Dilinh Legal

Vietnam’s New Data Protection Law

dilinhadmin — Wed, 20 Aug 2025 08:27:30 +0000

On June 26, 2025, Vietnam’s National Assembly passed the Law on Personal Data Protection No. 91/2025/QH15, effective January 1, 2026 (“PDPL”). The PDPL will replace Decree No. 13/2023/ND-CP on Personal Data Protection (PDPD). The PDPL establishes a more comprehensive and detailed framework for data protection, building on and expanding the provisions of PDPD. It introduces new concepts, exemptions, and obligations, while retaining key compliance requirements such as data processing principles, cross-border data transfer regulations, and the need for Data Processing Impact Assessments (DPIAs) and Outbound Transfer Impact Assessments (OTIAs).

In this article, we provide a summary of its key provisions.

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Dilinh Legal Alert – Aug 2025

dilinhadmin — Mon, 18 Aug 2025 08:43:15 +0000

We want to notify you of the notable regulations taking effect in August 2025:

Decree 219/2025/ND-CP regulating foreign workers working in Vietnam

Decree No. 219/2025/ND-CP (“Decree 219”), issued and effective on August 7, 2025, replaces Decrees 152/2020/ND-CP and 70/2023/ND-CP, and sets out regulations governing foreign workers in Vietnam. The new decree introduces significant changes concerning the employment of foreign nationals in Vietnam.

Decree 196/2025/ND-CP amending Decree 111/2011/NDCP on consular certification and consular legalization

Decree No. 196/2025/ND-CP (“Decree 196”), issued on July 04, 2025, effective on August 03, 2025 (except that the electronic certification provisions will take effect from January 1, 2026). Decree 196 amended Decree No. 111/2011/ND-CP on consular certification and consular legalization.

Decree 188/2025/ND-CP on detailed implementation guidance for the amended Law on Health Insurance

Decree No. 188/2025/ND-CP (“Decree 188”), issued on July 01, 2025, effective from August 15, 2025, provides detailed implementation guidance for the amended Law on Health Insurance, specifying contracts for insured medical examination and treatment, procedures for insured medical services, and payment methods.

Decree 167/2025/ND-CP on amendments to Decree No. 08/2015/ND-CP on implementation of the Customs Law on procedures, inspection, supervision, and control

Decree No. 167/2025/ND-CP (“Decree 167”), issued on June 30, 2025, and effective on August 15, 2025. The decree introduces substantial reforms aimed at reducing paperwork, digitizing processes, and promoting electronic customs procedures to facilitate faster clearance and enhanced business efficiency.

Decision 2161/QD-BCT promulgating amended and supplemented administrative procedures in the field of Import and Export under the management of the Ministry of Industry and Trade

Effective from August 22, 2025, Decision No. 2161/QD-BCT, issued on July 25, 2025, by the Minister of Industry and Trade, promulgates the list of amended and supplemented administrative procedures in the field of import and export under the management of the Ministry of Industry and Trade.

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Conducting VIAC Proceedings

dilinhadmin — Mon, 04 Aug 2025 04:53:54 +0000

This article provides an overview of the rules, procedures, and best practices for counsel and arbitrators in VIAC arbitrations governed by Vietnamese law, drawing on our practical experience, published VIAC materials, and relevant law.

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VIAC Arbitration vs. Court Litigation: Comprehensive Insights

dilinhadmin — Tue, 29 Jul 2025 05:04:35 +0000

When a commercial dispute cannot be resolved amicably, the parties often turn to the courts or arbitration to reach a final resolution. The preferred arbitral institution in Vietnam is the Vietnam International Arbitration Centre (VIAC). This article aims to provide a clearer understanding of the pros and cons of both VIAC arbitration and litigation through the Vietnamese courts, as well as the practical realities associated with each option.

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Dilinh Legal Alert – July 2025

dilinhadmin — Thu, 24 Jul 2025 05:21:39 +0000

We want to notify you of the notable regulations taking effect in June and July 2025:

Circular No. 39/2025/TT-BCT on maximum limits on the value of goods and services used for promotion, maximum discount rates for promoted goods and services

Effective from July 1, 2025, Circular No. 39/2025/TT-BCT caps the promotional value and discount rate at 50% of the pre-promotion price, with exceptions for certain promotional forms and approved programs. A 100% cap or no cap applies in specific cases, such as national promotion programs, public holidays, or fresh food.

Amended Enterprises Law effective from July 01, 2025

Effective July 01, 2025, the 2025 Amended Enterprises Law defines “beneficial owner” and requires enterprises to identify, report, and update such ownership information. It also introduces more explicit rules for determining the market value of capital contributions and shares, based on trading prices, party agreements, or licensed valuations.

