Vietnam Regulatory Updates — August 2026
Vietnam regulatory updates for August 2026 include eight regulatory and policy developments relevant to foreign investors and businesses operating in Vietnam, spanning foreign investment, foreign exchange, commodity trading, data, electronic identification, corporate ownership disclosure and document authentication. Several measures are already in force, while others take effect during September 2026.
Vietnam Regulatory Updates — August 2026
Instrument | Area | Who it affects | Effective | First action |
Resolutions 66.17/2026/NQ-CP & 66.18/2026/NQ-CP | Foreign investment | Foreign investors entering regulated sectors | 1 July 2026 | Recheck market-entry procedures |
Decree 296/2026/ND-CP | Corporate | Companies with layered ownership structures | 23 July 2026 | Identify beneficial owners |
Circular 38/2026/TT-NHNN | Foreign exchange | FIEs receiving or restructuring foreign capital | 18 August 2026 | Review capital account arrangements |
Decree 293/2026/ND-CP | Document authentication | Investors using cross-border public documents | 11 September 2026 | Review authentication procedures |
Decree 302/2026/ND-CP | Commodity trading | Commodity exchanges and related investors | 15 September 2026 | Assess licensing requirements |
Decree 314/2026/ND-CP | Data | Data exchanges and data service providers | 25 September 2026 | Audit data governance |
Decree 320/2026/ND-CP | Electronic identification | Foreign nationals using Vietnam e-ID services | 28 September 2026 | Prepare e-ID registration |
Resolution 10-NQ/TW | Foreign investment policy | New and expanding foreign-invested projects | Policy direction | Reassess investment positioning |
Foreign investment procedures are moving toward simpler market entry
Two Government resolutions that became effective on 1 July 2026 continue to reshape the procedural environment for foreign investment. Resolution 66.17/2026/NQ-CP, issued by the Government on 15 May 2026, addresses reductions and amendments to conditional business sectors. Resolution 66.18/2026/NQ-CP, issued on 18 May 2026, deals with decentralisation and the reduction and simplification of administrative procedures and business conditions.
Together, the measures form part of a broader shift away from relying heavily on pre-approval procedures toward greater use of disclosure, self-compliance and post-activity supervision. One development relevant to foreign investors is an Enterprise Registration Certificate (ERC)-first approach in certain circumstances. Where applicable, allowing company registration to proceed earlier in the establishment sequence may reduce procedural bottlenecks associated with traditional foreign-investment market entry.
This does not mean that investment conditions have disappeared. Sector-specific requirements, foreign ownership restrictions and other licensing obligations may continue to apply depending on the investor and proposed business activities. What businesses should do: Investors planning a new Vietnamese entity, adding business lines or restructuring an existing foreign-invested enterprise should avoid relying automatically on the incorporation sequence used for earlier projects. Check whether the simplified procedures introduced under Resolutions 66.17 and 66.18 apply before preparing the registration strategy.
Ultimate beneficial ownership is now part of corporate compliance
Corporate ownership transparency has become a more significant compliance issue following amendments to Vietnam's Enterprise Law and the issuance of Decree 296/2026/ND-CP. The Government issued Decree 296 on 23 July 2026, and it took effect on the same date. The Decree amends provisions of Decree 168/2025/ND-CP on enterprise registration and further clarifies the treatment of beneficial owners.
A beneficial owner may include an individual who ultimately owns or exercises actual control over an enterprise, directly or indirectly. The framework therefore matters beyond companies with simple individual shareholders. Foreign-invested businesses frequently operate through holding companies, regional investment vehicles or multi-layer corporate structures. In those cases, identifying the relevant natural person may require looking beyond the company's immediate shareholder.
Companies should ensure that ownership records can accurately identify the individuals ultimately behind the corporate structure and that information remains current when ownership or control changes. This becomes particularly relevant during company registration, amendments to enterprise information, investment restructuring and regulatory review. What businesses should do: Map the ownership chain from the Vietnamese company through intermediate corporate shareholders to the relevant natural persons. Companies with offshore holding structures should also establish an internal process for updating beneficial ownership information following changes in shareholding or control.
Foreign investment capital accounts have more flexible rules
The State Bank of Vietnam issued Circular 38/2026/TT-NHNN on 31 July 2026, replacing and restructuring important aspects of the foreign exchange framework for foreign investment in Vietnam. The Circular took effect on 18 August 2026. For foreign-invested enterprises, this is one of the most operationally important regulatory changes in this month's roundup.
Investment capital account arrangements become more flexible
Under the revised framework, investors may maintain foreign-currency and Vietnamese-dong investment capital accounts at the same licensed bank without first having to establish the foreign-currency account. Where investment capital is contributed in different foreign currencies, separate investment capital accounts may also be established for the relevant currencies at the same bank.
