BFSC Law Firm, Author at BFSC

Updates on Merger Control and Exemptions for Prohibited Anti-Competitive Agreements under Resolution No. 66.18/2026/NQ-CP

On 18 May 2026, the Government of Vietnam issued Resolution No. 66.18/2026/NQ-CP on decentralization and the reduction and simplification of administrative procedures and business conditions (“Resolution 66.18”). Resolution 66.18 takes effect from 1 July 2026 until 28 February 2027, except for certain provisions that became effective on 20 May 2026, and except where laws or […]

Vietnam’s Direct Power Purchase Agreement (DPPA) Framework under Decree No. 243/2026/ND-CP: Key Amendments and Continuing Legal Issues

On 26 June 2026, the Government of Vietnam promulgated Decree No. 243/2026/ND-CP, amending and supplementing Decree No. 57/2025/ND-CP governing the Direct Power Purchase Agreement (“DPPA“) mechanism between Renewable Energy Generators and Large Electricity Consumers. The new Decree significantly expands the scope of eligible participants and revises several operational requirements applicable to the DPPA mechanism. At […]

New Rules on the Transfer of Enforcement Obligations for Commercial Legal Entities During Corporate Restructuring Under Decree No. 251/2026/ND-CP

On 30 June 2026, the Government of Vietnam issued Decree No. 251/2026/ND-CP on the Enforcement of Criminal Judgments against Commercial Legal Entities (“Decree 251”), which came into effect on 1 July 2026. The new Decree introduces several provisions that may significantly affect M&A transactions, corporate restructuring, business conversions and asset acquisitions, particularly where a target […]

Update on Decree No. 253/2026/ND-CP: Personal Income Tax on Capital Transfers and Securities Transfers

On 30 June 2026, the Government of Vietnam issued Decree No. 253/2026/ND-CP, providing detailed guidance on the implementation of the 2025 Personal Income Tax Law. The Decree took effect on 1 July 2026 and clarifies several important issues relating to personal income tax (“PIT“) on capital transfers and securities transfers. Most notably, the Decree resolves […]

CORPORATE GOVERNANCE STRUCTURE OF NON-PUBLIC JOINT STOCK COMPANIES IN VIETNAM

In practice, many non-public joint stock companies in Vietnam, particularly those established with no intention of expanding their shareholder base, often fail to clearly distinguish the powers and responsibilities of the company’s governing bodies and management. Such ambiguity frequently results in overlapping authority and governance inefficiencies. A common example is a joint stock company established […]

CORPORATE INCOME TAX ON CAPITAL AND SECURITIES TRANSFERS BY FOREIGN ENTERPRISES IN VIETNAM – KEY CONSIDERATIONS UNDER THE 2025 CIT LAW

On 14 June 2025, the National Assembly of Vietnam enacted the Law on Corporate Income Tax No. 67/2025/QH15, which takes effect on 1 October 2025 and applies to the corporate income tax period for the 2025 tax year (the “2025 CIT Law”). The 2025 CIT Law replaces the Law on Corporate Income Tax No. 14/2008/QH12 […]

UPDATE ON DECREE NO. 122/2026/ND-CP ON RESOLVING DIFFICULTIES IN TRANSPORT BOT PROJECTS

On 03 April 2026, the Government issued Decree No. 122/2026/ND-CP (“Decree 122”), providing detailed regulations on the resolution of difficulties encountered by Build-Operate-Transfer (BOT) projects in the transport sector. Decree 122 took effect from its signing date (03 April 2026). In this article, the lawyers of BFSC Law LLC provide an overview of key provisions […]

LEGAL UPDATE ON RESOLUTION NO. 16/2026/NQ-CP ON MECHANISMS AND POLICIES FOR REMOVING DIFFICULTIES IN TRANSITIONAL BT PROJECTS

On April 7, 2026, the Government promulgated Resolution No. 16/2026/NQ-CP (“Resolution 16”), providing mechanisms and policies to resolve difficulties and obstacles arising in Build–Transfer (BT) investment projects implemented prior to the effective date of the Law on Investment under the Public-Private Partnership (PPP) model (the “Transitional BT Projects”). Resolution 16 takes effect from April 7, […]

UPDATE ON DECREE NO. 137/2026/ND-CP ON THE REGULATION OF MULTI-LEVEL MARKETING ACTIVITIES

On 7 April 2026, the Government of Vietnam issued Decree No. 137/2026/ND-CP on the regulation of multi-level marketing activities (“Decree 137”). Decree 137 will take effect from 1 July 2026 and replaces Decree No. 40/2018/ND-CP, as amended and supplemented by Decree No. 18/2023/ND-CP (“Decree 40”). The issuance of Decree 137 also results in the termination […]

ADDRESSING THE GAP IN IMPLEMENTING REGULATIONS FOR AMENDED LAWS: KEY IMPLICATIONS FOR BUSINESSES AND INVESTORS IN VIETNAM

Regulatory gap arising from amended laws without updated implementing regulations In recent years, Vietnam has undertaken significant legislative reforms, with several important statutes being amended or supplemented and taking effect from 1 January 2026 and throughout 2026. However, a recurring issue in the legislative process is that amended laws may come into force before the […]

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