronger focus on investment quality, technology transfer, innovation and sustainable development.

Key policy directions include:

• Prioritising investments in semiconductors, artificial intelligence, digital technologies, biotechnology, clean energy and advanced manufacturing
• Moving from a volume-based investment attraction approach to a value-based and performance-oriented model
• Promoting stronger linkages between foreign-invested enterprises and domestic businesses
• Encouraging the establishment of R&D centres, regional headquarters, innovation hubs and high-value service operations in Vietnam
• Strengthening post-investment monitoring to ensure investors fulfil commitments relating to technology transfer, workforce development and localisation

Although the Resolution does not directly create new legal obligations, it provides a clear policy roadmap that is expected to influence future investment, tax incentive and industrial development regulations. Foreign investors considering new projects, M&A transactions or expansion plans should closely monitor the forthcoming implementing measures.

For more information on this topic, please click to read our full article here.

Overhauling foreign exchange regulations for foreign investment activities

On 31 July 2026, the State Bank of Vietnam issued Circular 38/2026/TT-NHNN, introducing a revised foreign exchange management framework for foreign investment activities in Vietnam, in which:

Broader scope of application

The new Circular expands its coverage beyond traditional foreign direct investment activities. It now also regulates capital flows involving entities operating within Vietnam’s International Financial Center framework and introduces several new categories of regulated entities.

For foreign investors, this reflects the Government’s ongoing efforts to modernise Vietnam’s investment and financial infrastructure while providing clearer rules for cross-border capital movements.

Greater flexibility in capital account arrangements

One of the most practical changes for foreign-invested enterprises concerns investment capital accounts.

Under the new rules, investors may open foreign currency and Vietnamese Dong investment capital accounts at the same licensed bank without being required to establish the foreign currency account first. Where capital is contributed in different foreign currencies, separate investment capital accounts may also be opened for each relevant currency at that bank.

The Circular also allows certain entities to open investment capital accounts before the issuance/amendment of an Investment Registration Certificate in specified circumstances.

Earlier capital contributions permitted

The Circular addresses a long-standing practical challenge faced by investors by allowing foreign capital contributions to be remitted before completion of charter capital amendment procedures in certain cases. It also introduces clearer rules governing multi-currency capital contributions and foreign currency transactions.

Under the previous framework, the sequencing of corporate approvals, investment licensing and bank procedures could create a practical funding gap: the company might need the capital, while the investor could not comfortably remit it until the relevant licensing steps had been completed. The new rules provide greater scope for the funding process and the licensing process to proceed in parallel, potentially reducing delays in capital increases, restructurings and new investment projects.

Foreign investors should review existing banking structures, capital contribution procedures and treasury controls to ensure alignment with the new foreign exchange requirements.

The Circular took effect on 18 August 2026.

Introduction of new framework for commodity exchange trading

On 1 August 2026, the Government issued Decree 302/2026/ND-CP, detailing the implementation of the Commercial Law in relation to commodity exchange trading.

Some notable developments include:

• Introduction of enhanced establishment requirements for commodity exchanges
• An increase in the minimum charter capital requirement for commodity exchanges from VND 150 billion to VND 1,500 billion
• Maintenance of the 49% foreign ownership cap for commodity exchange operators
• New information technology, cybersecurity and market surveillance requirements
• Establishment of an independent clearing and settlement mechanism aligned with international practices
• Enhanced regulatory oversight through real-time monitoring and reporting systems

The new framework aims to improve market transparency, strengthen risk management and support the development of Vietnam’s commodities market. Businesses involved in commodities trading, logistics, agribusiness and financial services should assess whether the new requirements may affect their operations or investment plans.

The Decree will take effect on 15 September 2026.

Launching regulatory framework for data exchanges

The Government issued Decree 314/2026/ND-CP on the operation of data exchanges on 8 August 2026. The Decree will take effect on 25 September 2026, establishing one of Vietnam’s first comprehensive legal frameworks governing the trading of data, data products and data-related services.

Under the Decree:

• Foreign organisations wishing to participate in data exchange transactions must maintain a commercial presence, branch or representative office in Vietnam in accordance with the provisions of Vietnamese law or international treaties to which Vietnam is a party.
• Data listed for trading must have a lawful and verifiable origin. The provision of information, records and documents does not include content constituting trade secrets or other information subject to legal protection, unless otherwise provided by law.
• Personal data cannot be traded unless it has been appropriately de-identified and complies with applicable data protection laws.
• Participants must comply with requirements relating to data security, intellectual property, cybersecurity, traceability and transparency.
• Data exchange operators will be responsible for maintaining relevant records and documents to facilitate reconciliation, lookup, dispute resolution and inspections by competent state authorities.

