Resources

Resources

Tax obligations of foreign enterprises for cloud computing services in Vietnam

The tax picture for cloud computing services provided across borders is changing drastically in Vietnam. From mid-2025, Vietnam has markedly shifted to the principle of taxation according to the place of consumption, and at the same time strengthened management with digital services through two mechanisms: (1) Foreign suppliers self-register – declare – pay taxes directly on the tax authority's web portal; and (2) deduction, submitted on behalf of the buyer, digital platform or payment intermediary organization in Vietnam.

When personal data processing services become a conditional line of business

The Law on Personal Data Protection No. 91/2025/QH15 dated June 26, 2025 of the National Assembly ("Law on PDP") and the Government's Decree No. 356/2025/ND-CP dated December 31, 2025 detailing a number of articles and measures to implement the Law on PDP ("Decree 356") have established personal data processing services as a conditional business field for the first time, are directly governed by specialized laws on PDP. This regulation has a significant impact on many businesses operating in the digital economy.

National foundation for science and technology development: When the State identifies science and technology as the spearhead of economic development

Focusing on implementing breakthroughs in science, technology, innovation and digital transformation, creating a foundation for the development of new and modern production forces is identified as one of the key tasks of the term of the XIV Congress . With this orientation, the requirement to strongly innovate the mechanism of allocation, management and use of resources for science, technology and innovation is becoming more and more clear, in the direction of priority.

Why has the Commercial Law not properly promoted its important role in the practice of 20 years of existence?

The 2005 Commercial Law was expected to be a "framework law" regulating commercial relations in the market economy, but the practice of more than two decades has shown that the role of the "central law" of this law has been significantly reduced. The reason does not lie in a specific provision, but the sum of many different factors such as the wide scope of regulation, the overlap between regulations, and the emergence of new specialized legal frameworks, has faded into obscuring a law that should have played the most important role in the nation's commerce.

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.

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