Decree No. 70/2025/ND-CP amending regulations on e-invoices and documents.

Effective June 01, 2025, Decree No. 70/2025/ND-CP updates the rules on e-invoices, including revised timelines for invoice issuance and submission, and clarifies the seller’s and buyer’s tax declaration dates. It also sets out detailed procedures for correcting or replacing e-invoices.

Circular No. 32/2025/TT-BTC guiding the implementation of tax administration and e-invoice regulations.

Effective June 01, 2025, Circular No. 32/2025/TT-BTC provides detailed guidance on the Law on Tax Administration and Decree No. 123/2020/ND-CP and Decree No. 70/2025/ND-CP. It clarifies procedures for authorizing third parties to issue e-invoices. It introduces criteria for identifying high-risk taxpayers in e-invoice usage based on compliance history, actual business location, and regulatory red flags.

Decree No. 23/2025/ND-CP on electronic signatures and trusted services.

Effective April 10, 2025, Decree 23/2025/ND-CP sets out regulations on Ensuring Safety of Specialized E-Signatures, including technical and legal conditions for validity under the 2023 Law on Electronic Transactions. When issued with a digital certificate, these signatures hold the same legal value as handwritten ones and are used in internal, sector-specific, or third-party transactions.

Decree No. 87/2025/ND-CP on 2024 land rent reduction.

Issued and effective from April 11, 2025, Decree 87/2025/ND-CP provides a 30% land rent reduction for 2024 for enterprises leasing land directly from the State under annual payment terms. Eligible enterprises must have a valid land lease agreement and legal proof of land use rights, with application procedures also specified to support economic recovery.

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Drafting Effective Arbitration Clauses for VIAC Proceedings

dilinhadmin — Tue, 22 Jul 2025 07:40:32 +0000

To resolve a commercial dispute through arbitration, the parties must mutually agree, typically expressed through an arbitration clause in their contract(s). This article guides drafting arbitration clauses that enable parties to initiate proceedings at the Vietnam International Arbitration Centre (VIAC), the country’s leading arbitration institution, under its Rules on Arbitration and applicable Vietnamese law.

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Key Labor Regulations Impacting Vietnam’s Manufacturing Sector

dilinhadmin — Tue, 22 Jul 2025 07:08:38 +0000

This article outlines the areas of Vietnamese labor law that are of interest to employers operating manufacturing facilities. On August 12, 2025, we updated the article in light of the recently enacted law regarding foreign workers, among other changes.

Topics covered include:

Labor Contracts Essential Clauses for Manufacturing Employers
Managing Working Hours, Overtimes, and Leave
Minimum Wage and Compensation in Manufacturing: Staying Competitive and
Compliant
Social Insurance and Benefits
Work Permits and Other Requirements for Foreign Employees
Health and Safety
Occupational Accidents
Collective Labor Agreements
Labor Unions.

Please click the hyperlink below to download the latest PDF version of the article.

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Dilinh wins ABLJ’s boutique Vietnam law firm of the year award for 2025

dilinhadmin — Wed, 11 Jun 2025 06:51:28 +0000

Dilinh won Asia Business Law Journal’s boutique Vietnam law firm of the year award for 2025. Winners of Asia Business Law Journal’s Vietnam Law Firm Awards 2025 were selected based on the votes, references and qualitative information received from in-house counsel and other legal professionals in Vietnam and around the world.

You can find more detail about our award published on ABLJ’s website at: https://law.asia/vietnam-law-firm-awards-2025/.

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New Electronic Identification Registrations for Enterprises

dilinhadmin — Wed, 11 Jun 2025 04:13:01 +0000

From 1 July 2025, under Decree No. 69/2024/ND-CP, enterprises (e.g., Vietnamese companies) are required to replace their existing National Public Service Portal accounts used for certain administrative procedures, such as work permits, visas, temporary residence cards for foreigners, trading license by registering electronic identification (eID) accounts via the VNEID app or directly at the police department. This article outlines the steps for registering an eID.

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Data Laws Regulating Offshore Businesses Servicing Vietnamese Customers

dilinhadmin — Wed, 11 Jun 2025 03:48:04 +0000

Law on Data, No. 60/2024/QH15, was passed by the National Assembly on 30 November 2024 and will be effective on 1 July 2025 (“Data Law”). While Vietnam has many laws addressing personal data protection, the Data Law is the first-ever data lawto provide a comprehensive and unified regulatory framework for managing all digital data. This article provides an overview of the impact of Data Law and other related laws on offshore businesses servicing Vietnamese customers.

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