LEGAL NEWS BULLETIN KEY POINTS OF THE LAW ON INVESTMENT 2025

LEGAL NEWS BULLETIN KEY POINTS OF THE LAW ON INVESTMENT 2025

LEGAL NEWS BULLETIN KEY POINTS OF THE LAW ON INVESTMENT 2025

A. GENERAL INFORMATION

  • Date of promulgation: 11/12/2025.
  • Effective date: From 01/03/2026. Article 7 and Appendix IV shall take effect from 01/07/2026; Clause 3 Article 50 shall take effect from 01/01/2026.
  • Scope of regulation: Regulating investment and business activities in Vietnam and outward investment activities from Vietnam to foreign countries.
  • Transitional provisions: Investors that were granted Investment Licenses, Investment Incentive Certificates, Investment Certificates, Investment Registration Certificates, or written decisions or approvals of investment policy prior to the effective date of this Law shall continue to implement their projects in accordance with the issued documents.

B. KEY ISSUES TO NOTE

1. Addition of prohibited investment and business sectors

  • Key updates: Additional prohibited sectors include trading in national treasures; export of relics and antiques; e-cigarettes and heated tobacco products. This is a completely new provision compared to the Law on Investment 2020. For the first time, these business activities are officially added to the list of prohibited investment and business sectors.
  • Legal basis: Clause 1 Article 6 of the Law on Investment 2025[1].

2. Reduction and transformation of management methods for conditional investment and business sectors

  • Key updates: Abolition of 38 sectors and amendment of the regulatory scope of 20 conditional investment and business sectors. A strong shift from “pre-licensing” (granting permits and certificates) to “post-licensing supervision” (publicizing requirements and business conditions).
  • Legal basis: Article 7 and Appendix IV of the Law on Investment 2025[2].

3. Amendments and supplements to forms of investment support and investment incentives

  • Key updates: Addition of new forms of investment support such as green transition and digital transformation, and the introduction of an open framework for investment support, while clarifying the authority of state agencies. The method of identifying incentivized sectors is changed from a listing approach to a development-oriented approach, expanding to new sectors such as semiconductors and the digital economy. At the same time, special investment incentives are made more flexible by abolishing rigid criteria and assigning the Government to provide detailed regulations, and expanding the scope of application to strategic technology sectors.
  • Legal basis: Articles 14, 15 and 17 of the Law on Investment 2025[3].

4. Establishment of economic organizations by foreign investors

  • Key updates: Foreign investors are permitted to establish economic organizations to implement investment projects before carrying out procedures for the issuance or adjustment of Investment Registration Certificates. Under the previous law, foreign investors were required to have a project before establishing an enterprise.
  • Legal basis: Clause 2 Article 19 of the Law on Investment 2025[4].

5. Additional provisions on cases where foreign investors must carry out registration procedures for capital contribution, share purchase, or capital contribution purchase upon changes in members or shareholders

  • Key updates: Additional provisions on cases where foreign investors must conduct registration procedures prior to capital contribution, share purchase, or capital contribution purchase, including: cases of increasing ownership ratio in conditional sectors; cases of exceeding or increasing ownership above 50% of charter capital; and cases where economic organizations hold land use rights in sensitive areas related to national defense and security such as border areas, coastal areas, and islands.
  • Legal basis: Clause 3 Article 21 of the Law on Investment 2025[5].

6. Clarification and narrowing of projects subject to investment policy approval

  • Key updates: Detailed provisions on 20 specific types of projects subject to investment policy approval, while clearly excluding certain projects that are not required to carry out this procedure (such as auctioned mineral exploitation projects and industrial cluster infrastructure projects). The authority for approval is also strongly decentralized to the Prime Minister and Chairpersons of provincial People’s Committees.
  • Legal basis: Articles 24 and 25 of the Law on Investment 2025[6].

7. Removal of two cases requiring adjustment of investment projects

  • Key updates: The Law retains only five cases in which investors are required to carry out procedures for approval of adjustment of investment policy. Two cases have been abolished compared to the Law on Investment 2020, including: (i) changes in total investment capital of 20% or more resulting in changes in project scale; and (ii) changes to technologies that have been appraised.
  • Legal basis: Clause 3 Article 33 of the Law on Investment 2025[7].

8. Allowing flexibility in adjusting the duration of investment projects

  • Key updates: During project implementation, investors are allowed to proactively increase or decrease the duration of investment projects, provided that the adjusted duration does not exceed the prescribed limits (50 years or 70 years depending on the area). Compared to the Law on Investment 2020, this is significantly more flexible, as previously extensions were only allowed when the project duration was about to expire.
  • Legal basis: Clause 4 Article 31 of the Law on Investment 2025[8].

9. Expansion of the right to apply special investment procesures

  • Key updates: Investors in industrial zones, export processing zones, high-tech zones, concentrated digital technology zones, free trade zones, and international financial centers have the right to opt for special investment procedures. Projects under this mechanism are not required to obtain investment policy approval, environmental impact assessment reports, detailed planning, construction permits, or fire prevention and fighting approvals, and are instead implemented based on a commitment mechanism to satisfy conditions.
  • Legal basis: Article 28 of the Law on Investment 2025[9].

10. Simplification of outward investment procedures

  • Key updates: Abolition of the requirement for approval of outward investment policy (previously under the authority of the National Assembly and the Prime Minister). Instead, only the procedure for issuance of an Outward Investment Registration Certificate by the Ministry of Finance is required for applicable projects; in cases of large-scale projects or those with special mechanisms, a report must be submitted to the Prime Minister for consideration before issuance. At the same time, detailed provisions on the implementation of outward investment activities (such as opening capital accounts, transferring capital, using and remitting profits) are converted into framework regulations, with detailed guidance assigned to the Government, in order to enhance flexibility.
  • Legal basis: Articles 41, 42 and 43 of the Law on Investment 2025[10].

11. Changes in regulations applicable to the transfer of investment projects

  • Key updates: Regulations on the transfer of investment projects under investment law are expanded to apply to all projects that have been decided on investment policy, approved for investment policy (or adjusted), or granted or adjusted Investment Registration Certificates. Previously, the Law on Real Estate Business applied more narrowly.
  • Legal basis: Clause 7 Article 51 of the Law on Investment 2025[11].

[1] Article 6. Banned business lines

1. The business investment activities below are banned: i) Trade in national treasures; k) Trade in and export of relics and antiques; l) Trade in electronic cigarettes and heated tobacco products.”.

[2] Article 7. Conditional business lines

1. Conditional business line means a business line in the territory of Vietnam in which the business investment must satisfy necessary conditions for reasons of national defense and security, social order and security, social ethics, or the health of the community. The List of conditional business lines is specified in Appendix IV to this Law.

The Government shall introduce a List of conditional business lines requiring licensing and certification before commencing investment and business activities, and a List of conditional business lines requiring a shift in the business condition management method from licensing and certification to declaration of fulfillment of business requirements and conditions for adoption of the post-inspection management method.”.

[3] Article 14. Investment incentives and investment support

3. Forms of investment support include… h) Support for green transition, emission reduction, climate change adaptation and digital transformation; i) Other forms of investment support as prescribed by the Government.”.

Article 15. Business lines and geographical areas eligible for investment incentives

1. Business lines eligible for investment incentives are business lines prioritized to attract investment to achieve the following objectives:

a) Science and technology development, innovation, digital transformation, digital technology industry and semiconductor industry;… h) Development of key chemical industries, key mechanical engineering industries, supporting industries; development of pharmaceutical industry.”.

Article 17. Special investment incentives and support

2. Objects eligible for special investment incentives and support specified in clause 1 of this Article include:

a) Projects on investment in establishment (including the expansion of such newly established project) of new innovation centers and research and development centers, investment projects on construction of big data center infrastructure, cloud computing infrastructure, 5G-and-above mobile infrastructure, and other digital infrastructure in the field of strategic technology as decided by the Prime Minister; investment projects in the field of strategic technology and production of strategic technology products as decided by the Prime Minister with investment capital and disbursement deadlines as prescribed by the Government; national innovation centers established by decisions of the Prime Minister.”.

[4] Article 19. Investment in establishment of an economic organization

2. A foreign investor is entitled to establish an economic organization to execute an investment project before following the procedures for issuance or adjustment of an investment registration certificate and must satisfy the market access conditions applied to foreign investors set out in Article 8 of this Law upon following the procedures for establishing an economic organization.”.

[5] Article 21. Investment in form of capital contribution or purchase of shares or stakes

3. A foreign investor shall follow procedures for registering their contribution of capital to or purchase of shares or stakes of an economic organization prior to the change of members or shareholders if they fall into one of the following cases:

a) The capital contribution or purchase of shares or stakes leads to an increase in the foreign investors’ ownership in the economic organization conducting business in the restricted business lines;… c) The foreign investor contributes capital to or purchases shares or stakes of an economic organization that holds a certificate of rights to use land on an island or on a commune, ward or special zone in a border area; coastal commune or ward; in another area that affects national defense and security.”.

[6] “Article 24. Projects subject to investment policy approval

1. Investment projects that require repurposing of land of special-use forests, headwater protection forests or border protection forest of 50 hectares or more; of wind- and sand-shielding protection forests or protection forests for tide shielding and sea encroachment prevention of 500 hectares or more; of production forests of 1,000 hectares or more;…

20. Investment projects that require application of a special mechanism or policy which is different from that prescribed by laws and resolutions of the National Assembly.

Article 25. Authority to grant investment policy approval

2. Except the case specified in clause 1 of this Article, the Prime Minister shall grant investment policy approval

3. Except the investment projects specified in clause 1 and clause 2 of this Article, the Chairperson of the provincial People’s Committee shall grant investment policy approval.”.

[7] “Article 33. Adjustment of investment projects

3. An investor executing an investment project granted the investment policy approval shall follow procedures for investment policy adjustment approval in one of the following cases: b) The area of land used is increased or reduced is changed according to the Government’s regulations, the investment location is changed; c) The investment project execution schedule is extended by no more than 24 months as prescribed in clause 4 of this Article; d) The operating duration of the investment project is adjusted.”.

[8] Article 31. Operating duration and execution schedule of investment projects

4. During the execution of an investment project, the investor may increase or reduce the project’s operating duration. The operating duration of the investment project after the increase or reduction must not exceed the duration stipulated in clauses 1 and 2 of this Article.”.

[9] Article 28. Special investment procedures

1. An investor is entitled to register their investment in accordance with the provisions of this Article with regard to an investment project in an industrial park, export-processing zone, hi-tech zone, concentrated digital technology zone, free trade zone, international financial center or functional section in an economic zone, except a project requiring investment policy approval as prescribed by the Government. 2. An investment project registered under the provisions of this Article are not required to follow the procedures for investment policy approval, technology appraisal, preparation of an environmental impact assessment report or preparation of a detailed planning scheme, issuance of a construction permit, and other procedures for approval, acceptance, and permission in the fields of construction and fire prevention and fighting.”.

[10] Article 42. Issuance, adjustment and invalidation of outward investment registration certificates

1. The Ministry of Finance shall issue, adjust and invalidate outward investment registration certificates for projects with a level of outward investment capital prescribed by the Government or investment projects involved in the fields under business lines subject to conditional outward investment as specified in clause 1 Article 41 of this Law. Where necessary, the Ministry of Finance may delegate the authority to issue, adjust and invalidate outward investment registration certificates to organizations under the Ministry.

Article 43. Conduct of outward investment activities

The Government shall stipulate the opening of outward investment capital accounts, transfer of investment capital overseas, use of profit overseas, repatriation of profit and conduct of outward investment activities.”.

[11] Article 51. Effect

7. The provisions of clause 1 Article 41 of the Law on Real Estate Business No. 29/2023/QH15 apply to projects which have received investment policy decisions, investment policy adjustment decisions, investment policy approvals and investment policy adjustment approvals or have been granted investment registration certificates or adjusted investment registration certificates in accordance with the law on investment.”.

 

NEED-TO-KNOW LEGAL ISSUES IN PERSONAL DATA PROTECTION

NEED-TO-KNOW LEGAL ISSUES IN PERSONAL DATA PROTECTION

NEED-TO-KNOW
LEGAL ISSUES IN PERSONAL DATA PROTECTION

1. OVERVIEW

  • Promulgation and Entry into Force: The Law on Personal Data Protection (Law No. 91/2025/QH15) was ratified by the National Assembly on June 26, 2025. To provide further details, the Government issued Decree No. 356/2025/ND-CP on December 31, 2025. Both legal documents officially come into force as of January 1, 2026. From this date, Decree No. 13/2023/ND-CP shall cease to have effect.
  • Scope and Regulated Entities: The Law applies to Vietnamese agencies, organizations, and individuals; foreign agencies, organizations, and individuals in Vietnam; and foreign entities directly participating in or involved in the processing of personal data of Vietnamese citizens and persons of Vietnamese origin without determined nationality residing in Vietnam who have been issued with identification certificates.
  • Transitional Provisions: Personal data processing activities conducted with the consent of data subjects or under agreements as prescribed in Decree No. 13/2023/ND-CP before the effective date of this Law shall continue to be carried out without the need to obtain new consent. Dossiers for impact assessment of personal data processing and cross-border transfer received by authorities before the effective date continue to be used, however, any updates made after the effective date must comply with the new Law. Notably, small-sized enterprises and startups may choose whether or not to implement regulations on preparing impact assessment dossiers and designating personal data protection personnel within 5 years from the effective date. This exemption does not apply if the entity provides personal data processing services, directly processes sensitive personal data, or reaches a processing scale of 100,000 or more personal data subject matters. Household businesses and micro-enterprises are also eligible for these exceptions under similar conditions.