The Decree represents an important milestone in Vietnam’s digital economy strategy and may create new opportunities for technology companies, data service providers and foreign investors operating in digital sectors. Businesses handling large volumes of data should review their governance, compliance and data management frameworks ahead of the effective date.

Procedures for obtaining an electronic identification account for foreigners

On 13 August 2026, the Government issued Decree 320/2026/ND-CP, amending Decree 69/2024/ND-CP on electronic identification and authentication. The Decree broadens access to electronic identification (e-ID) accounts for foreigners in Vietnam and introduces a single registration procedure, no distinction between Level 1 and Level 2 e-ID accounts.

Under the new regulations:

• Foreigners must visit the Immigration Department of the provincial-level Police Authority and present their passport or other valid international travel document when applying for an e-ID account.
• Applicants are required to provide complete and accurate information on the prescribed application form (Form TK01), including a mobile phone number registered in the applicant’s own name, email address (if any) and any additional information to be integrated into the National Identification Application (VNeID).
• The receiving officer will enter the applicant’s information into the electronic identification system, collect facial image and fingerprint data for verification against the National Immigration Database and assist the applicant in downloading and registering on the National Identification Application.
• Following verification, the Immigration Authority will submit a request for account issuance to the authority responsible for operating the electronic identification and authentication system.
• The application result will be notified to the applicant via the National Identification Application, registered mobile phone number or email address.

For foreigners under 14 years of age, persons under guardianship, or legally represented individuals, the application must be submitted together with their legal representative or guardian. In such cases, the representative or guardian must use their own registered mobile phone number to complete the e-ID account registration process.

The processing time is generally up to two working days where the applicant’s facial image and fingerprint information is already available in the National Immigration Database, and up to five working days where such biometric information is not yet available

Decree 320/2026/ND-CP will take effect from 28 September 2026.

Identifying Ultimate Beneficial Owners under Vietnam’s Enterprise Law

Recently, Vietnam’s amended Enterprise Law introduces new requirements relating to the identification and declaration of ultimate beneficial owners (UBOs). More recently, Decree 296/2026/ND-CP, effective from 23 July 2026, has further clarified how UBOs are to be identified in practice. Enterprises will be expected to maintain updated records of individuals who ultimately own or control the business, either directly or indirectly, as part of Vietnam’s ongoing efforts to enhance corporate transparency and align with international anti-money laundering standards.

Companies with complex ownership structures, offshore holding entities or multiple layers of shareholders should review their current corporate records and ownership information to ensure compliance with the new disclosure requirements. Early preparation may help avoid delays during company registration, licensing amendments and regulatory inspections.

For a comprehensive overview of the changes and their implications, please see our full article here.

New apostille process eases document authentication in Vietnam

Vietnam officially became a member of the Hague Apostille Convention, simplifying the process of authenticating foreign public documents for use in Vietnam and Vietnamese documents for use abroad, from 11 September 2026. The new Apostille mechanism reduces the need for multiple layers of consular legalisation in participating jurisdictions, helping businesses and individuals save time and administrative costs.

The change is particularly relevant for foreign investors, multinational companies and expatriates who regularly submit overseas corporate documents, powers of attorney, educational certificates and personal records as part of investment, employment and immigration procedures.

Compared with the traditional legalisation process, the Apostille system offers several practical benefits:

• Reduced administrative complexity: eliminating consular legalisation removes an entire procedural layer from the authentication process
• Faster processing: fewer authorities are involved, which generally results in shorter processing times
• Lower costs: applicants may save on consular legalisation fees, courier services, agent fees and administrative expenses
• Greater efficiency for cross-border activities: documents can move across jurisdictions more quickly, supporting international transactions, employment, education and investment

For more details, please read our full article here.

Vietnam eases foreign investment procedures under Resolutions 66.17 and 66.18

The Government has introduced important reforms under Resolutions 66.17 and 66.18, aimed at simplifying foreign investment entry procedures and enhancing Vietnam’s investment environment. The reforms streamline licensing requirements, reduce administrative burdens and introduce a more efficient incorporation process for certain foreign-invested enterprises.

Among the most notable changes is the move towards an Enterprise Registration Certificate (ERC)-first approach in specific circumstances, which may shorten establishment timelines and improve procedural certainty for foreign investors entering the Vietnamese market. The reforms reflect Vietnam’s broader commitment to attracting high-quality investment and improving ease of doing business.

A detailed analysis is available in our full article here.

For more information on tax updates and other compliance requirements for businesses operating in Vietnam, follow our monthly releases on the website and social media channels at vietnam.acclime.com