The framework additionally permits investment capital accounts to be opened before the issuance or amendment of an Investment Registration Certificate in specified circumstances. This can be particularly relevant to new investments, capital increases and restructuring transactions where the timing of banking and licensing procedures needs to be coordinated.
Some capital can arrive earlier in the corporate process
Circular 38 also addresses the sequencing of foreign capital contributions and corporate amendments. Previously, an investor could encounter a practical timing problem: the Vietnamese entity required additional funding, but the regulatory and corporate procedures connected with increasing its capital had not yet been completed. The revised framework provides greater flexibility for certain foreign capital contributions to occur before completion of charter-capital amendment procedures.
That flexibility does not eliminate foreign exchange controls. Companies still need to determine the correct account, transaction purpose, supporting documents and licensing sequence for the particular investment. What businesses should do: FIEs planning capital increases, new foreign investment or corporate restructuring should review their direct investment capital accounts, internal treasury procedures and transaction sequencing with their licensed bank before remitting funds.
Apostille procedures can simplify cross-border documents from September
Vietnam's implementation of the Hague Apostille Convention introduces an important practical change for investors and companies regularly submitting foreign public documents. The Government issued Decree 293/2026/ND-CP on 23 July 2026, with the Decree taking effect on 11 September 2026.
The Apostille framework can remove the need for an additional consular legalisation layer for qualifying public documents moving between Vietnam and other participating jurisdictions. For foreign investors, this can affect documents commonly required during market entry and corporate procedures, including certain corporate records, powers of attorney and other public documents. It can also be relevant to expatriate employees submitting educational or personal records.
The practical benefit is potentially substantial: fewer authentication steps can mean shorter document preparation times and lower administrative and courier costs. However, Apostille does not mean that every foreign document can automatically be filed in Vietnam without further preparation. Whether a document qualifies, its country of origin and requirements such as Vietnamese translation or certification still need to be considered for the particular procedure. What businesses should do: Before starting a new legalisation process after 11 September, determine whether the relevant document and issuing jurisdiction fall within the Apostille framework rather than automatically following the previous consular legalisation route.
Commodity exchanges face a tenfold increase in minimum capital
The Government issued Decree 302/2026/ND-CP on 1 August 2026 to regulate commodity trading through commodity exchanges under the Commercial Law. The Decree takes effect on 15 September 2026.
One of its clearest changes is financial: the minimum charter capital requirement for a commodity exchange rises from VND 150 billion to VND 1,500 billion, a tenfold increase. The framework maintains the 49% foreign ownership cap applicable to commodity exchange operators while introducing additional requirements relating to information technology, cybersecurity, market surveillance, clearing and settlement. The Decree also moves the market toward a more formalised infrastructure for transaction monitoring and regulatory reporting.
For existing commodity exchange operators, the capital threshold and operating requirements require direct compliance review. For foreign investors assessing opportunities in commodity-market infrastructure, the new framework materially changes the capital and compliance assumptions behind market entry. The effects may also extend indirectly to businesses in sectors such as agribusiness, logistics and financial services that interact with commodity exchanges. What businesses should do: Existing operators and prospective investors should compare current capital, ownership, technology, clearing and reporting arrangements against Decree 302 before its 15 September effective date.
Vietnam establishes a regulatory framework for data exchanges
Vietnam is creating a formal legal environment for trading data and data-related products through Decree 314/2026/ND-CP. The Government issued the Decree on 8 August 2026, and it takes effect on 25 September 2026. The framework is particularly relevant to technology businesses, data service providers and organisations seeking to participate in Vietnam's developing data economy.
Foreign participants may need a presence in Vietnam
Foreign organisations participating in data exchange transactions are required to maintain an appropriate commercial presence, branch or representative office in Vietnam, subject to Vietnamese law and applicable international treaties. This means overseas businesses should assess market-entry structure as well as data compliance before participating in regulated data exchange activities.
Data must have a lawful and traceable origin
Data offered for exchange must have a lawful and verifiable origin. Participants also need to consider intellectual property, cybersecurity, transparency and traceability requirements. Personal data receives additional protection. It cannot simply be treated as a tradable commercial asset: personal data involved in exchange activities must be appropriately de-identified and handled consistently with applicable data protection requirements.
Data exchange operators also have record-retention responsibilities designed to support reconciliation, searches, dispute resolution and inspections by competent authorities. For businesses already managing large datasets, the issue is therefore broader than cybersecurity. Companies need to be able to explain where data came from, whether they have the right to use it, whether it contains personal information and how transactions involving it can be traced. What businesses should do: Companies planning to participate in data exchanges should conduct a data inventory before 25 September and document data origin, usage rights, personal-data status, security controls and record-retention procedures.