 2. KEY ISSUES TO NOTE

Firstly, Classification and Principles of Personal Data Processing

  • Main Content: Personal data is categorized into two groups: Basic personal data (including surname, middle name, and given name, date of birth, place of residence, phone number, images of the individual, etc.). Sensitive personal data (including opinions on religion, health status biometric data and genetic characteristics, financial, banking, and credit information, location data, etc.). The collection and processing of personal data must be conducted with the consent of the personal data subject matter, except for specific cases such as protecting the life and health of the data subject or others in urgent cases or responding to emergencies.
  • Legal Basis: Article 2, Article 9 and Article 19 of the Law on Personal Data Protection 2025; Article 3, Article 4, and Article 5 of Decree No. 356/2025/ND-CP.
  • Conditions, Procedures and Obligations: In the course of processing sensitive personal data, agencies and organizations must establish regulations on access authorization and restriction, processing procedures, and confidentiality measures. Personal data controlling parties and personal data processing and controlling parties must develop clear procedures and forms for the exercise of the rights of the personal data subject matter (such as the right to withdraw consent or request data deletion). Response and implementation timelines are strictly regulated: authorities/organizations must respond within 02 working days and complete the implementation within 10 to 30 days depending on the type of request (e.g., 10 days for modification, 15 days for cessation of processing, and 20 days for deletion).
  • Relevant Entities: All individuals, enterprises, and organizations participating in or involved in the collection and storage of customer or employee information.

Secondly, Preparation of Impact Assessment Dossiers for Personal Data Processing and Cross-border Transfer

  • Main Content: The personal data controlling party, personal data processing and controlling party, and personal data processing party are mandatory to prepare impact assessment dossiers when performing personal data processing or cross-border personal data transfer. This includes activities such as transferring personal data collected and stored in Vietnam to server systems or cloud computing services located outside the territory of Vietnam.
  • Legal Basis: Articles 20, 21 and 22 of the Law on Personal Data Protection 2025; Articles 17 to 20 of Decree No. 356/2025/ND-CP.
  • Conditions, Procedures and Obligations: Relevant entities must prepare and send 01 original complete dossier to the personal data protection authority (Ministry of Public Security) within 60 days from the date of commencement of personal data processing or cross-border transfer. Dossiers must be updated biannually (every 6 months) if there are changes to the purposes of transfer/processing or changes in the parties involved. Immediate updates must be performed within 10 days in cases of reorganization, operational termination, or when new business services concerning personal data processing arise.
  • Relevant Entities: Personal data controlling and processing parties, especially foreign entities, and organizations utilizing international software solutions or cross-border cloud platforms.

Thirdly, Assignment of Forces, Units, and Personnel for Personal Data Protection

  • Main Content: Agencies and organizations are responsible for designating personal data protection units or personnel with adequate capacity or hiring independent personal data protection service providers.
  • Legal Basis: Article 33 of the Law on Personal Data Protection 2025; Articles 13 to 16 of Decree No. 356/2025/ND-CP
  • Conditions, Procedures and Obligations: Designated personnel must hold at least a college-level degree or higher and have at least 02 years of working experience (or 03 years in the case of individuals providing hired services) related to fields such as legal affairs, information technology, risk management, or compliance control. These individuals must have received training and advanced training in legal knowledge and professional skills relating to personal data protection. The designation of personnel or units must be formalized through an official written document of the relevant agency or organization.
  • Relevant Entities: All agencies, organizations, and enterprises are generally required to comply. However, small-sized enterprises, startups, household businesses, and micro-enterprises are eligible for an exception and may choose whether or not to implement these personnel regulations within 05 years from the effective date of the Law. This exemption does not apply if the entity provides personal data processing services, directly processes sensitive personal data, or reaches a processing scale of 100,000 or more personal data subject matters.

Fourthly, Notification of Incidents and Violations of Personal Data Protection

  • Main Content: Whenever violations against personal data protection regulations are detected that may harm national defense, security, social order, and safety or infringe on the life, health, honor, dignity, and property of personal data subject matters, organizations and individuals must issue notices to the competent authorities.
  • Legal Basis: Article 23 of the Law on Personal Data Protection 2025; Articles 8, 28, and 29 of Decree No. 356/2025/ND-CP.
  • Conditions, Procedures and Obligations: The notification to the personal data protection authority (Ministry of Public Security) must be issued within 72 hours from the detection of such violations. The personal data controlling party or personal data processing and controlling party must prepare a written confirmation of violations, implement measures to remedy consequences, and cooperate with the personal data protection authority in handling the violation.
    Special Note: For organizations operating in finance, banking, and credit information activities, or when a violation incident involves personal location data or biometric data, the organization is mandatory to notify both the personal data protection authority and the affected personal data subject matter within no more than 72 hours from the time the violation is detected.
  • Relevant Entities: Entities engaged in large-scale personal data collection, providers of platform application services providing personal location data, banks, credit institutions, securities institutions, and insurers.

Fifthly, Business of Providing Personal Data Processing Services

  • Main Content: Activities such as services for analysis and utilization of personal data; services for scoring, rating, and assessing the creditworthiness of personal data subject matters; and providing/operating automated systems and software to process personal data on behalf of the personal data controlling party (e.g., SaaS, cloud computing) have officially become business lines for personal data processing services.
  • Legal Basis: Articles 21 to 27 of Decree No. 356/2025/ND-CP
  • Conditions, Procedures and Obligations: Organizations wishing to conduct business in this field are mandatory to obtain a Certificate of eligibility for providing personal data processing services issued by the Ministry of Public Security. Business conditions include: the head responsible for professional matters related to personal data processing must be a Vietnamese citizen permanently residing in Vietnam; having at least 03 personnel satisfying the statutory competency conditions for personal data protection; meeting standards for infrastructure, equipment systems, facilities, and technology suitable for the processing services. The application dossier includes: An application (Form No. 04), a business proposal, and relevant personnel dossiers (diplomas and documents proving qualifications).
  • Relevant Entities: Digital technology enterprises, tech companies (AI, Big Data, Blockchain, Cloud), data analysis centers, and organizations providing enterprise software services or behavioral advertising.

In summary, to ensure compliance, relevant organizations and individuals may need to perform the following:

  • Review and classify personal data: Clearly distinguish between basic personal data and sensitive personal data within current storage systems.
  • Standardize procedures and forms: Update internal regulations and contracts; establish lawful methods to obtain consent from personal data subject matters and develop mechanisms to facilitate the exercise of their rights.
  • Designate specialized personnel or units: Issue decisions to appoint personal data protection personnel or a personal data protection unit satisfying the statutory competency conditions or enter into contracts with independent personal data protection service providers.
  • Complete Impact Assessment Dossiers (DPIA/TIA): Prepare and submit dossiers for personal data processing impact assessment and/or cross-border personal data transfer impact assessment to the personal data protection authority (Ministry of Public Security) no later than 60 days from the date of commencement of processing or transfer.
  • Establish incident response procedures: Ensure the internal capability to record and notify the competent authorities within 72 hours from the detection of personal data leaks or violations.
  • Apply for a Certificate of Eligibility: For entities engaged in the business of providing personal data processing services, prepare qualified personnel and infrastructure, and develop a business proposal to apply for a Certificate of eligibility for providing personal data processing services issued by the Ministry of Public Security.

 

NEED-TO-KNOW LEGAL ISSUES IN ARTIFICIAL INTELLIGENCE

NEED-TO-KNOW LEGAL ISSUES IN ARTIFICIAL INTELLIGENCE

NEED-TO-KNOW
LEGAL ISSUED IN ARTIFICIAL INTELLIGENCE

1. OVERVIEW

  • Date of promulgation: The Law on Artificial Intelligence (Law No. 134/2025/QH15) was ratified by the National Assembly on December 10, 2025, and officially comes into force from March 01, 2026.
  • Scope of regulation: The Law regulates the research, development, provision, deployment, and use of artificial intelligence (hereinafter referred to as “AI”) systems; the rights and obligations of relevant organizations and individuals; and the state management of AI activities in Vietnam. The Law applies to Vietnamese authorities, organizations, and individuals, as well as foreign entities participating in AI activities in Vietnam. It does not apply to AI activities serving only national defense, security, and cipher activities.
  • Transitional provisions: For AI systems put into operation before March 01, 2026, providers and deployers are responsible for fulfilling compliance obligations within the following time limits from the effective date of the Law: 18 months for AI systems in the fields of health, education, and finance; 12 months for other AI systems. During these periods, the systems may continue to operate unless state management authorities determine a risk of causing serious damage and request the suspension or termination of operations.

2. KEY ISSUES TO NOTE

Firstly, Risk-based Classification and Management

  • Main Content and Legal Basis: According to Article 9, AI systems are classified into three risk levels: high, medium, and low. High-risk AI systems are those that cause or pose a risk of significant harm to life, health, legitimate rights and interests of organizations and individuals, national interests, public interests, or national security.
  • Conditions, Procedures and Obligations: Pursuant to Article 10 and Article 14, providers must self-classify AI systems before putting them into operation. For medium-risk and high-risk systems, providers must prepare classification dossiers and notify the classification results to the Ministry of Science and Technology via the single-window website on AI before operation. Specifically, high-risk AI systems must undergo conformity evaluation before operation; establish and maintain risk management measures; archive technical dossiers and activity logs; and ensure human oversight and intervention capabilities. Foreign providers with high-risk AI systems provided in Vietnam must have a legal contact point; in cases where the system is subject to mandatory conformity certification, they must have a commercial presence or an authorized representative in Vietnam.
  • Relevant Entities: Enterprises and organizations acting as providers (those who provide systems to the market) and deployers (those using systems to provide services) need to prioritize these regulations to perform classification and maintain continuous system conformity.

Secondly, Transparency Obligations and Prohibited Activities

  • Main Content and Legal Basis: Detailed provisions are set out in Article 11 regarding transparency responsibility and Article 7 regarding prohibited activities in AI activities.
  • Conditions, Procedures and Obligations: Providers must ensure that AI systems interacting directly with humans are designed and operated so that users can recognize when they are interacting with the systems. Audio, images, and videos generated or edited by AI systems to simulate or imitate the appearance or voice of real persons (such as deepfakes) or reenact actual events must be marked in a machine-readable format and labeled clearly to distinguish them from human-made content and avoid confusion. Simultaneously, the Law strictly prohibits developing, providing, deploying, or using AI systems to deceive or manipulate human perception and behaviors; exploiting the vulnerabilities of vulnerable groups (including children, the elderly, persons with disabilities, etc.). It is also prohibited to collect, handle, or use data to train AI systems against the laws on protection of personal data or to conceal information that must be disclosed, transparent, or explained.
  • Relevant Entities: Developers, digital content solution providers, and application platforms directly interacting with users need to establish notification labeling features and automated content moderation systems.

Thirdly, AI Regulatory Sandbox

  • Main Content and Legal Basis: Article 21 regulates the AI regulatory sandbox to encourage innovation.
  • Conditions, Procedures and Obligations: The sandbox is conducted under the supervision of competent state authorities, which are responsible for receiving and appraising dossiers in accordance with fast appraisal and response procedures. Authorities have the power to decide on the suspension or termination of the sandbox if risks to security, rights, or legitimate interests of organizations and individuals are detected. The results from the sandbox serve as a critical basis for the State to consider the recognition of conformity evaluation results, or the exemption, reduction, or adjustment of obligations prescribed in the Law.
  • Relevant Entities: Digital technology enterprises and startups developing new AI products and services that require a controlled, real-world environment for research, production, and commercialization.

Fourthly, Incident Management

  • Main Content and Legal Basis: Article 12 stipulates the responsibilities for reporting and handling serious incidents, which are events occurring during the operation of an AI system that cause or pose a risk of significant harm to life, health, human rights, property, cybersecurity, etc.
  • Conditions, Procedures and Obligations: When a serious incident occurs, developers and providers must promptly apply technical measures to fix, suspend, or recall the system, and notify competent authorities. Deployers and users are obligated to promptly record and notify incidents and cooperate in the fixing process. The entire process of reporting and handling incidents must be conducted via the single-window website on AI.
  • Relevant Entities: Developers, providers, deployers, and users all bear responsibilities for ensuring security and reliability, with specific obligations assigned to each entity based on the level of incident response.

In summary, to ensure compliance, relevant organizations and individuals may need to perform the following:

  • Review, evaluate, and self-classify the risk levels (high, medium, and low) for AI systems currently under development or being provided to the market.
  • Prepare notification procedures for medium-risk and high-risk AI systems; conduct conformity evaluation for high-risk AI systems.
  • Implement labeling mechanisms and mark content in a machine-readable format for AI-generated outputs to fulfill transparency responsibilities.
  • Establish adjustment plans for existing AI systems within the transitional period (12 to 18 months starting from March 01, 2026).
  • Develop internal procedures for archiving technical dossiers and activity logs, data management, and establishing incident response scenarios and online reporting via the single-window website on AI when serious incidents occur.

 

 

 

 

 

LEGAL UPDATE RELATING TO FINANCE AND CREDIT  (MONTHLY LEGAL UPDATE – 03/2026)

LEGAL UPDATE RELATING TO FINANCE AND CREDIT (MONTHLY LEGAL UPDATE – 03/2026)

1. Legal documents are issued in 02/2026

1.1. Decision No. 223/QD-BTC promulgating the announcement of newly issued administrative procedures in the field of the domestic carbon exchange under the management functions of the Ministry of Finance

  • Name of legal document: Decision No. 223/QD-BTC dated 03/02/2026 issues by the Ministry of Finance promulgating the announcement of newly issued administrative procedures in the field of the domestic carbon exchange under the management functions of the Ministry of Finance (hereinafter referred to as “Decision No. 223/QD-BTC”).
  • Effective date: 03/02/2026.

The content should be noted: Newly promulgates the Procedure for approval of commercial banks to act as settlement banks as listed in Section I.1 of the newly issued administrative procedures in the field of the domestic carbon exchange promulgated together with Decision No. 223/QD-BTC.

