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- HM&P: Vietnam International Law Firm
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- https://hmplaw.vn/
Insights
The Draft Decree detailing a number of articles and measures to implement the Law on Cyber Security 2025 (the "Draft Decree") is attracting great attention from the business community, especially enterprises providing cross-border services in Vietnam. According to the content of the Draft, the drafting agency is aiming to establish a stricter and more synchronous cyber security management mechanism, including issues such as: cyber security protection measures, ensuring network information security, IP address identification management and data storage mechanism in Vietnam.
The Law on Support for small and medium enterprises No. 04/2017/QH14 after 8 years of implementation has contributed to the formation of the first legal framework for activities to support business groups accounting for more than 98% of Vietnamese enterprises . However, in the face of rapid changes, capacity building for small and medium-sized enterprises ("SMEs") has become an urgent requirement. Therefore, the Ministry of Finance is consulting on the Draft Law on Amendments to the Law on SME Support ("Draft"), in order to improve the mechanism to support SMEs in a more substantive and effective way.
The Law on Investment 2025 opens up a notable change for foreign investors: in some cases, investors can establish businesses before completing the procedures for issuing an Investment Registration Certificate (IRC). However, this flexibility also poses a new requirement: investors must design industries, capital structures, investment plans and compliance obligations right from the time the enterprise has not officially had a licensed investment project.
In the context of deepening international economic integration, Vietnam has signed and participated in many investment promotion and protection agreements, new-generation free trade agreements and high commitments on foreign investor protection. By the end of 2025, Vietnam has been responding to more than 30 lawsuits initiated by foreign investors. Accordingly, on April 23, 2026, the National Assembly passed Resolution No. 20/2026/QH16 on coordination mechanisms and specific policies to improve the effectiveness of international investment dispute prevention and settlement ("Resolution 20/2026"). However, despite the Resolution’s new and progressive provisions, several bottlenecks remain unresolved.
In today's production and trade activities, especially in the textile, footwear, electronics, furniture or food industries, the outsourcing model has become an important part of the supply chain of enterprises. Instead of investing in the entire factory, labor and production line themselves, many businesses choose to assign part or all of the production stage to outsourcing partners to optimize costs and improve flexibility.
In the chemical industry, product formulations are often the core factor that creates a business's competitive advantage. For many products such as cosmetic chemicals, detergents, food additives or specialized industrial preparations, the commercial value lies not only in the brand but also in the mixing ratio, additive ingredients, technical processes or technological know-how invested and researched by enterprises for a long time.
According to the report of the Market Surveillance Force, in 2025, the country will handle more than 23,000 cases of violations related to counterfeit goods and goods of unknown origin, with a total value of nearly 290 billion VND. In just the first three months of 2026, the number of violations continues to reach 9,574 cases . These figures show that the problem of counterfeit goods and goods of unknown origin is still a big challenge for management agencies, businesses and consumers.
Vietnam continues to be considered an important destination for production investment capital flows, the demand for land lease in industrial parks and industrial clusters is increasing. For investors, especially foreign investors, obtaining the right to stably use an area of land in an industrial park is often a prerequisite for implementing projects, applying for investment registration certificates, building factories, organizing production and operating supply chains. However, practice shows that a land lease contract in an industrial park is not just a normal commercial transaction. This type of transaction is located at the intersection of civil law, land law, investment law, real estate business law and also foreign exchange, tax, and invoice law.
One of the most common ways to "force quit" in labor practice today is not direct dismissal, but isolating, humiliating or mentally pressuring employees to leave their jobs on their own. Enterprises may not issue a decision to terminate labor contracts immediately, but use measures such as irregular transfers, non-assignment of jobs, separation from the collective, excessive supervision, or creation of a punitive working environment to prevent employees from continuing to work.
Recently, social networks in Vietnam have recorded the widespread spread of information about the private life of a deceased student – from letters written to family, health status to personal circumstances before death . These contents, although shared for various purposes, from memorials to expressing emotions, quickly attracted great attention from the community. However, besides the sympathetic reactions, the case also raises a notable legal question: is the personal data of a deceased person protected?
The household business sector is becoming the focus of policy adjustment in the process of improving the tax law system in Vietnam. This region has a large number of subjects, a wide distribution, making a significant contribution to the circulation of goods and services, but at the same time also poses many challenges in tax management. Recent changes, including the adjustment of the taxable revenue threshold to about 1 billion VND/year and the absence of the traditional flat tax mechanism, indicate a shift towards a more transparent management model, based on data and self-declaration obligations of taxpayers.
In the management practice of some Vietnamese enterprises, internal labor regulations are often seen as a formal internal management tool. A regulation is issued for "sufficient documentation" rather than for substantive operation. However, when labor disputes arise, especially disputes over labor discipline in the form of dismissal, labor regulations become one of the factors that directly determine the outcome of the case.
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