Legal Updates by GBA Board Members | October 2025

Stay informed with the latest legal developments impacting the market in Vietnam. This month, we are pleased to share the most relevant updates from our GBA Board Members, Dr. Oliver Massmann, Partner & General Director of Duane Morris Vietnam, and Michael Wekezer, Country Manager of Rödl & Partner Vietnam.

Legal News contributed by Dr. Oliver Massmann, some highlights are as follows:

1. New guidelines for enforcing current law on geology and minerals

• The Government has introduced new special mechanisms and policies to tackle problems arising in the implementation of the 2024 Law on Geology and Minerals.
• Under Resolution 66.4/2025/NQ-CP dated September 21, 2025, the exploitation of group-IV minerals to supply materials for public investment projects, public-private partnership (PPP) investment projects, national important works as well as socio-economic development projects subject to investment policy decision by local governments will choose to apply the aforesaid special mechanisms. In addition, urgent construction works and works for disaster prevention and control may also benefit from these mechanisms.
• Chairpersons of provincial-level People’s Committees are assigned to issue mineral exploration licenses, licenses for exploitation of group-III and group-IV minerals to contractors and investors implementing the above-mentioned projects or to individuals and entities that fully meet the conditions specified by the law on geology and minerals.
• The Government permits the modification of licenses to increase the exploitation capacity (without increasing the licensed reserves) to meet the needs of these projects. Such an increase must not exceed 50% of the originally licensed capacity for riverbed and coastal sand and gravel and is unlimited for other group-III and group-IV minerals.
• Exploitation licenses issued before the effective date of Decree 193/2025/ND-CP may have their contents on mineral processing, and mineral use and consumption purposes modified to suit reality. Mineral exploiters that submit license applications before relevant mineral master plans are approved will also be considered for grant of licensed even in case their applications contain information not consistent with those master plans.

2. Management of public investment capital-funded projects tightened

• The Government has outlined principles and procedures for managing public investment capital through the stages of allocation and disbursement to account-finalization, thereby improving financial transparency and efficiency in the use of state budget funds.
• Taking effect on September 26, 2025, Government Decree 254/2025/ND-CP specifies the management and account-finalization of public investment capital for projects funded by the state budget (including projects using local budget funds but subject to the central management); and those invested with lawful revenues of state agencies and public non-business units.
• It specifies procedures for payment and account-finalization of projects funded by official development assistance (ODA) capital and foreign concessional loans. However, the procedures for capital withdrawal and management of capital withdrawal must comply with the Government’s regulations on the management and use of ODA and foreign concessional loans.
• Under the new regulation, the State Treasury is responsible for disbursing public investment capital from the state budget and from lawful revenues of state agencies that are reserved for investment.
• Public non-business units will control and disburse capital from their lawful revenues that are reserved for investment. The agencies authorized by the Ministry of National Defense and Ministry of Public Security will directly control and disburse capital for projects in the fields of national defense and security.
• The new decree supersedes Decree 99/2021/ND-CP dated November 11, 2021, on the management, payment and account-finalization of projects funded with public investment capital and Article 6 of Decree 125/2025/ND-CP dated June 11, 2025, on the definition of competence of two-tier local administrations over the fields under the Ministry of Finance’s state management.

3. Vietnam cuts export tax on gold jewellery to 0%.

• The new regulation aims to lower production costs and enhance the competitiveness of domestic manufacturers.
• The Government has reduced the export tax on gold jewellery products from 1% to 0%, under Decree No. 260/2025/ND-CP issued on October 10.
• The decree amends export tariff rates for certain goods specified in Decree No. 26/2023/ND-CP on export and preferential import tax rates, as well as lists of goods subject to absolute, mixed, and quota-based import taxes.
• The new regulation aims to lower production costs, enhance the competitiveness of domestic manufacturers, and encourage the conversion of gold held by the public into higher-value products amid limited local supply and rising global prices, according to the Ministry of Finance.
• The new 0% rate is consistent with the current 0–10% tax range applied to jewelry and handicraft items. The revised tax rate took effect on October 10.

Legal News contributed by Michael Wekezer, some highlights are as follows:

1. Digitalizing public services regarding identification and electronic authentication

• Directive No. 24/CT-TTg dated 13 September 2025 on promoting technological solutions. (effective from 01 October 2025)
• No longer request physical documents for 25 public services including social insurance procedures, criminal record, sale promotion registration, etc.
• Biometric check-in via VNeID for domestic flights & transportation, integrated to population database and businesses information systems to prevent forgery and fraud.

2. Foreign residents and their children can obtain VNeID accounts under draft decree

• Draft Decree amending Decree No. 69/2024/ND-CP on electronic identification and authentication.
• Foreigners aged six and above who legally reside in Vietnam for at least 90 days and hold valid long-term visas can obtain VNeID accounts without Temporary Resident Cards.
• VNeID accounts can be used in immigration, residence registration, licensing procedures and can be used to replace physical documents.

3. New Vietnam Standard Industrial Classification (VSIC 2025)

• Decision No. 36/2025/QD-TTg dated 29 September 2025 replacing Decision No. 27/2018/QD-TTg on the Vietnam Standard Industrial Classification (effective from 15 November 2025)
• Maintaining 5 hierarchical levels : 22 sectors, 87 divisions, 259 groups, 495 classess, 743 subclasses.
• Adjusting content & granularity: adding new Level-1 sector, refining digital economy, creative & professional services, traditional sectors.

Dr. Oliver Massmann Partner & General Director Duane Morris Vietnam LLC Email: omassmann@duanemorris.com

Michael Wekezer Country Manager Rödl & Partner Vietnam Email: michael.wekezer@roedl.com