2. Legal documents are effective in 03/2026

2.1. Circular No. 25/2025/TT-NHNN on amendments to a number of articles of Circular No. 17/2024/TT-NHNN on opening and use of payment accounts at payment service providers

  • Name of legal document: Circular 25/2025/TT-NHNN dated 31/08/2025 issues by the State Bank of Vietnam on amendments to a number of articles of Circular No. 17/2024/TT-NHNN on opening and use of payment accounts at payment service providers (hereinafter referred to as “Circular No. 25/2025/TT-NHNN”).
  • Effective date: 31/08/2025.

The content should be noted: Account opening and use agreement.

Specifically, Article 4 and Clause 2, Article 15 of Circular No. 25/2025/TT-NHNN stipulates: “Article 4. Addition of Point c1 after Point c Clause 1 Article 13

“c1) Payment account number and payment account name. The payment account name shall be designated as follows:

(i) For an individual payment account, the payment account name shall be designated according to the full name on the customer’s identity documents;

(ii) For an organizational payment account, the payment account name shall include the name of the organization stated on the establishment license, establishment decision, enterprise registration certificate, or documents proving lawful establishment and operation;

(iii) For a joint payment account, the payment account name shall be designated by the bank or foreign bank branch on the basis of reflecting the names of the payment account holders and must not coincide with the payment account names of other individuals or organizations.”.”.

Article 15. Entry into force

  1. Article 4 of this Circular comes into force as of March 1, 2026.”.

2.2. Circular No. 59/2025/TT-NHNN regulating the provision and use of specialized electronic signatures and specialized electronic signature certificates of the State Bank

  • Name of legal document: Circular No. 59/2025/TT-NHNN dated 29/12/2025 issues by the State Bank of Vietnam regulating the provision and use of specialized electronic signatures and specialized electronic signature certificates of the State Bank (hereinafter referred to as “Circular No. 59/2025/TT-NHNN”).
  • Effective date: 01/03/2026.

The content should be noted: Extension and change of information contents of electronic signature certificates.

Specifically, Article 10 of Circular No. 59/2025/TT-NHNN stipulates: “Article 10. Extension and change of information contents of electronic signature certificates

  1. Conditions for extension and change of information contents of electronic signature certificatesa) The electronic signature certificate must remain valid;b) The subscriber management organization must submit a dossier requesting the extension or change of the information contents of the electronic signature certificate at least 10 days before the expiration of the electronic signature certificate.
  2. Validity period of electronic signature certificatesa) The validity period of the electronic signature certificate shall be calculated from the time the subscriber successfully performs the extension. In case the requested extension period exceeds the remaining validity period of the original electronic signature certificate of the State Bank, the validity period of the extended electronic signature certificate shall be the remaining validity period of the original electronic signature certificate of the State Bank;b) The change of information contents of the electronic signature certificate shall not change the validity period of the electronic signature certificate.
  3. Cases of change of information contents of electronic signature certificatesa) The subscriber changes title or position;b) The subscriber changes information on address, email, telephone number, or passport;c) The subscriber changes the working department (division/section) but does not change the unit/branch. In case the subscriber changes to another working unit/branch, the subscriber management organization shall carry out the procedure for revocation of the electronic signature certificate at the former working unit/branch and issue an electronic signature certificate at the new working unit/branch for the subscriber (if there is a demand for continued use);d) In case the policy on restructuring the state organizational apparatus or reorganizing administrative units at all levels results in the need to change the information of the subscriber’s electronic signature certificate, the Information Technology Department shall send a notification to the subscriber management organization and carry out the change of the subscriber’s electronic signature certificate information.
  4. The subscriber management organization shall send 01 (one) dossier requesting the extension or change of information contents of the electronic signature certificate for the cases specified in Points a, b, c Clause 3 of this Article, including the Application for extension or change of information contents of the electronic signature certificate according to Appendix III issued together with this Circular.
  5. Time limit for settlement and implementation results

Within 02 working days from the date of receipt of a valid dossier requesting the extension or change of information contents of the electronic signature certificate, the Information Technology Department shall carry out the extension or change of the electronic signature certificate for the subscriber.

Within 01 working day from the date of receipt of the dossier, if the dossier is invalid, the Information Technology Department shall refuse to process the dossier and clearly state the reason. The feedback information and the results of dossier processing shall comply with the provisions in Clause 3 Article 6 of this Circular.

Upon receiving the notification of approval for the extension of the electronic signature certificate, the subscriber shall perform the extension of the electronic signature certificate in accordance with the guidance documents on activation and extension of electronic signature certificates published on the State Bank’s electronic information portal.”.”.

2.3. Circular No. 77/2025/TT-NHNN amending and supplementing some articles of Circular No. 50/2024/TT-NHNN of the Governor of the State Bank of Vietnam providing for security and confidentiality during provision of online banking services

  • Name of legal document: Circular N 77/2025/TT-NHNN dated 31/12/2025 issues by the State Bank of Vietnam amending and supplementing some articles of circular no. 50/2024/TT-NHNN of the Governor of the State Bank of Vietnam providing for security and confidentiality during provision of online banking services (hereinafter referred to as “Circular No. 77/2025/TT-NHNN”).
  • Effective date: 01/03/2026.

The content should be noted: Transaction authentication.

Specifically, Article 6 of No. 77/2025/TT-NHNN stipulates: “Article 6. Amending and supplementing some points and clauses of Article 10

  1. Point a clause 1 of Article 10 is amended and supplemented as follows:

“a) For payment transactions using checking accounts or e-wallets or mobile money accounts or money transfer transactions from debit cards or identified prepaid cards, the unit shall classify transactions by their type specified in the Appendix 01 to this Circular and apply the authentication form specified in the Appendix 02 to this Circular, except for the regulations set out under points b, c, d and dd of this clause;”.

  1. Point d clause 1 of Article 10 is amended and supplemented as follows:“d) For transactions in which the unit automatically debits checking accounts, automatically debits e-wallets, automatically debits mobile money accounts or automatically makes payments from the clients’ cards as agreed upon with clients, the transaction authentication specified in points a and c clause 1 of this Article is not required;”.
  1. Clause 2 of Article 10 is amended and supplemented as follows:

“2. For services registered for automatic payments from checking accounts, e-wallets, mobile money accounts and cards of clients, the unit must apply at least one of the authentication forms specified in clauses 3, 4, 5, 7, 8 and 9 Article 11 of this Circular.”.”.

2.4. Decree No. 357/2025/ND-CP on development and management of the information system and database on housing and real estate market

  • Name of legal document: Decree N 357/2025/ND-CP dated 31/12/2025 issues by the Government of Vietnam on development and management of the information system and database on housing and real estate market (hereinafter referred to as “Decree No. 357/2025/ND-CP”).
  • Effective date: 01/03/2026.

The content should be noted: The State Bank of Vietnam shall cooperate and share information and data on credit in the real estate.

Specifically, Clause 4, Article 28  of No. 77/2025/TT-NHNN stipulates: “4. The State Bank of Vietnam shall cooperate and share information and data on credit in the real estate including:

a) Outstanding credit for investment and business in real estate activities including credit outstanding for investors to invest in construction, repair of houses for sale, lease, or lease-purchase; credit outstanding for investment in construction, purchase, lease of offices and high-rise buildings for sale, lease, or lease-purchase; credit outstanding for investment in technical infrastructure, construction works in industrial zones, industrial clusters, export processing zones, high-tech zones, economic zones for sale, lease, or lease-purchase; credit outstanding for investment in construction, purchase, lease of tourism, ecological, resort areas for sale, lease, or lease-purchase; credit outstanding for investment in construction, purchase, lease of restaurants, hotels for sale, lease, or lease-purchase; credit outstanding for customers buying or leasing houses for sale or lease; credit outstanding for customers buying, transferring, or leasing land use rights for business; credit outstanding for other real estate business investments;

b) Outstanding balance of off-plan housing guarantees;

c) Total credit outstanding in the real estate business;

d) Proportion of credit outstanding for real estate business activities compared to total credit outstanding in the entire economy (%).”.

2.5. Decision No. 151/QD-NHNN promulgating the announcement of amended, supplemented, and abolished administrative procedures in the field of banking information technology activities implemented at the one-stop division under the management functions of the State Bank of Vietnam

  • Name of legal document: Decision No. 151/QD-NHNN dated 02/02/2026 issues by the State Bank of Vietnam promulgating the announcement of amended, supplemented, and abolished administrative procedures in the field of banking information technology activities implemented at the one-stop division under the management functions of the State Bank of Vietnam (hereinafter referred to as “Decision No. 151/QD-NHNN”).
  • Effective date: 01/03/2026.

The content should be noted: Amendment and supplementation of the Procedure for restoration of the electronic signature certificate as listed in Section I.1.4 of the amended, supplemented, and abolished administrative procedures in the field of banking information technology activities under the management functions of the State Bank of Vietnam promulgated together with Decision No. 151/QD-NHNN.

 

2.6. Circular No. 81/2025/TT-NHNN regulating discounting activities of credit institutions and foreign bank branches for customers

  • Name of legal document: Circular No. 81/2025/TT-NHNN dated 31/12/2025 issues by the State Bank of Vietnam regulating discounting activities of credit institutions and foreign bank branches for customers (hereinafter referred to as “Circular No. 81/2025/TT-NHNN”).
  • Effective date: 02/03/2026.

The content should be noted: Types of negotiable instruments and other valuable papers eligible for discounting.

Specifically, Article 5 of Circular No. 81/2025/TT-NHNN stipulates: “Article 5. Types of negotiable instruments and other valuable papers eligible for discounting

  1. Credit institutions may choose to discount the following negotiable instruments:a) Bill of exchange;b) Promissory note;c) Cheque;d) Other negotiable instruments eligible for discounting in accordance with the provisions of law.
  2. Credit institutions may choose to discount the following other valuable papers:a) State Bank bills;b) Government bonds;c) Government-guaranteed bonds;d) Local government bonds;đ) Certificates of deposit and bonds issued by credit institutions in accordance with the provisions of law;e) Bonds issued by other organizations and eligible for discounting in accordance with the provisions of law.”.”.

LEGAL UPDATE RELATING TO FINANCE AND CREDIT  (MONTHLY LEGAL UPDATE – 03/2026)

LEGAL UPDATE RELATING TO FINANCE AND CREDIT (MONTHLY LEGAL UPDATE – 02/2026)

  1. Legal documents are issued in 01/2026

1.1. Directive No. 01/CT-NHNN on the organization and implementation of key tasks of the banking sector in 2026

  • Name of legal document: Directive No. 01/CT-NHNN dated 09/01/2026 issued by the State Bank of Vietnam on the organization of implementation of key tasks of the banking sector in 2026 (hereinafter referred to as “Directive No. 01/CT-NHNN”).
  • Effective date: 09/01/2026.

The content should be noted: Organization of implementation of solutions on monetary policy, credit, and foreign exchange.

Specifically, section 1 Part IV of Directive No. 01/CT-NHNN stipulates: 1. Organizing the implementation of solutions on monetary policy, credit and foreign exchange

1.1. Strictly comply with regulations of the SBV on monetary matters, foreign exchange activities and banking operations.

1.2. CIs, financial institutions and state-owned enterprises shall formulate business plans oriented for 2026 in accordance with the provisions of law and the guidance of the SBV, closely adhering to solutions for the administration of monetary policy, credit and banking activities of the Government and the SBV; strictly comply with the SBV’s directions on planning-oriented criteria; develop plans for increasing charter capital in accordance with the Law on Management and Investment of State Capital in Enterprises No. 68/2025/QH15, the Decrees guiding Law No. 68/2025/QH15, and the Strategy for the Development of the Banking Sector up to 2025, with orientations to 2030.

1.3. Implement solutions for safe, effective and sustainable credit growth; improve credit quality; control and handle non-performing loans. In particular:

– Ensure safe and effective credit growth in compliance with legal regulations, based on liquidity risk management and other related risks.

– Balance capital sources to meet the economy’s credit demand; direct credit to production and business sectors, priority sectors and economic growth drivers,… in line with the policies of the Government, the Prime Minister and the Governor of the SBV; focus on credit investment in feasible key projects and works serving socio-economic development; strictly control credit for sectors with potential risks.

– Continue implementing solutions to facilitate customers (including energy enterprises and private enterprises) in accessing bank credit capital through reviewing and simplifying credit procedures, documentation and collateral requirements,… while ensuring compliance with legal regulations, without loosening credit conditions to ensure operational safety and limit non-performing loans. Diversify appropriate banking credit products and services to meet legitimate capital needs of individuals, enterprises and cooperatives (including enterprises implementing education and training development projects). Enhance the application of digital transformation in credit granting processes to facilitate access to bank credit capital, ensuring strictness and safety.

– Continue vigorously implementing solutions under Resolution No. 68/NQ-TW dated 04/05/2025 and the Action Plan of the Banking Sector (issued together with Decision No. 2415/QĐ-NHNN dated 25/06/2025) on private economic development, and Resolution No. 79-NQ/TW dated 06/01/2026 on state economic development, focusing on improving internal regulations; lending based on production and business plans and market expansion plans; lending along value chains and supply chains; lending based on payment data and cash flows; lending based on forms of collateral in accordance with legal regulations.

– Promote the implementation of credit programs and policies under the direction of the Government and the Prime Minister (such as: the loan program for linking production, processing and consumption of high-quality, low-emission rice products in the Mekong Delta region; the social housing loan program under Resolution No. 33/NQ-CP dated 11/03/2023; the credit program for investment in electricity, transportation infrastructure and strategic technologies according to the list of projects provided by ministries…).

– Strengthen inspection and supervision of credit granting activities in the real estate sector; closely monitor developments in the real estate market to formulate appropriate credit orientations, ensure objective and reasonable valuation of collateral; control credit concentration levels and take measures to limit risks, ensuring the safety of CIs.