Foreigners will have a new e-ID registration procedure
The Government issued Decree 320/2026/ND-CP on 13 August 2026, amending Decree 69/2024/ND-CP on electronic identification and authentication. The new rules take effect on 28 September 2026. The Decree changes the procedure through which foreigners in Vietnam obtain electronic identification accounts and removes the previous distinction between Level 1 and Level 2 accounts for this process.
Foreign applicants generally need to attend the Immigration Department of the provincial-level Police Authority and present a valid passport or other qualifying international travel document. Applicants provide the prescribed information under Form TK01, including a mobile number registered in their own name and an email address where applicable. Facial images and fingerprints are collected and checked against immigration records as part of identity verification.
Processing is generally expected to take up to two working days when the applicant's biometric information is already available in the National Immigration Database, and up to five working days where it is not. For companies employing foreign executives or specialists, the change matters because Vietnam continues to integrate identification and administrative procedures into digital government systems. What businesses should do: HR and mobility teams should inform foreign employees of the new procedure, particularly where e-ID access may be needed for administrative processes after 28 September.
Vietnam's FDI policy is shifting from investment volume to investment value
On 8 June 2026, the Politburo issued Resolution 10-NQ/TW on the development of the foreign-invested economic sector. Unlike the other instruments in this roundup, Resolution 10 is primarily a strategic policy document rather than a new compliance regime imposing an immediate operational deadline. Its significance lies in the direction it establishes for Vietnam's approach to foreign direct investment through 2030 and toward 2045.
The policy places greater emphasis on high-value investment, technology transfer, innovation, sustainability and stronger connections between foreign-invested and domestic enterprises. Priority areas include semiconductors, artificial intelligence, digital technologies, biotechnology, clean energy and advanced manufacturing. Vietnam is therefore signalling a gradual shift away from evaluating foreign investment primarily by capital volume and toward assessing the economic value and capabilities a project brings into the country.
For investors, this could eventually affect how investment incentives, project approvals and investment support mechanisms are structured. Projects involving R&D, advanced technology, regional headquarters, innovation and high-value production may become increasingly aligned with national investment priorities. Resolution 10 creates no immediate new filing requirement for ordinary FIEs; its importance is forward-looking. What businesses should do: Investors preparing major new projects or expansion plans should consider how their proposals demonstrate technology, workforce development, localisation, innovation and broader economic value, and monitor the implementing legislation that follows Resolution 10.
If your business is…
A manufacturing FIE. Circular 38/2026/TT-NHNN is immediately relevant if your company is increasing capital or restructuring foreign investment. Resolution 10-NQ/TW is also worth monitoring for businesses considering new factories, advanced manufacturing projects or major expansions, as future investment support is expected to place greater emphasis on technology, localisation and value creation.
A financial services or technology company. Decree 314/2026/ND-CP deserves the closest attention if your business provides data products or intends to participate in data exchange activities. Circular 38 may also affect foreign-investment funding arrangements, while Resolution 10 signals continuing policy support for digital technologies and other high-value investment.
An employer of foreign staff. Decree 320/2026/ND-CP introduces the updated e-ID registration procedure from 28 September. Decree 293/2026/ND-CP may also simplify the authentication of qualifying overseas documents used in employment and immigration procedures from 11 September.
A company mid-transaction or restructuring. Review three areas together: beneficial ownership under Decree 296/2026/ND-CP, capital movement under Circular 38/2026/TT-NHNN, and the simplified investment procedures under Resolutions 66.17 and 66.18. Transactions involving offshore holding structures may engage all three.
Vietnam Regulatory Updates: What Should Businesses Do Now?
August's changes do not create the same deadline for every company. Businesses with upcoming capital contributions or restructurings should review Circular 38 immediately. Companies involved in commodity exchanges should assess the VND 1,500 billion capital threshold and operating requirements before 15 September. Businesses entering the data economy have until 25 September to prepare for the new data exchange framework, while companies employing foreign nationals should brief relevant staff on the revised e-ID procedure taking effect on 28 September.
Companies should also treat beneficial ownership as an ongoing corporate-record issue rather than a one-off registration exercise. Investors planning projects for 2027 and beyond should monitor the implementing measures that follow Resolution 10. Vietnam's direction is increasingly clear: foreign capital remains important, but technology, innovation, localisation and long-term economic value are becoming more important factors in investment policy.
How Vinex can help?
Vinex supports foreign investors and foreign-invested enterprises navigating regulatory and corporate requirements in Vietnam, including company formation and market entry, corporate compliance and restructuring, foreign investment advisory, legal and licensing support, and document and corporate procedure support.
With several of the August measures taking effect during September 2026, companies planning investment, capital changes, data-related activities or corporate restructuring should review their current procedures before initiating the relevant transaction. Vinex can support businesses in identifying the requirements that apply to their specific structure and coordinating the necessary corporate, investment and regulatory procedures in Vietnam
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