Insights

Insights

Draft decree on administrative sanctions for violations in the field of cyber security and personal data protection: The economic burden on businesses

The Draft Decree on sanctioning administrative violations in cyber security and personal data protection ("Draft Decree") is formed in the context that the law on cyber security and personal data protection ("PDP") will be officially implemented from the beginning of 2026.

Post-merger disputes: Old lessons but businesses are still entangled

The post-merger dispute between EQuest and Ms. Pham Bich Nga (related to the investment/transfer of ownership and operation of Hanoi Star Education System) is a "case study" to look directly at post-M&A risks in Vietnam: the buyer has a majority, have been paid, but can still be "stuck" at the stage of operational control, legal transfer and real control at the target company.

It is a significant challenge for businesses providing cross-border services in Vietnam when the provisions of the Law on Cyber Security 2025 take effect

The strong development of the digital economy has gradually blurred geographical boundaries in the provision of services in cyberspace. Technology businesses such as Google, Meta, Netflix,... can reach millions of users in Vietnam without a physical presence, thereby forming an increasingly popular and difficult to control cross-border service delivery model. This invisibly entails many risks in terms of security and confidentiality of user data. Therefore, ensuring cyber security and information management is increasingly required, requiring coordination between businesses and professional management agencies against potential risks, directly harming the State and individuals and organizations using cross-border products and services.

2026 General Meeting of Shareholders: What should businesses pay attention to?

The 2026 General Meeting of Shareholders (AGM) season takes place in a more special context when many important legal changes related to public company governance, information disclosure and operating mechanism of the General Meeting of Shareholders simultaneously take effect, forcing businesses to make appropriate adjustments.

Things to note when setting up and using science and technology development funds in enterprises

The Law on Corporate Income Tax 2025 ("Law on CIT") allows enterprises to deduct up to 20% of their annual taxable income to form the Science and Technology Development Fund. But the correct compliance when setting up this fund is also something that businesses need to pay attention to. In essence, allowing enterprises to set up science and technology funds is a strategic financial and tax tool, helping enterprises reallocate pre-tax profits to high value-added activities. However, this mechanism is not absolute tax exemption. In case of using the science and technology fund for the wrong purpose, failing to reach the minimum utilization rate as prescribed, or violating the declaration obligation, the enterprise may be subject to the arrears of CIT corresponding to the invalid appropriation, accompanied by late payment interest.

Margin contract disputes: Potential risks for securities companies in Vietnam

Margin trading is a popular financial service that allows investors to buy securities with loans from securities companies, with the purchased shares and assets on the account as collateral. This service helps to increase purchasing power and amplify profits for investors, but at the same time amplifies risks. When the market fluctuates adversely, the value of collateral declines rapidly can lead to disputes over escrow contracts between investors and securities companies over the performance of obligations, handling of collateral, interest rates and compensation for damages.

Develop an internal AI use policy: Don't rush to make it available

The Law on Artificial Intelligence ("AI") 2026 officially takes effect on 01 March, 2026, this specialized law means that the use of AI in businesses is a matter of risk management, responsibility and compliance. Meanwhile, many businesses are sprinting to build policies to use AI internally as a way to respond to the situation. The common reaction of many businesses in using AI today is divided into two extremes. On the one hand, it is floating, allowing personnel to freely use AI tools without direction, without controlling input data, without delineating responsibilities. The other side is frozen, concerned about risks, so they prohibit and tighten to the point of suppressing the benefits that AI can bring. Neither is a sustainable strategy.

Mortgage contract disputes: When the bank lacks the necessary care

The plaintiff argued that the bank had arbitrarily revalued the assets and extended the security obligation beyond the original agreement, while the bank invoked the provision on security for future obligations to affirm the validity of the mortgage contract. The appellate civil case No. 109/2024/DS-PT between Mr. Ha Anh D, Ms. Pham Thi Thanh T and K3 Commercial Joint Stock Bank related to the dispute over the mortgage contract for a third-party loan raises many important legal issues . In this article, we will clarify the role of the principles of transparency, voluntariness, and equality in contracting, especially clarifying the legality and limitation of the scope of the mortgage contract when performing the contract.

Risks of multiple transfer contracts in the same M&A transaction

M&A is a complex field, each agreement is worth tens of billions of VND or more, so it is impossible to be subjective in the drafting and implementation of contracts. The use of many discrete and inconsistent contracts/documents is not only not "safer", but on the contrary, it also opens up dangerous loopholes, leading to risks for transactions and can cause protracted disputes between parties.

What businesses need to do when the Law on Artificial Intelligence 2025 has taken effect from 01 March 2026

As of March 1, 2026, the Law on Artificial Intelligence 2025 ("Law on AI") has officially come into effect, marking a transformation when it is officially recognized separately in specialized legal regulations. Currently, the Government is also urgently collecting comments on 04 draft documents, including: (i) Decree guiding the implementation of the Law on AI; (ii) Circular guiding the National Artificial Intelligence Ethics Framework; (iii) 02 Decisions related to the List of high-risk artificial intelligence systems and the List of datasets for the development of artificial intelligence in essential fields to soon complete this very new legal framework in Vietnam.

As AI becomes a driving force and tool for global M&A

The rise of generative AI in recent years is not merely a technological trend but has become a core catalyst to reshape the growth strategy of businesses. The global M&A market is on track to recover strongly with the total transaction value in the first nine months of 2025 reaching $1.93 trillion, up 10% year-on-year . In particular, AI plays the role of the "heart" of megadeals (over $5 billion) and is a vital factor that forces old competitors to shake hands to survive.

How does Vietnam regulate the protection of student data in schools?

Schools around the world as well as in Vietnam are using more and more technology in teaching and learning. Creating conditions for educational technology (EdTech) companies to take advantage of and fully exploit the "data gold mine" of students. This forces countries, including Vietnam, to take action to strictly protect student data in an increasingly digital educational environment.