– Proactively implement and strengthen Bank–Enterprise connectivity in appropriate forms. Direct branches of CIs to coordinate with local Party committees, authorities and socio-political organizations in information dissemination and communication of credit policies to organizations and individuals; promptly report to SBV regional branches and the head offices of CIs on difficulties and obstacles in credit relations with customers.

1.4. Strictly comply with SBV regulations on interest rates; promptly rectify and handle violations related to improper interest rate practices. Continue to disclose average lending interest rates, the spread between average deposit and lending interest rates, lending interest rates of credit programs and packages, and other lending interest rates (if any) on the websites of CIs.

1.5. Promote the implementation of tasks assigned to the banking sector under national target programs; actively implement assigned tasks under the Banking Sector’s Action Plan for implementing the National Strategy on Green Growth for the period 2021–2030 with a vision to 2050; strengthen environmental risk management in credit granting activities.

1.6. Strictly comply with regulations on periodic statistical reporting regimes and ad hoc reporting requirements of the SBV.”

1.2. Directive No. 02/CT-NHNN on promoting digital transformation and ensuring information security and safety in banking activities in 2026

  • Name of legal document: Directive No. 02/CT-NHNN dated 09/01/2026 issued by the State Bank of Vietnam on promoting digital transformation and ensuring information security and safety in banking activities in 2026 (hereinafter referred to as “Directive No. 02/CT-NHNN”).
  • Effective date: 09/01/2026.

The content should be noted: Promoting digital transformation and ensuring information security and safety for credit institutions, payment intermediary service providers and credit information companies.

Specifically, clauses 1, 2 Part III of Directive No. 02/CT-NHNN stipulates: 1. Develop/update/integrate tasks and promote the implementation of Digital Transformation Plans/Strategies in accordance with the Banking Sector Digital Transformation Strategy to 2030; the Banking Sector Data Strategy to 2030; and the development orientation, resources and capabilities of each entity; with a focus on developing and providing new, safe and convenient products and services in a customer-centric manner, enhancing customer experience.

  1. Proactively research and implement applications of artificial intelligence (AI) and other digital technologies in the provision of banking products and services, including: analysis and prediction of needs; optimization of customer journeys and experiences; fraud detection; information storage and data analysis; optimization and maximum automation of business processes; cost reduction; and provision of instant customer support services through virtual assistants, robots, etc., in accordance with legal regulations and the orientation of NHNN on digital transformation and data, ensuring consistency, synchronization and system connectivity across applications and digital products, thereby enhancing operational efficiency, customer satisfaction and customer loyalty.”.

1.3. Decree No. 05/2026/NĐ-CP on the organization and operation of banking sector inspection

  • Name of legal document: Decree No. 05/2026/NĐ-CP dated 10/01/2026 issued by the Government on the organization and operation of banking sector inspection (hereinafter referred to as “Decree No. 05/2026/NĐ-CP”).
  • Effective date: 15/01/2026.

The content should be noted: Inspection of the State Bank of Vietnam.

Specifically, Article 7 of Decree No. 05/2026/NĐ-CP stipulates: Article 7. Inspection of the State Bank of Vietnam

  1. The Inspection of the State Bank of Vietnam is an administrative organization within the organizational structure of the State Bank of Vietnam, assisting the Governor of the State Bank of Vietnam in state management of inspection activities, citizen reception, settlement of complaints and denunciations, and prevention and control of corruption and other negative practices; conducting inspections of agencies, organizations and individuals under the management authority of the Governor of the State Bank of Vietnam and within the scope of state management of the State Bank of Vietnam; and performing tasks of citizen reception, settlement of complaints and denunciations, and prevention and control of corruption, wastefulness and other negative practices in accordance with law.

The Inspection of the State Bank of Vietnam is subject to the direction and administration of the Governor of the State Bank of Vietnam and is subject to direction on inspection activities and professional guidance from the Government Inspectorate.

  1. The Inspection of the State Bank of Vietnam consists of a Chief Inspector, Deputy Chief Inspectors, inspectors and other civil servants.

The Chief Inspector of the State Bank of Vietnam shall be appointed, reappointed, dismissed, removed from office, transferred, rotated or seconded by the Governor of the State Bank of Vietnam after obtaining written opinions from the Inspector General of the Government Inspectorate.

The Inspection of the State Bank of Vietnam has its own seal.”2. Legal documents are effective in 02/2026

2.1. Circular No. 49/2025/TT-NHNN regulating dossiers and procedures for approval of changes of non-bank credit institutions

  • Name of legal document: Circular No. 49/2025/TT-NHNN dated 23/12/2025 issued by the State Bank of Vietnam regulating dossiers and procedures for approval of changes of non-bank credit institutions (hereinafter referred to as “Circular No. 49/2025/TT-NHNN”).
  • Effective date: 06/02/2026.

The content should be noted: Increase of charter capital of limited liability non-bank credit institutions.

Specifically, Article 9 of Circular No. 49/2025/TT-NHNN stipulates: “Article 9. Increase of charter capital of limited liability non-bank credit institutions

  1. Application dossiers shall include:a) A written request for approval of the increase of charter capital and amendment and supplementation of the License in relation to the increase of charter capital of the non-bank credit institution;b) A document of the competent authority approving the plan for increasing the charter capital of the non-bank credit institution, which shall at least include the following contents:

(i) Reasons for and necessity of increasing the charter capital;

(ii) Current charter capital and the proposed additional charter capital amount;

(iii) Expected phases of charter capital increase during the year and sources to be used for the charter capital increase;

(iv) Expected time for completion of the charter capital increase;

(v) Expected balance sheet and business performance reports for 03 consecutive years after the charter capital increase; expected plan for use of the additional charter capital in business operations;
(vi) Capacity for governance, management and risk control corresponding to the new charter capital scale;

c) An explanatory document of the non-bank credit institution, certified by an auditing organization, regarding the impact of qualified opinions on the conditions for capital increase (in cases where the audited financial statements of the non-bank credit institution contain qualified opinions);

d) In cases where the charter capital increase is funded by the owner or capital-contributing members through additional capital contribution, in addition to the dossiers specified at Points a, b and c of this Clause, the non-bank credit institution shall supplement the following documents:

(i) A commitment on the use of lawful funds of the owner or capital-contributing members for additional capital contribution;

(ii) A document issued by a Vietnamese commercial bank certifying the contributed capital amount of the owner or capital-contributing members contributing additional capital or from the contributed capital of new capital-contributing members;

(iii) Financial statements of the owner or capital-contributing members contributing additional capital for the year immediately preceding the year of application for charter capital increase, audited by an independent auditing organization in accordance with law (except where the owner or capital-contributing member is a Vietnamese credit institution). In cases where audited financial statements are not yet available at the time of dossier submission, unaudited financial statements shall be submitted, and audited financial statements must be submitted immediately after the auditing organization issues the audit report; the applicant shall be responsible for the contents of the submitted financial statements;

đ) In cases where the charter capital increase is funded by contributions from new capital-contributing members, in addition to the dossiers specified at Points a, b, c, d(i) and d(ii) of this Clause, the non-bank credit institution shall supplement dossiers of the new capital-contributing members equivalent to those required for founding members establishing a non-bank credit institution in accordance with relevant laws;

e) In cases where the charter capital increase is sourced from undistributed profits and other funds in accordance with law, in addition to the dossiers specified at Points a, b and c of this Clause, the non-bank credit institution shall supplement information on the reserve fund for charter capital supplementation, undistributed profits and other funds as determined based on the audit results of an independent auditor; information on the amounts from the reserve fund for charter capital supplementation, undistributed profits and other funds used for the charter capital increase.

2. Approval procedures:

a) The non-bank credit institution shall prepare and submit the dossier to the State Bank of Vietnam. Where the dossier is incomplete or invalid, within 10 days from the date of receipt of the dossier, the State Bank of Vietnam shall issue a written request for supplementation of the dossier;

b) Within 30 days from the date of receipt of a complete and valid dossier, the State Bank of Vietnam shall issue a decision amending and supplementing the License; where the License is not amended or supplemented, the State Bank of Vietnam shall issue a written response clearly stating the reasons.”.

2.2. Circular No. 50/2025/TT-NHNN regulating dossiers and procedures for approval of certain changes of commercial banks and foreign bank branches

  • Name of legal document: Circular No. 50/2025/TT-NHNN dated 24/12/2025 issued by the State Bank of Vietnam regulating dossiers and procedures for approval of certain changes of commercial banks and foreign bank branches (hereinafter referred to as “Circular No. 50/2025/TT-NHNN”).
  • Effective date: 07/02/2026.

The content should be noted: Change of name of commercial banks and foreign bank branches.

Specifically, Article 5 of Circular No. 50/2025/TT-NHNN stipulates: Article 5. Change of name

  1. Application dossiers shall include:a) A written request, which shall at least include the following contents:

(i) Current name;

(ii) Proposed new name ensuring compliance with relevant laws on naming;

(iii) Reasons for the change of name;

(iv) Number and date of the resolution or decision of the General Meeting of Shareholders of a joint-stock commercial bank approving the change of name of the commercial bank;

b) Resolution or decision of the Members’ Council of a limited liability commercial bank approving the change of name of the commercial bank; written approval of the parent bank approving the change of name of the foreign bank branch in Vietnam.

2. Approval procedures:

a) Commercial banks and foreign bank branches shall prepare dossiers in accordance with Clause 1 of this Article and submit them to the State Bank of Vietnam. Where the dossier is incomplete or invalid, within 07 working days from the date of receipt of the dossier, the State Bank of Vietnam shall issue a written request for the commercial bank or foreign bank branch to supplement and complete the dossier;

b) Within 25 working days from the date of receipt of a complete and valid dossier, the State Bank of Vietnam shall approve the change of name of the commercial bank or foreign bank branch and issue a decision amending the License; where approval is not granted, the State Bank of Vietnam shall issue a written response clearly stating the reasons.”.

2.3. Circular No. 55/2025/TT-NHNN on re-issuance of the license, supplementation of licensed activities and the organization and operations of non-bank credit institutions

  • Name of legal document: Circular 55/2025/TT-NHNN dated 26/12/2025 issued by the State Bank of Vietnam on re-issuance of the license, supplementation of licensed activities and the organization and operations of non-bank credit institutions (hereinafter referred to as “Circular No. 55/2025/TT-NHNN”).
  • Effective date: 09/02/2026.

The content should be noted: Procedures for re-issuance of the License and supplementation of licensed activities

Specifically, Article 8 of Circular No. 50/2025/TT-NHNN stipulates: Article 8. Procedures for re-issuance of the License and supplementation of licensed activities

  1. Where a non-bank credit institution has a demand for re-issuance of the License, supplementation of licensed activities, or supplementation of licensed activities concurrently with re-issuance of the License, it shall prepare an application in accordance with Article 7 of this Circular and submit it to the State Bank of Vietnam.
  2. Within 35 days from the date of receipt of a complete and valid application, the State Bank of Vietnam shall carry out re-issuance of the License, supplementation of licensed activities, or supplementation of licensed activities concurrently with re-issuance of the License as requested by the non-bank credit institution. In case of refusal, the State Bank of Vietnam shall reply in writing and clearly state the reasons
  3. After being granted re-issuance of the License or supplementation of licensed activities by the State Bank of Vietnam, the non-bank credit institution shall:a) Publicize changes to the License within 7 working days from the date of re-issuance or supplementation on 1 media outlet of the State Bank of Vietnam and 1 printed newspaper for 3 consecutive issues or on 1 Vietnamese electronic newspaper;b) Amend and supplement its Charter in conformity with the contents of the re-issued or supplemented License.”.

2.4. Decision No. 75/QĐ-NHNN on the promulgation of newly issued, amended, supplemented, and repealed administrative procedures in the field of banking establishment and operations implemented at the One-Stop Service Division under the management authority of the State Bank of Vietnam

  • Name of legal document: Decision No. 75/QĐ-NHNN dated 19/01/2026 issued by the State Bank of Vietnam on the promulgation of newly issued, amended, supplemented, and repealed administrative procedures in the field of banking establishment and operations implemented at the One-Stop Service Division under the management authority of the State Bank of Vietnam.
  • Effective date: 09/02/2026.

The content should be noted: Amendment and supplementation of the Procedure for approval of the establishment of transaction offices of people’s credit funds, as listed in Section I.2.B.5 of the Administrative Procedures newly issued, amended, supplemented, and repealed in the field of banking establishment and operations under the management authority of the State Bank of Vietnam, promulgated together with Decision No. 75/QĐ-NHNN.

2.5. Decision No. 77/QĐ-NHNN on the promulgation of replacement administrative procedures in the field of banking establishment and operations implemented at the One-Stop Service Division under the management authority of the State Bank of Vietnam

  • Name of legal document: Decision No. 77/QĐ-NHNN dated 19/01/2026 issued by the State Bank of Vietnam on the promulgation of replacement administrative procedures in the field of banking establishment and operations implemented at the One-Stop Service Division under the management authority of the State Bank of Vietnam (hereinafter referred to as “Decision No. 77/QĐ-NHNN”).
  • Effective date: 09/02/2026.

The content should be noted: Replacement of the Procedure for application for re-issuance of the license/supplementation of operational contents into the license / supplementation of operational contents into the license concurrently with re-issuance of the license of non-bank credit institutions, as listed in Section I.1.A.1 of the Replacement Administrative Procedures in the field of banking establishment and operations under the management authority of the State Bank of Vietnam, promulgated together with Decision No. 77/QĐ-NHNN.

