- HM&P: Vietnam International Law Firm
- HM&P: Vietnam International Law Firm
- 02873080839
- https://hmplaw.vn/
Insights
The transaction of "transfer of factories in industrial parks" in most cases is considered by the tax authority as income from real estate transfer, even if the contract records "only transfer of factories" – land-attached assets without recording the transaction as the transfer of houses/works attached to land or assets attached to land. This shows that this transaction is still not understood and agreed in the way of implementation between invisible related parties, which has created risks for businesses in the transfer process.
The issuance of individual corporate bonds is an important capital mobilization channel but is sensitive to the risk of "information asymmetry" when the issuer knows better than investors about financial health, purpose of using capital, collateral and debt repayment capacity. When the obligation to disclose information is carried out in a slow, insufficient or wrong form, the market is prone to falling into improper risk valuation, wrong capital allocation and causing a lack of investor confidence.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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