2.6. Decision No. 78/QĐ-NHNN on the promulgation of newly issued, amended, supplemented, and repealed administrative procedures in the field of banking establishment and operations implemented at the One-Stop Service Division under the management authority of the State Bank of Vietnam

  • Name of legal document: Decision No. 78/QĐ-NHNN dated 19/01/2026 issued by the State Bank of Vietnam on the promulgation of newly issued, amended, supplemented, and repealed administrative procedures in the field of banking establishment and operations implemented at the One-Stop Service Division under the management authority of the State Bank of Vietnam (hereinafter referred to as “Decision No. 78/QĐ-NHNN”).
  • Effective date: 09/02/2026.

The content should be noted: Amendment and supplementation of the Procedure for application for approval of change of the head office location of microfinance institutions, as listed in Section I.2.2 of the Administrative Procedures newly issued, amended, supplemented, and repealed in the field of banking establishment and operations under the management authority of the State Bank of Vietnam, promulgated together with Decision No. 78/QĐ-NHNN.

2.7. Decree No. 340/2025/ND-CP prescribing penalties for administrative violations in monetary and banking sector

  • Name of legal document: Decree 340/2025/ND-CP dated 25/12/2025 issued by the State Bank of Vietnam prescribing penalties for administrative violations in monetary and banking sector (hereinafter referred to as “Decree No. 340/2025/ND-CP”).
  • Effective date: 09/02/2026.

The content should be noted: Violations against regulations on licenses granted by State Bank of Vietnam and prohibited acts

Specifically, Article 7 of Decree No. 340/2025/ND-CP stipulates: “Article 7. Article 4. Violations against regulations on licenses granted by SBV, and prohibited acts

  1. A fine ranging from VND 20.000.000 to VND 40.000.000 shall be imposed for using documents containing an organization’s name different from the one specified in its license during its operation.
  2. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for failing to fulfill, or failing to maintain the fulfillment of, conditions for inauguration of domestic branches or transaction offices of a credit institution.
  3. A fine ranging from VND 50.000.000 to VND 100.000.000 shall be imposed for failing to fulfill conditions for inauguration as prescribed by the Law on Credit Institutions.
  4. A fine ranging from VND 100.000.000 to VND 150.000.000 shall be imposed for committing one of the following violations:a) Borrowing, lending, leasing, letting out, trading, or transferring a license, except the case prescribed in point b clause 4 Article 31 hereof;b) Erasing or altering the contents of a license, if not liable to criminal prosecution, except the case prescribed in point b clause 4 Article 31 hereof.
  5. A fine ranging from VND 150.000.000 to VND 200.000.000 shall be imposed for committing one of the following violations:a) Falsifying documents proving the satisfaction of eligibility requirements enclosed with the application for license, if not liable to criminal prosecution, except the case prescribed in clause 2 Article 22, point a clause 4 Article 31 hereof;b) Conducting operations against the license, except the cases prescribed in clause 1, point b clause 6 of this Article; clause 6 Article 21; point c clause 8 Article 27; points c, dd clause 5, point a clause 6 Article 28; point d clause 4 Article 31 hereof;c) A transaction office performs operations which it is not allowed to perform in accordance with regulations of law on operating network of commercial banks.
  6. A fine ranging from VND 300.000.000 to VND 400.000.000 shall be imposed for committing one of the following violations:a) Continuing to carry out operations after a competent authority has issued a decision on restriction, suspension or termination of operations as prescribed by the Law on the State Bank of Vietnam;b) Carrying out banking operations or other business operations other than those specified in the issued license, except the case specified in point dd clause 4 Article 8 hereof.
  7. A fine ranging from VND 400.000.000 to VND 500.000.000 shall be imposed for committing one of the following violations:a) Carrying out banking operations without obtaining a license, except the cases prescribed in point c clause 8 Article 27; points d, dd clause 5, clause 8 Article 28; clause 6 Article 31 hereof;b) Committing any violation against regulations on use of terms relating to banking operations as prescribed in the Law on Credit Institutions;c) Unlawfully intervening in banking operations or other business operations of credit institutions or FBBs;d) Committing any violation against regulations on sale of optional insurance products in combination of provision if banking products and services in any shape or form as prescribed in the Law on Credit Institutions.
  8. Remedial measures:a) Enforced transfer of profits illegally obtained from any of the violations in clause 4, points a, b clause 5, clause 6 and point a clause 7 of this Article to state budget;b) Proposed revocation of the license if any of the violations prescribed in points a, b clause 5 and point a clause 6 of this Article is committed;c) Proposed suspension by competent authorities of violating persons and/or persons responsible for the violation from holding the administration, management or control positions for 01 – 03 months, or proposed dismissal or prohibition of them from holding the administration, management or control positions at credit institutions or FBBs if any of the violations prescribed in clause 4, points a, b clause 5, clause 6 and point a clause 7 of this Article is committed.

The relevant credit institution or FBB is requested to remove from office and implement other appropriate measures against violating persons within their competence.

d) Enforced return of erased or altered licenses to licensing authorities or persons if the violation in point b clause 4 of this Article is committed;

dd) Enforced implementation of measures for termination of contracts for supply of insurance products and payment of costs and/or compensation for damage caused by such contract termination at the request of customers if the violation in point d clause 7 of this Article is committed.”.

2.8. Circular No. 82/2025/TT-NHNN on gold position of credit institutions

  • Name of legal document: Circular No. 82/2025/TT-NHNN dated 31/12/2025 issued by the State Bank of Vietnam on gold position of credit institutions (hereinafter referred to as “Circular No. 82/2025/TT-NHNN”).
  • Effective date: 12/02/2026.

The content should be noted: Limits on gold position.

Specifically, Article 4 of Circular No. 82/2025/TT-NHNN stipulates: “Article 4. Limits on gold position

  1. End-of-day gold position of a credit institution:a) Must not exceed 5% of the own capital of the credit institution for credit institutions permitted to produce gold bullion;b) Must not exceed 2% of the own capital of the credit institution for credit institutions permitted to trade in the purchase and sale of gold bullion, except for credit institutions specified at point a of this Clause.
  2. Own capital used to calculate the gold position limit of a credit institution shall be the own capital of the month immediately preceding the reporting period of the credit institution, determined in accordance with the regulations of the State Bank of Vietnam on safety ratios in the operations of credit institutions.
  3. Credit institutions are not allowed to maintain a negative gold position.
  4. Where necessary, a credit institution may maintain a gold position different from the limits specified in Clauses 1, 2 and 3 of this Article upon approval by the Governor of the State Bank of Vietnam.”.

2.9. Decision No. 63/QD-NHNN on the announcement of amended and supplemented administrative procedures in the field of establishment and operation of banks implemented at the One-Stop Shop under the management authority of the State Bank of Vietnam

  • Name of legal document: Decision No. 63/QD-NHNN dated 16/01/2026 issued by the State Bank of Vietnam on the announcement of amended and supplemented administrative procedures in the field of establishment and operation of banks implemented at the One-Stop Shop under the management authority of the State Bank of Vietnam (hereinafter referred to as “Decision No. 63/QD-NHNN”).
  • Effective date: 13/02/2026.

The content should be noted: Amendment and supplementation of the procedure for approval of capital contribution and share acquisition by credit institutions as listed in Part I.1 of the amended and supplemented administrative procedures in the field of establishment and operation of banks under the management authority of the State Bank of Vietnam promulgated together with Decision No. 63/QD-NHNN.

2.10. Circular No. 60/2025/TT-NHNN regulating the conditions, dossiers and procedures for approval of capital contribution and share acquisition by credit institutions

  • Name of legal document: Circular No. 60/2025/TT-NHNN dated 30/12/2025 issued by the State Bank of Vietnam regulating the conditions, dossiers and procedures for approval of capital contribution and share acquisition by credit institutions (hereinafter referred to as “Circular No. 60/2025/TT-NHNN”).
  • Effective date: 15/02/2026.

The content should be noted: Procedures for approval of capital.

Specifically, Article 5 of Circular No. 60/2025/TT-NHNN stipulates: “Article 5. Conditions for capital contribution and share acquisition by credit institutions

  1. Conditions for capital contribution and share acquisition to establish or acquire subsidiaries as prescribed at points a and c, Clause 1, Article 1 of this Circular (excluding subsidiaries operating in the field of debt management and asset exploitation):a) The license for establishment and operation of the credit institution includes activities of capital contribution and share acquisition;b) Compliance with the minimum capital adequacy ratio as prescribed at point b, Clause 1, Article 138 of the Law on Credit Institutions during the 24 consecutive months preceding the month of application and at the time of completion of the capital contribution or share acquisition;c) Compliance with the limits on capital contribution and share acquisition as prescribed in Article 137 of the Law on Credit Institutions during the 24 consecutive months preceding the month of application and at the time of completion of the capital contribution or share acquisition;d) Profitable business performance according to the audited financial statements of the year immediately preceding the year of application, audited by an independent auditing organization;đ) No administrative sanctions imposed for violations relating to debt classification, provisioning and use of provisions for risk handling, capital contribution and share acquisition during the 12 consecutive months preceding the month of application;e) A non-performing loan ratio, as prescribed by the Governor of the State Bank of Vietnam on classification of assets in the operations of commercial banks, non-bank credit institutions and foreign bank branches, of less than 3% during the 12 consecutive months preceding the month of application;g) Assurance of a management organizational structure; the number of members, structure and terms of office of the Board of Directors, Members’ Council, Supervisory Board and General Director (Director) in compliance with the Law on Credit Institutions at the time of application.
  2. Conditions for capital contribution and share acquisition to establish or acquire associate companies as prescribed at points a and c, Clause 1, Article 1 of this Circular (excluding associate companies operating in the field of debt management and asset exploitation):a) The conditions prescribed at points a, d, đ, e and g, Clause 1 of this Article;b) Compliance with the minimum capital adequacy ratio as prescribed at point b, Clause 1, Article 138 of the Law on Credit Institutions during the 12 consecutive months preceding the month of application and at the time of completion of the capital contribution or share acquisition;c) Compliance with the limits on capital contribution and share acquisition as prescribed in Article 137 of the Law on Credit Institutions during the 12 consecutive months preceding the month of application and at the time of completion of the capital contribution or share acquisition.
  3. Conditions for capital contribution and share acquisition to establish or acquire subsidiaries or associate companies operating in the field of debt management and asset exploitation:a) The license for establishment and operation of the credit institution includes activities of capital contribution and share acquisition;b) Compliance with the limits on capital contribution and share acquisition as prescribed in Article 137 of the Law on Credit Institutions at the time of application and at the time of completion of the capital contribution or share acquisition;c) Compliance with the minimum capital adequacy ratio as prescribed at point b, Clause 1, Article 138 of the Law on Credit Institutions at the time of application and at the time of completion of the capital contribution or share acquisition.
  4. Conditions for capital contribution and share acquisition in respect of other domestic enterprises as prescribed at point b, Clause 1, Article 1 of this Circular:a) The conditions prescribed in Clause 1 of this Article;b) Compliance with the maximum ratio of short-term funds used for medium- and long-term lending as prescribed by the Governor of the State Bank of Vietnam on limits and safety assurance ratios in the operations of banks and foreign bank branches during the 24 consecutive months preceding the month of application and at the time of completion of the capital contribution or share acquisition.
  5. Conditions for conversion of debt into contributed capital or share capital as prescribed at point d, Clause 1, Article 1 of this Circular:a) The conditions prescribed at points a, b, c, d, đ and g, Clause 1 of this Article;b) The debt converted into contributed capital or share capital must be a non-performing loan, and the conversion of debt into contributed capital or share capital must be for the purpose of handling the non-performing loan. A non-performing loan is a loan determined in accordance with the regulations of the Governor of the State Bank of Vietnam on classification of assets in the operations of commercial banks, non-bank credit institutions and foreign bank branches.”.

2.11. Circular No. 61/2025/TT-NHNN regulating the operating network of commercial banks

  • Name of legal document: Circular No. 61/2025/TT-NHNN dated 31/12/2025 issued by the State Bank of Vietnam regulating the operating network of commercial banks (hereinafter referred to as “Circular No. 61/2025/TT-NHNN”).
  • Effective date: 15/02/2026.

The content should be noted: Authority for approval of the operating network of commercial banks.

Specifically, Article 4 of Circular No. 61/2025/TT-NHNN stipulates: Article 4. Authority for approval of the operating network of commercial banks

  1. The Governor of the State Bank of Vietnam shall consider approving the establishment, termination of operation, dissolution (except for voluntary termination of operation) of domestic branches; the establishment of overseas branches, representative offices, subsidiary banks; and the conversion of the legal form of overseas subsidiary banks of commercial banks.
  2. The Director General of the Department of Credit Institutions Supervision and Regulation shall consider approving the establishment, termination of operation, dissolution (except for voluntary termination of operation) of transaction offices, representative offices, and public service units in the country by commercial banks.
  3. The Director of the Regional Branch of the State Bank of Vietnam shall consider approving:a) Change of location of branch headquarters and transaction offices;b) Voluntary termination of operation of branches and transaction offices.
  4. In certain specific cases, the Governor of the State Bank of Vietnam shall consider deciding on approval:a) Establishment of domestic branches, representative offices, public service units, transaction offices; overseas branches, representative offices, subsidiary banks of commercial banks on the basis of dossiers and procedures in accordance with this Circular and suitable to actual conditions in order to:

(i) Serve the objectives of socio-economic development, politics, security, national defense, diplomacy and monetary policy administration in each period;

(ii) Support commercial banks in participating in the handling of people’s credit funds under special control;

b) Conversion of transaction offices into domestic branches of commercial banks on the basis of dossiers, conditions, order and procedures for establishment of domestic branches as prescribed in this Circular, suitable to actual conditions in order to implement restructuring plans of credit institutions approved by competent authorities;

c) Matters relating to the operating network of commercial banks to implement restructuring plans of commercial banks under special control that have been approved, on the basis of dossiers and procedures prescribed in this Circular.”

2.12. Circular No. 66/2025/TT-NHNN providing amendments and supplements to a number of articles of Circular No. 34/2024/TT-NHNN regulating the re-issuance of licenses, addition of business activities to licenses, and the organization and operation of commercial banks, branches of foreign banks, and representative offices in Vietnam of foreign credit institutions and other foreign organizations engaging in banking activities

  • Name of legal document: Circular No. 66/2025/TT-NHNN dated 31/12/2026 issued by the State Bank of Vietnam providing amendments and supplements to a number of articles of Circular No. 34/2024/TT-NHNN regulating the re-issuance of licenses, addition of business activities to licenses, and the organization and operation of commercial banks, branches of foreign banks, and representative offices in Vietnam of foreign credit institutions and other foreign organizations engaging in banking activities (hereinafter referred to as “Circular No. 66/2025/TT-NHNN”).
  • Effective date: 15/02/2026.

The content should be noted: Competence to decide on the re-issuance of Licenses and the addition of business activities to Licenses.

Specifically, Article 1 of Circular No. 66/2025/TT-NHNN stipulates: Article 1. Amendments and supplements to Article 3

Article 3. Competence to decide on the re-issuance of Licenses and the addition of business activities to Licenses

  1. The Governor of the State Bank of Vietnam has the competence to decide on the re-issuance of Licenses or the addition of business activities to Licenses concurrently with the re-issuance of Licenses for commercial banks and branches of foreign banks that are subjects of micro-prudential supervision by the Credit Institutions Supervision and Regulation Department.
  2. The Director General of the Credit Institutions Supervision and Regulation Department has the competence to decide on the addition of business activities to Licenses for commercial banks and branches of foreign banks that are subjects of micro-prudential supervision by the Credit Institutions Supervision and Regulation Department.
  3. The Director of the State Bank of Vietnam Regional Branch (hereinafter referred to as the Director of the State Bank of Vietnam Branch) has the competence to decide on:a) The re-issuance of Licenses or the addition of business activities to Licenses or the addition of business activities to Licenses concurrently with the re-issuance of Licenses for branches of foreign banks headquartered in provinces or centrally-run cities, except for branches of foreign banks specified in Clause 1 of this Article;b) Amendments and supplements to Licenses for foreign representative offices headquartered in provinces or centrally-run cities.”.”

2.13. Circular No. 69/2025/TT-NHNN providing amendments and supplements to a number of articles of several circulars of the Governor of the State Bank of Vietnam in the field of banking management and supervision related to the reduction of business conditions and the simplification of administrative procedures

  • Name of legal document: Circular No. 69/2025/TT-NHNN dated 31/12/2025 issued by the State Bank of Vietnam providing amendments and supplements to a number of articles of several circulars of the Governor of the State Bank of Vietnam in the field of banking management and supervision related to the reduction of business conditions and the simplification of administrative procedures (hereinafter referred to as “Circular No. 69/2025/TT-NHNN”).
  • Effective date: 15/02/2026.

The content should be noted: Subjects, purposes and principles of issuance of bonds and special bonds.

Specifically, Article 16 of Circular No. 69/2025/TT-NHNN stipulates: “Article 16. Amendments and supplements to Article 7

“Article 7. Conditions for establishment of branches

  1. A non-bank credit institution having an operating period of 12 months or more (calculated from the date of commencement of operations to the time of application) is permitted to establish no more than 03 branches in 01 financial year upon satisfying the following conditions:a) Profitable business operations according to the audited consolidated financial statements and separate financial statements of the year immediately preceding the year of application. This condition shall not apply to a non-bank credit institution submitting the application dossier in the second year from the date of commencement of operations;b) At the time of application, it is not subject to a measure imposed by a competent authority prohibiting the expansion of its operating area;c) The ratio of non-performing loans to total outstanding loans as at 31 December of the year immediately preceding the year of application and at the time of application does not exceed 4% or another ratio as decided by the Governor in each period;d) At the time of application, the non-bank credit institution has an adequate number and structure of the Board of Directors, Members’ Council and Supervisory Board; has an internal audit unit and an internal control system in compliance with the Law on Credit Institutions and the guidance of the State Bank of Vietnam, and is not lacking a General Director;đ) Has regulations on network management in accordance with Article 6 of this Circular;e) Has a branch establishment plan.
  2. A non-bank credit institution having an operating period of less than 12 months (calculated from the date of commencement of operations to the time of application) is permitted to establish no more than 02 branches upon satisfying the following conditions:a) The ratio of non-performing loans to total outstanding loans as at the last day of the month immediately preceding the month of application does not exceed 4% or another ratio as decided by the Governor in each period;b) The provisions specified at points b, d, đ and e clause 1 of this Article.”.”.

2.14. Decision No. 115/QD-NHNN on the announcement of new, amended, supplemented, replaced and abolished administrative procedures in the field of establishment and operation of banks implemented at the One-Stop Shop under the management authority of the State Bank of Vietnam

  • Name of legal document: Decision No. 115/QD-NHNN dated 26/01/2026 issued by the State Bank of Vietnam on the announcement of new, amended, supplemented, replaced and abolished administrative procedures in the field of establishment and operation of banks implemented at the One-Stop Shop under the management authority of the State Bank of Vietnam (hereinafter referred to as “Decision No. 115/QD-NHNN”).
  • Effective date: 15/02/2026.

The content should be noted: Promulgation of a new Procedure for approval of satisfaction of conditions for commencement of operation of domestic branches and transaction offices of commercial banks as listed in Section I.I.1 of the amended and supplemented administrative procedures in the field of establishment and operation of banks under the management authority of the State Bank of Vietnam promulgated together with Decision No. 115/QD-NHNN.

2.15. Circular No. 67/2025/TT-NHNN providing for the abolition of a number of legal normative documents promulgated by the Governor of the State Bank of Vietnam

  • Name of legal document: Circular No. 67/2025/TT-NHNN dated 31/12/2025 issued by the State Bank of Vietnam providing for the abolition of a number of legal normative documents promulgated by the Governor of the State Bank of Vietnam (hereinafter referred to as “Circular No. 67/2025/TT-NHNN”).
  • Effective date: 16/02/2026.

The content should be noted: Complete abolition of 18 legal normative documents.

Specifically, Article 1 of Circular No. 67/2025/TT-NHNN stipulates: “Article 1. Complete abolition of 18 legal normative documents

The following 18 legal normative documents promulgated by the Governor of the State Bank of Vietnam are completely abolished:

  1. Decision No. 96/1997/QD-NH2 dated 19 April 1997 of the Governor of the State Bank of Vietnam on the promulgation of the form of cash withdrawal slip.
  2. Decision No. 353/1997/QD-NHNN2 dated 22 October 1997 of the Governor of the State Bank of Vietnam promulgating the “Regulation on electronic funds transfer”.
  3. Decision No. 543/2002/QD-NHNN dated 29 May 2002 of the Governor of the State Bank of Vietnam promulgating regulations on the development, issuance, management and use of electronic signatures on electronic vouchers in interbank electronic payment.
  4. Decision No. 674/2002/QD-NHNN dated 27 June 2002 of the Governor of the State Bank of Vietnam permitting 06 (six) units of the State Bank of Vietnam to directly participate in the interbank electronic payment system to use interbank settlement accounts for recording fund transfer transactions among themselves through the interbank electronic payment system.

…”.

2.16. Circular No. 74/2025/TT-NHNN providing for amendments and supplements to a number of articles of Circular No. 14/2018/TT-NHNN guiding the implementation of monetary policy instrument management measures to support credit institutions in lending for agricultural and rural development

  • Name of legal document: Circular No. 74/2025/TT-NHNN dated 31/12/2025 issued by the State Bank of Vietnam providing for amendments and supplements to a number of articles of Circular No. 14/2018/TT-NHNN guiding the implementation of monetary policy instrument management measures to support credit institutions in lending for agricultural and rural development (hereinafter referred to as “Circular No. 74/2025/TT-NHNN”).
  • Effective date: 16/02/2026.

The content should be noted: Amendments and supplements to the rights and obligations of credit institutions.

Specifically, Article 4 of Circular No. 74/2025/TT-NHNN stipulates: “Article 4. Amendment and supplementation of Clause 3 Article 5

“3. To report and take responsibility for the accuracy, completeness, legality and validity of data on total outstanding credit balance and outstanding credit balance for the agricultural and rural sector as the basis for applying the supporting required reserve ratio provided for in this Circular; to provide written explanations of such data in case of receiving a written request for explanation from the State Bank of Vietnam (Department of Credit for Economic Sectors).”.”

2.17. Decision No. 82/QD-NHNN on the announcement of amended and supplemented administrative procedures in the field of establishment and operation of banks implemented at the One-Stop Shop under the management authority of the State Bank of Vietnam

  • Name of legal document: Decision No. 82/QD-NHNN dated 20/01/2026 issued by the State Bank of Vietnam on the announcement of amended and supplemented administrative procedures in the field of establishment and operation of banks implemented at the One-Stop Shop under the management authority of the State Bank of Vietnam (hereinafter referred to as “Decision No. 82/QD-NHNN”).
  • Effective date: 16/02/2026.

The content should be noted: Amendment and supplementation of the Procedure for re-issuance of the License for establishment and operation of People’s Credit Funds as listed in Part I.4 of the amended and supplemented administrative procedures in the field of establishment and operation of banks under the management authority of the State Bank of Vietnam promulgated together with Decision No. 82/QD-NHNN.

2.18. Decision No. 84/QD-NHNN on the announcement of amended and supplemented administrative procedures in the field of monetary activities implemented at the One-Stop Shop under the management authority of the State Bank of Vietnam

  • Name of legal document: Decision No. 84/QD-NHNN dated 21/01/2026 issued by the State Bank of Vietnam on the announcement of amended and supplemented administrative procedures in the field of monetary activities implemented at the One-Stop Shop under the management authority of the State Bank of Vietnam (hereinafter referred to as “Decision No. 84/QD-NHNN”).
  • Effective date: 16/02/2026.

The content should be noted: Amendment and supplementation of the Application for applying the supportive required reserve ratio of credit institutions as listed in Part I.1 of the amended and supplemented administrative procedures in the field of monetary activities under the management authority of the State Bank of Vietnam promulgated together with Decision No. 84/QD-NHNN.

LEGAL UPDATE RELATING TO FINANCE AND CREDIT  (MONTHLY LEGAL UPDATE – 03/2026)

LEGAL UPDATE RELATING TO FINANCE AND CREDIT (MONTHLY LEGAL UPDATE – 01/2026)

  1. Legal documents are issued in 12/2025

1.1. Consolidated Document No. 28/VBHN-NHNN on payment agency activities

  • Name of legal document: Consolidated Document No. 28/VBHN-NHNN issued on 08/12/2025 by the State Bank of Vietnam on payment agency activities.
  • Consolidation date: 08/12/2025.

The content should be noted: This document consolidates Circular No. 07/2024/TT-NHNN dated 21/6/2024 of the Governor of the State Bank of Vietnam on payment agency activities; Circular No. 06/2025/TT-NHNN dated 30/5/2025 of the Governor of the State Bank of Vietnam amending and supplementing Clause 7 Article 7 of Circular No. 07/2024/TT-NHNN dated 21/6/2024 on payment agency activities; and Circular No. 44/2025/TT-NHNN dated 18/11/2025 of the Governor of the State Bank of Vietnam amending and supplementing a number of articles of Circular No. 07/2024/TT-NHNN on payment agency activities.

1.2. Consolidated Document No. 29/VBHN-NHNN on the provision of intermediary payment services

  • Name of legal document: Consolidated Document No. 29/VBHN-NHNN issued on 08/12/2025 by the State Bank of Vietnam on the provision of intermediary payment services.
  • Consolidation date: 08/12/2025.

The content should be noted: This document consolidates Circular No. 40/2024/TT-NHNN issued on 17/07/2024 of the Governor of the State Bank of Vietnam on the provision of intermediary payment services and Circular No. 41/2025/TT-NHNN issued on 05/11/2025 of the Governor of the State Bank of Vietnam amending and supplementing a number of articles of Circular No. 40/2024/TT-NHNN on the provision of intermediary payment services.

1.3. Decision No. 1814/QD-KTNN on promulgating guidance on the risk-based audit approach and the determination of materiality in audits of banks’ financial statements

  • Name of legal document: Decision No. 1814/QD-KTNN issued on 16/12/2025 by the State Auditor General on promulgating guidance on the risk-based audit approach and the determination of materiality in audits of banks’ financial statements (hereinafter referred to as “Decision No. 1814/QD-KTNN”).
  • Effective date: 16/12/2025.

The content should be noted: Identification and assessment of the risks of material misstatement.

Specifically, Article 3 of the Guidance on the risk-based audit approach and the determination of materiality in audits of banks’ financial statements promulgated together with Decision No. 1814/QD-KTNN provides as follows: Article 3. Identification and assessment of the risks of material misstatement

  1. Based on information on banks and other credit institutions (hereinafter collectively referred to as banks) collected from the survey outline for information collection and other information-gathering methods (interviews, requests for document submission, discussions with the audited entity, mass media, etc.), information from other relevant entities (banking regulators, customers having credit relationships with banks, etc.), and information from previous audits (if any), State Auditors shall assess inherent risk and control risk in accordance with the banks’ operational conditions in order to design appropriate audit procedures to achieve audit objectives.
  2. State Auditors shall identify and assess the risks of material misstatement at the level of banks’ financial statements and at the assertion level (transaction classes, account balances, and disclosures). State Auditors shall refer to the method for determining the level of risks of material misstatement provided in Appendix No. 01/RRTY-NH enclosed with this Guidance to draw conclusions on the risks of material misstatement. Certain risk indicators to be noted in the assessment include:a) Risks of material misstatement at the financial statement level
    • Risks arising from banks’ fields of operation; or changes in organizational structure and operational characteristics of banks, such as restructuring/reorganization of banks, or changes in the scope and fields of operation of banks;
    • New legal regulations and policies related to banking operations, such as preferential credit programs, capital mobilization regulations, interest rate subsidy programs, regulations on loan classification and provisioning for credit risk, or risks arising from the external business environment (objective and force majeure factors such as natural disasters and epidemics affecting banks’ operations and services);
    • Complex internal control systems and geographically dispersed operations; changes or shortages in senior management personnel; supervisory, control, and internal audit staff lacking appropriate professional qualifications; inspection and control activities that are infrequent or ineffective; management override of internal controls (interference with information technology systems, data collection and processing, accounting and preparation of banks’ financial statements, adjustment of ratios and amounts of credit risk provisions); information technology governance creating vulnerabilities or being inconsistent with banks’ characteristics and business processes;b) Risks of material misstatement at the assertion level
      • Income items: Recognition of income in incorrect periods (under-recognition of accrued interest, failure to allocate guarantee fees/letters of credit issuance fees, etc.); failure to recognize income from payment services; income relating to liabilities with unidentified creditors;
      • Expense items: Inappropriate calculation and recognition of provision expenses due to loan reclassification, increase/decrease in ratios/values of deductible collateral; payment of interest on mobilized capital and operating expenses not in compliance with regulations;
      • Tax and amounts payable to the State: Under-declaration and under-recognition of taxes and amounts payable to the State (incorrect application of tax rates, improper declaration of deductible VAT, failure to exclude non-business-related expenses incurred during the period when calculating corporate income tax);
      • Financial investment items: Failure to maintain detailed tracking of each type of security and each capital contribution investment by banks in finance companies/other enterprises; provisioning not in accordance with regulations;
      • Customer loan items: Improper loan classification and credit risk provisioning in violation of State Bank of Vietnam regulations and banks’ internal regulations; inappropriate determination of ratios/values of deductible collateral; improper debt handling;
      • Fixed assets (FA) and tools and equipment (TE): Recognition of fixed assets that do not meet recognition criteria; untimely capitalization of fixed assets; inaccurate depreciation; inappropriate classification between fixed assets and tools and equipment; improper allocation of tool and equipment costs.”

    1.4. Decision No. 3925/QD-NHNN on the standardization of the list of administrative procedures within the scope of the State Bank of Vietnam’s management functions

    • Name of legal document: Decision No. 3925/QD-NHNN issued on 16/12/2025 on the standardization of the list of administrative procedures within the scope of the State Bank of Vietnam’s management functions.
    • Effective date: 16/12/2025.

    The content should be noted: Abolition of the procedure for reporting newly issued card service fee schedules or amendments and supplements thereto, as listed in the Appendix on the list of abolished administrative procedures in the fields of banking establishment and operation, monetary activities, credit activities, and payment activities within the scope of the State Bank of Vietnam’s management functions promulgated together with Decision No. 3925/QD-NHNN.

    1.5. Decision No. 3937/QD-NHNN on the promulgation of the list of administrative procedures under the management scope of the State Bank of Vietnam eligible for online public service provision on the National Public Service Portal

    • Name of legal document: Decision No. 3937/QD-NHNN issued on 17/12/2025 by the State Bank of Vietnam on the promulgation of the list of administrative procedures under the management scope of the State Bank of Vietnam eligible for online public service provision on the National Public Service Portal.
    • Effective date: 17/12/2025.

    The content should be noted: Promulgation of the procedure for application for issuance of a bank card issuer identification number (hereinafter referred to as the “BIN”), as listed in the Appendix on the list of administrative procedures under the management scope of the State Bank of Vietnam eligible for online public service provision on the National Public Service Portal promulgated together with Decision No. 3937/QD-NHNN.

    1.6. Decree No. 324/2025/ND-CP on financial policies applicable to international financial centers in Vietnam

    • Name of legal document: Decree No. 324/2025/ND-CP issued on 18/12/2025 by the Government on financial policies applicable to international financial centers in Vietnam (hereinafter referred to as “Decree No. 324/2025/ND-CP”).
    • Effective date: 18/12/2025.

    The content should be noted: Financial regime applicable to Members operating in the banking sector.

    Specifically, Article 12 of Decree No. 324/2025/ND-CP provides as follows: Article 12. Financial regime applicable to Members operating in the banking sector

    Single-member limited liability commercial banks and branches of foreign banks that are Members may, at their option, apply the financial regime currently applied under the policies of the owner or the parent bank, or implement the financial regime in accordance with Decree No. 135/2025/ND-CP dated 12/6/2025 of the Government on the financial regime applicable to credit institutions and branches of foreign banks and on financial supervision and evaluation of the effectiveness of state capital investment in credit institutions wholly owned by the State and credit institutions with state capital, and the amending, supplementing, or replacing documents thereof (if any).”

    1.7. Decree No. 329/2025/ND-CP on licensing of the establishment and operation of banks, foreign exchange management, anti-money laundering, counter-terrorist financing, and countering the financing of the proliferation of weapons of mass destruction at international financial centers in Vietnam

    • Name of legal document: Decree No. 329/2025/ND-CP issued on 18/12/2025 by the Government on licensing of the establishment and operation of banks, foreign exchange management, anti-money laundering, counter-terrorist financing, and countering the financing of the proliferation of weapons of mass destruction at international financial centers in Vietnam (hereinafter referred to as “Decree No. 329/2025/ND-CP”).
    • Effective date: 18/12/2025.

    The content should be noted: Responsibilities of member banks in protecting customers’ rights and interests.

    Specifically, Article 5 of Decree No. 329/2025/ND-CP provides as follows: Article 5. Responsibilities of member banks in protecting customers’ rights and interests

    Facilitating customers in depositing and withdrawing funds; ensuring full and timely payment of the principal and interest of deposits in accordance with agreements and in compliance with applicable laws; and not being required to participate in deposit insurance in accordance with the Law on Deposit Insurance of Vietnam. Other responsibilities of member banks in protecting customers’ rights and interests shall be implemented in accordance with Article 10 of the Law on Credit Institutions.”

    1.8. Consolidated Document No. 30/VBHN-NHNN consolidating Circulars on banking card activities

    • Name of legal document: Consolidated Document No. 30/VBHN-NHNN issued on 19/12/2025 by the State Bank of Vietnam consolidating Circulars on banking card activities (hereinafter referred to as “Consolidated Document No. 30/VBHN-NHNN”).
    • Consolidation date: 19/12/2025.

    The content should be noted: This document consolidates Circular No. 18/2024/TT-NHNN issued on 28/06/2024 of the Governor of the State Bank of Vietnam on banking card activities and Circular No. 45/2025/TT-NHNN issued on 19/11/2025 of the Governor of the State Bank of Vietnam amending and supplementing a number of articles of Circular No. 18/2024/TT-NHNN on banking card activities.

    1.9. Decision No. 3955/QD-NHNN on the promulgation of newly issued administrative procedures in the field of banking information technology activities implemented at the one-stop shop under the management authority of the State Bank of Vietnam

    • Name of legal document: Decision No. 3955/QD-NHNN dated 19/12/2025 of the State Bank of Vietnam on the promulgation of newly issued administrative procedures in the field of banking information technology activities implemented at the one-stop shop under the management authority of the State Bank of Vietnam.
    • Effective date: 15/01/2026.

    The content should be noted: Promulgation of the Procedure for requesting the establishment, modification, or termination of connection to the computer network of the State Bank of Vietnam, as listed in Section I.A.1 of the newly issued administrative procedures in the field of banking information technology activities under the management authority of the State Bank of Vietnam promulgated together with Decision No. 3955/QD-NHNN.

    1.10. Circular No. 49/2025/TT-NHNN providing for dossiers and procedures for approval of changes of non-bank credit institutions

    • Name of legal document: Circular No. 49/2025/TT-NHNN dated 23/12/2025 of the State Bank of Vietnam providing for dossiers and procedures for approval of changes of non-bank credit institutions (hereinafter referred to as “Circular No. 49/2025/TT-NHNN”).
    • Effective date: 06/02/2026.

    The content should be noted: Increase of charter capital of limited liability non-bank credit institutions.

    Specifically, Article 9 of Circular No. 49/2025/TT-NHNN provides as follows: Article 9. Increase of charter capital of limited liability non-bank credit institutions

    1. Application dossier shall include:a) A written request for approval of the increase of charter capital and for amendment and supplementation of the License in relation to the increase of charter capital of the non-bank credit institution;b) A document of the competent authority approving the charter capital increase plan of the non-bank credit institution, which shall at least include the following contents:

    (i) Reasons for and necessity of the charter capital increase;

    (ii) Current charter capital and proposed amount of additional charter capital;

    (iii) Expected phases of charter capital increase during the year and sources for increasing charter capital;

    (iv) Expected timeline for completion of the charter capital increase;

    (v) Expected balance sheets and business performance statements for three (03) consecutive years following the charter capital increase; expected plan for use of the increased charter capital in business operations;

    (vi) Capacity for governance, management, and risk control corresponding to the new charter capital scale;

    c) An explanatory document of the non-bank credit institution, certified by an auditing organization, regarding the impact of qualified audit opinions on the conditions for capital increase (in cases where the audited financial statements contain qualified opinions);

    d) In case the charter capital is increased through additional capital contribution by the owner or capital-contributing members, in addition to the dossiers specified at Points a, b, and c of this Clause, the non-bank credit institution shall submit the following additional documents:

    (i) A commitment on the use of lawful funds of the owner or capital-contributing members for additional capital contribution;

    (ii) A written confirmation from a Vietnamese commercial bank certifying the contributed capital amount of the owner or capital-contributing members or capital contribution from new capital-contributing members;

    (iii) Audited financial statements of the owner or capital-contributing members for the fiscal year immediately preceding the year of application for charter capital increase, audited by an independent auditing organization in accordance with law (except where the owner or capital-contributing member is a Vietnamese credit institution). Where audited financial statements are not yet available at the time of dossier submission, unaudited financial statements shall be submitted and audited financial statements shall be submitted immediately after issuance by the auditing organization, and the applicant shall be responsible for the contents of the submitted financial statements;

    đ) In case the charter capital is increased through capital contribution by new capital-contributing members, in addition to the dossiers specified at Points a, b, c, d(i), and d(ii) of this Clause, the non-bank credit institution shall submit the dossier of the new capital-contributing members in accordance with the requirements applicable to founding members establishing a non-bank credit institution under relevant laws;

    e) In case the charter capital is increased from undistributed profits and other funds in accordance with law, in addition to the dossiers specified at Points a, b, and c of this Clause, the non-bank credit institution shall provide information on the reserve fund for charter capital supplementation, undistributed profits, and other funds as determined based on the independent audit results; and information on the amounts from such funds used for the charter capital increase.

    2. Approval procedures:

    a) The non-bank credit institution shall prepare and submit the dossier to the State Bank of Vietnam. Where the dossier is incomplete or invalid, within ten (10) days from the date of receipt, the State Bank of Vietnam shall issue a written request for supplementation of the dossier;

    b) Within thirty (30) days from the date of receipt of a complete and valid dossier, the State Bank of Vietnam shall issue a decision to amend and supplement the License; in case the License is not amended or supplemented, the State Bank of Vietnam shall issue a written response stating the reasons.”

    1.11. Circular No. 50/2025/TT-NHNN providing for dossiers and procedures for approval of certain changes of commercial banks and branches of foreign banks

    • Name of legal document: Circular No. 50/2025/TT-NHNN dated 24/12/2025 of the State Bank of Vietnam providing for dossiers and procedures for approval of certain changes of commercial banks and branches of foreign banks (hereinafter referred to as “Circular No. 50/2025/TT-NHNN”).
    • Effective date: 07/02/2026.

    The content should be noted: Change of name of commercial banks and branches of foreign banks.

    Specifically, Article 5 of Circular No. 50/2025/TT-NHNN provides as follows: Article 5. Change of name

    1. Application dossier shall include:a) A written request, which shall at least include the following contents:

    (i) Current name;

    (ii) Proposed new name, ensuring compliance with relevant laws and regulations on naming;

    (iii) Reasons for the change of name;

    (iv) Number and date of the resolution or decision of the General Meeting of Shareholders, in respect of a joint stock commercial bank, approving the change of the bank’s name;

    b) A resolution or decision of the Members’ Council, in respect of a limited liability commercial bank, approving the change of the bank’s name; a written approval of the parent bank approving the change of name of the branch of a foreign bank in Vietnam.

    2. Approval procedures:

    a) The commercial bank or branch of a foreign bank shall prepare the dossier in accordance with Clause 1 of this Article and submit it to the State Bank of Vietnam. Where the dossier is incomplete or invalid, within seven (07) working days from the date of receipt, the State Bank of Vietnam shall issue a written request for supplementation and completion of the dossier;

    b) Within twenty-five (25) working days from the date of receipt of a complete and valid dossier, the State Bank of Vietnam shall approve the change of name of the commercial bank or branch of the foreign bank and issue a decision amending the License; in case of refusal, the State Bank of Vietnam shall issue a written response clearly stating the reasons.”

    1.12. Decree No. 340/2025/ND-CP providing for administrative sanctions in the field of monetary and banking activities

    • Name of legal document: Decree No. 340/2025/ND-CP dated 25/12/2025 of the Government providing for administrative sanctions in the field of monetary and banking activities (hereinafter referred to as “Decree No. 340/2025/ND-CP”).
    • Effective date: 09/02/2025.

    The content should be noted: Violations of regulations on licenses issued by the State Bank of Vietnam and prohibited acts

    Specifically, Article 7 of Decree No. 340/2025/ND-CP provides:Article 7. Violations of regulations on licenses issued by the State Bank of Vietnam and prohibited acts

    1. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for using the organizational name stated on documents and papers in operations that is inconsistent with the organizational name stated in the license.
    2. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to meet or maintain full compliance with the requirements for commencement of operations of domestic branches or transaction offices of credit institutions.
    3. A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for failure to fully comply with the conditions for commencement of operations as prescribed in the Law on Credit Institutions.
    4. A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for one of the following violations:a) Borrowing, lending, leasing, subleasing, purchasing, selling, or transferring a license, except for the case prescribed at Point b Clause 4 Article 31 of this Decree;b) Erasing or altering a license resulting in changes to its contents without reaching the threshold for criminal prosecution, except for the case prescribed at Point b Clause 4 Article 31 of this Decree.
    5. A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for one of the following violations:a) Fraudulent acts in documents proving eligibility for license issuance in the application dossier without reaching the threshold for criminal prosecution, except for the cases prescribed at Clause 2 Article 22 and Point a Clause 4 Article 31 of this Decree;b) Conducting operations inconsistent with the contents stated in the license, except for the cases prescribed at Clause 1, Point b Clause 6 of this Article; Clause 6 Article 21; Point c Clause 8 Article 27; Point c, Point d Clause 5, Point a Clause 6 Article 28; Point d Clause 4 Article 31 of this Decree;c) A transaction office carrying out activities that it is not permitted to perform under the law on the operational network of commercial banks.
    6. A fine ranging from VND 300,000,000 to VND 400,000,000 shall be imposed for one of the following violations:a) Continuing operations after a competent authority has applied restrictive, suspension, or temporary suspension measures in accordance with the Law on the State Bank of Vietnam;b) Conducting banking activities or other business activities beyond the scope stated in the license, except for the case prescribed at Point d Clause 4 Article 8 of this Decree.
    7. A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for one of the following violations:a) Conducting banking activities without a license, except for the cases prescribed at Point c Clause 8 Article 27; Point d, Point e Clause 5, Clause 8 Article 28; Clause 6 Article 31 of this Decree;b) Violating regulations on the use of terms related to banking activities in accordance with the Law on Credit Institutions;c) Illegally interfering in banking activities or other business activities of credit institutions or foreign bank branches;d) Violating regulations on tying the sale of non-mandatory insurance products to the provision of banking products or services in any form in accordance with the Law on Credit Institutions.
    8. Remedial measures:a) Mandatory remittance to the state budget of illicit profits obtained from violations prescribed at Clause 4, Points a and b Clause 5, Clause 6, and Point a Clause 7 of this Article;b) Requesting competent authorities to revoke licenses for violations prescribed at Points a and b Clause 5 and Point a Clause 6 of this Article;c) Considering, proposing, or requesting competent authorities to apply suspension measures from 01 month to 03 months or to dismiss individuals from managerial, executive, or supervisory positions; prohibiting individuals from holding managerial, executive, or supervisory positions at credit institutions or foreign bank branches for violations prescribed at Clause 4, Points a and b Clause 5, Clause 6, and Point a Clause 7 of this Article.

    Considering and requesting credit institutions or foreign bank branches to dismiss individuals and apply other handling measures in accordance with law for individuals under the authority of the credit institutions or foreign bank branches.

    d) Requiring the return of licenses that have been erased or altered, resulting in distorted contents, to the competent authority that issued the license for violations prescribed at Point b Clause 4 of this Article;

    đ) Requiring the implementation of measures to terminate contracts and bearing all costs and damages arising from the termination of insurance product supply contracts in cases where customers request contract termination for violations prescribed at Point d Clause 7 of this Article.”

    1.13. Decision No. 4033/QD-NHNN on the correction of Circular No. 52/2025/TT-NHNN dated 25/12/2025 of the Governor of the State Bank of Vietnam amending and supplementing a number of articles of Circular No. 39/2016/TT-NHNN dated 30/12/2016 of the Governor of the State Bank of Vietnam regulating lending activities of credit institutions and foreign bank branches to customers

    • Name of legal document: Decision No. 4033/QD-NHNN dated 25/12/2025 of the State Bank of Vietnam on the correction of Circular No. 52/2025/TT-NHNN dated 25/12/2025 of the Governor of the State Bank of Vietnam amending and supplementing a number of articles of Circular No. 39/2016/TT-NHNN dated 30/12/2016 of the Governor of the State Bank of Vietnam regulating lending activities of credit institutions and foreign bank branches to customers (hereinafter referred to as “Decision No. 4033/QD-NHNN”).
    • Effective date: 25/12/2025.

    The content should be noted: Technical correction.

    Specifically, Article 1 of Decision No. 4033/QD-NHNN provides: Article 1. Correction of a technical error in Article 1 of Circular No. 52/2025/TT-NHNN dated 25/12/2025 of the Governor of the State Bank of Vietnam amending and supplementing a number of articles of Circular No. 39/2016/TT-NHNN dated 30/12/2016 of the Governor of the State Bank of Vietnam regulating lending activities of credit institutions and foreign bank branches to customers, as follows:

    The phrase working day is corrected to day.”

    1.14. Circular No. 51/2025/TT-NHNN amending and supplementing a number of articles of Circular No. 16/2021/TT-NHNN dated 10/11/2021 of the Governor of the State Bank of Vietnam regulating the purchase and sale of corporate bonds by credit institutions and foreign bank branches

    • Name of legal document: Circular No. 51/2025/TT-NHNN dated 25/12/2025 of the State Bank of Vietnam amending and supplementing a number of articles of Circular No. 16/2021/TT-NHNN dated 10/11/2021 of the Governor of the State Bank of Vietnam regulating the purchase and sale of corporate bonds by credit institutions and foreign bank branches (hereinafter referred to as Circular No. 51/2025/TT-NHNN).
    • Effective date: 25/12/2025.

    The content should be noted: Amendments and supplements to internal regulations.

    Specifically, Article 1 of Circular No. 51/2025/TT-NHNN provides: Article 1. Amendment and supplementation of Clause 4 Article 6

    4. Based on the provisions of this Circular and other relevant laws, within 10 (ten) working days from the date the credit institution promulgates, amends, or supplements its internal regulations on the purchase and sale of corporate bonds:

    a) The credit institution shall submit its internal regulations to the State Bank of Vietnam (the Agency for Banking Supervision and Inspection), except for the case specified at point b of this Clause;

    b) Credit institutions subject to micro-prudential inspection and supervision by the regional branches of the State Bank of Vietnam shall submit their internal regulations to the respective regional branches of the State Bank of Vietnam..

    1.15. Circular No. 59/2025/TT-NHNN regulating the provision and use of specialized electronic signatures and specialized electronic signature certificates of the State Bank of Vietnam

    • Name of legal document: Circular No. 59/2025/TT-NHNN dated 29/12/2025 of the State Bank of Vietnam regulating the provision and use of specialized electronic signatures and specialized electronic signature certificates of the State Bank of Vietnam (hereinafter referred to as “Circular No. 59/2025/TT-NHNN”).
    • Effective date: 01/03/2026.

    The content should be noted: Contents of electronic signature certificates.

    Specifically, Article 5 of Circular No. 59/2025/TT-NHNN provides: “Article 5. Contents of electronic signature certificates

    Electronic signature certificates issued by the State Bank of Vietnam include the following contents:

    1. Name of the State Bank of Vietnam.
    2. Name of the subscriber.
    3. Identification of the subscriber.
    4. Serial number of the electronic signature certificate.
    5. Validity period of the electronic signature certificate.
    6. Data used to verify the electronic signature of the agency, organization, or individual granted the electronic signature certificate.
    7. Electronic signature of the State Bank of Vietnam.
    8. Purpose and scope of use of the electronic signature certificate.
    9. Legal responsibilities of the State Bank of Vietnam.”

    1.16. Decision No. 4062/QĐ-NHNN regulating the promulgation of amended and supplemented administrative procedures in the field of establishment and banking operations implemented at the one-stop-shop unit within the scope of management functions of the State Bank of Vietnam

    • Name of legal document: Decision No. 4062/QĐ-NHNN dated 30/12/2025 of the State Bank of Vietnam regulating the promulgation of amended and supplemented administrative procedures in the field of establishment and banking operations implemented at the one-stop-shop unit within the scope of management functions of the State Bank of Vietnam.
    • Effective date: 29/01/2026.

    The content should be noted: Amendment and supplementation of the procedure for approval of overseas listing of shares on foreign securities markets of joint-stock credit institutions as listed in Part I.A.1 of the amended and supplemented administrative procedures in the field of establishment and banking operations within the scope of management functions of the State Bank of Vietnam promulgated together with Decision No. 4062/QĐ-NHNN.

    1.17. Circular No. 61/2025/TT-NHNN regulating the operational network of commercial banks

    • Name of legal document: Circular No. 61/2025/TT-NHNN dated 31/12/2025 of the State Bank of Vietnam regulating the operational network of commercial banks (hereinafter referred to as “Circular No. 61/2025/TT-NHNN”).
    • Effective date: 15/02/2026.

    The content should be noted: Competence to approve matters related to the operational network of commercial banks.

    Specifically, Article 4 of Circular No. 61/2025/TT-NHNN provides: “Article 4. Competence to approve the operational network of commercial banks

    1. The Governor of the State Bank of Vietnam shall consider and approve the establishment, termination of operations, dissolution (except for voluntary termination of operations) of domestic branches; the establishment of overseas branches, representative offices, and subsidiary banks; and the conversion of the legal form of overseas subsidiary banks of commercial banks.
    2. The Director General of the Agency for Banking Supervision and Inspection shall consider and approve the establishment, termination of operations, dissolution (except for voluntary termination of operations) of domestic transaction offices, representative offices, and public service units of commercial banks.
    3. The Director of the Regional Branch of the State Bank of Vietnam shall consider and approve:a) Change of location of branch headquarters and transaction offices;b) Voluntary termination of operations of branches and transaction offices.
    4. In certain specific cases, the Governor of the State Bank of Vietnam shall consider and decide to approve:a) The establishment of domestic branches, representative offices, public service units, and transaction offices; and overseas branches, representative offices, and subsidiary banks of commercial banks, based on dossiers and procedures as prescribed in this Circular and in accordance with actual conditions in order to:

    (i) Serve objectives of economic, social, political, security, national defense, diplomatic development and monetary policy administration in each period;

    (ii) Support commercial banks in participating in the restructuring of people’s credit funds subject to special control;

    b) The conversion of a domestic transaction office into a branch of a commercial bank, based on dossiers, conditions, order and procedures for establishment of domestic branches prescribed in this Circular, in accordance with actual conditions in order to implement an approved credit institution restructuring plan;

    c) Matters related to the operational network of commercial banks to implement the approved restructuring plan of commercial banks subject to special control, based on dossiers and procedures prescribed in this Circular.”

    2. Legal documents are effective in 01/2026

    2.1. Law on Personal Data Protection No. 91/2025/QH15

    • Name of legal document: Law on Personal Data Protection No. 91/2025/QH15 promulgated on 26/6/2025 by the National Assembly of Vietnam (hereinafter referred to as “Law No. 91/2025/QH15”).
    • Effective date: 01/01/2026.

    The content should be noted: Personal data protection in finance, banking, and credit information activities.

    Specifically, Article 27 of Law No. 91/2025/QH15 provides: “Article 27. Personal data protection in finance, banking, and credit information activities

    1. Organizations and individuals operating in finance, banking, and credit information activities shall:a) Comply with regulations on the protection of sensitive personal data and safety and confidentiality standards in finance and banking according to the law;b) Refrain from using personal data subject matters’ credit information to mark, rank, evaluate credit information, or assess creditworthiness without their consent;c) Only collect personal data necessary for credit information activities from sources in conformity with this Law and relevant laws;d) Issue notices to personal data subject matters in case of leakage or loss of information on bank accounts, finance, credit, or credit information.
    2. Organizations and individuals engaging in credit information activities shall comply with this Law; apply measures to prevent unauthorized access, use, disclosure, and modification of clients’ personal data; adopt measures to restore clients’ personal data in case it is lost; ensure confidentiality during the collection, provision, and processing of clients’ personal data in service of credit information assessment.
    3. The Government of Vietnam shall elaborate on this Article.”

    2.2. Circular No. 45/2025/TT-NHNN on amendments to certain Articles of Circular No. 18/2024/TT-NHNN on bank card operations

    • Name of legal document: Circular 45/2025/TT-NHNN issued on 19/11/2025 by the State Bank of Vietnam on amendments to certain Articles of Circular No. 18/2024/TT-NHNN on bank card operations (hereinafter referred to as “Circular No. 45/2025/TT-NHNN”).
    • Effective date: 05/01/2026.

    The content should be noted: Amending and supplementing the total cash withdrawal limit of credit cards

    Specifically, Article 6 of Circular No. 45/2025/TT-NHNN provides: Article 6. Amendments to clause 3 of Article 13

    “3. Total monthly cash withdrawal limit for a cardholder by BIN of a credit card is 100 (one hundred) million VND.”.

    2.3. Decision No. 4062/QD-NHNN on the promulgation of amended and supplemented administrative procedures in the field of establishment and operation of banks implemented at the one-stop-shop under the management functions of the State Bank of Vietnam

    • Name of legal document: Decision No. 4062/QD-NHNN dated 30/12/2025 issued by the State Bank of Vietnam on the promulgation of amended and supplemented administrative procedures in the field of establishment and operation of banks implemented at the one-stop-shop under the management functions of the State Bank of Vietnam.
    • Effective date: 29/01/2026.

    The content should be noted: Amendment and supplementation of the Procedure for approval of overseas listing of shares on foreign securities markets of joint-stock credit institutions as listed in Section I.A.1 of the amended and supplemented administrative procedures in the field of establishment and operation of banks under the management functions of the State Bank of Vietnam promulgated together with Decision No. 4062/QD-NHNN.

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