1. Amendments of the Law on Advertising

On 16 June 2025, the National Assembly adopted the Law No. 75/2025/QH15 (the “Amendment Law”) amending the Law on Advertising 2012, as amended (the “Current Law”). The Amendment Law takes effect  from 1 January 2026. Some key points of the Amendment Law are described as follows:

New definitions

The Amendment Law re-defines various terms related to advertising activities. Notably, the “advertising” is re-defined as the use of human being, means to introduce to advertising recipients products, goods and services, organisations and individuals producing and/or conducting business of products, goods or services.

The definition of “person conveying advertising products” is expanded to include persons who directly advertise, recommend, certify products, goods and services online or directly advertise by way of wearing, hanging, sticking, gluing, painting, using for profit purposes or by other similar forms. The Amendment Law adds strict obligations on persons conveying advertising products.

The Amendment Law also supplements the definitions of “cross border provision of advertising services in Vietnam” and “advertising objects”.

Comparison of the advertised products, goods or services

Unlike the Current Law which prohibits direct comparison of the advertised products, goods or services to another party’s products, goods or services, the Amendment Law only prohibits comparison of the advertised products, goods or services without lawful supporting documents.

Conditions for advertising special products, goods and services

The list of special products, goods and services will be issued by the Government. In general, the advertiser must have a valid document or information to prove that the special products, goods or services to be advertised are permitted to circulate or perform in Vietnam, unless the special products, goods or services are exempted from permit requirements.

The Amendment Law provides specific conditions for medicines, cosmetics, preparations for pest control or sterilization, foods, food additives and nutrient products, medical treatment services, medical devices, insecticides, veterinary medicines, fertilizers, plant varieties, and animal feeds. For example, with respect to foods, food additives and nutrient products for children up to 36 months of age, there must be a registered announcement of food products or self-announcement.

Media advertising and online advertising

The Amendment Law increases the area for advertisements in one newspaper issue from the current 15% to 30%, and in one magazine issue from the current 20% to 40%.

The Amendment Law does not change the duration of television advertising (10% of the total broadcasting duration on one day for free television channels, or 5% of the total broadcasting duration on one day for pay television channels). However, it amends provisions on program interruption to advertise on film and entertainment programs.

Advertising on electronic media, websites, social networks, online applications and digital platforms is considered as online advertising. The Amendment Law sets out the general requirements for online advertising activities and leaves such details for the Government to regulate.

2. Amending Laws concerning bidding, investment, customs and tax

On 25 June 2025, the National Assembly adopted Law No. 90/2025/QH15 (“Law 90/2025”) amending Laws concerning bidding, investment, customs and tax. With effect from 1 July 2025, the Law 90/2025 introduces some key amendments as follows:

Amendments of the Law on Bidding

The Law 90/2025 amends several provisions related to bidding procedures to facilitate the development of science and technology, innovation and digital transformation such as allowing domestic bidders to partner with foreign bidders to participate in bid packages of projects falling within the sector of science and technology, innovation and digital transformation opened for domestic bidding. Further, direct appointment of investor is available where (i) an investor proposes a project and owns or has the right to use strategic technology, or (ii) the project needs to be implemented by the selected investor who had developed the digital infrastructure or digital platform to ensure the compatibility, synchronicity and connectivity of technique.

Under the Law 90/2025, the forms of contractor selection include: (a) contractor appointment, selection of contractor in special cases, ordering, direct procurement; (b) open bidding, competitive offering, limited bidding; and (c) self-implementation, community participation, price negotiation. Ordering is a new form of contractor selection which is available in certain circumstances specified in the Law 90/2025. Bidding packages that apply the form of contractor appointment, competitive offering or selection of contractor in special cases are also detailed in the Law 90/2025.

Regarding evaluation of bid dossiers for investor selection, the Law 90/2025 provides that criteria for evaluation on the investor’s capacity include the ability to arrange equity capital, mobilise loan capital and other lawful capital sources. With respect to science and technology enterprises, start-up enterprises, innovative centres, technology incubators and high-tech enterprises, they are not required to prove the ability to arrange equity capital.

Amendments of PPP Law

Under the current PPP Law, the selected investor shall establish a project enterprise. The Law 90/2025 amends this by providing exceptions to this requirement. Such exceptions include: (i) the investor being a State owned enterprise, (ii) a project applying the form of BT contract; a science and technology PPP project, and (iii) a project with a total investment amount equal to that of Group B or Group C projects pursuant to public investment laws.

The Law 90/2025 allows the investor to transfer its shares or capital contribution portions to other investors, and allows members of a partnership of investors to transfer their shares or capital contribution portions as between themselves or to other investors. The requirements for the transfer are relaxed than those under the current PPP Law.

The Law 90/2025 abolishes Article 37.2 of the current PPP Law which requires open bidding to be applied to all PPP projects. It also amends several provisions of that Law regarding investor selection to be consistent with the Law on Bidding (as amended), and amends provisions on sharing revenue between the State and PPP investors.

Amendments of the Law on Customs and the Law on Value Added Tax (VAT)

Under the current Law on Customs, one of the conditions for enterprises applying priority regime is that they must have an information technology program to manage their import-export activities linked to the customs office’s network. The Law 90/2025 removes this conditions and instead requires enterprises to have a software or information technology system to manage their import-export activities connected or shared with the customs office.

Goods imported and exported on the spot must be subject to the customs procedures, customs inspection and supervision. Those goods are defined as goods delivered or received in Vietnam as designated by foreign traders under a contract for sale and purchase, processing, lease or borrowing between Vietnamese enterprises and foreign traders.

The Law 90/2025 amends Article 9.1(a) of the Law on VAT 2024 to clarify that the VAT rate of 0% applies to goods exported on the spot.

Other amendments

The Law 90/2025 makes certain amendments to the Law on Investment relating to the authority to approve investment projects, investment incentives for scientific and technological projects, and investment supervision.

The Law 90/2024 amends Article 16 of the Law on Import-Export Duty to detail goods imported for development of science and technology, innovation and digital technology industry that are exempted from import duty.

3. VAT reduction

On 17 June 2025, the National Assembly adopted Resolution No. 204/2025/QH15 on VAT reduction. Accordingly, the VAT rate for goods and services which are subject to VAT rate of 10% under the Law on VAT 2024 will be reduced to 8%, excluding the following goods and services: telecommunications, finance, banking, securities, insurance, real estate business, metallic products, mining products (except coal), and goods and services subject to special consumption tax (except gasoline).

The VAT reduction will be applied from 1 July 2025 until 31 December 2026. Further guidelines on VAT reduction are provided under the Government’s Decree 174/2025/ND-CP dated 30 June 2025.

4. Policies for development of social housing

On 29 May 2025, the National Assembly adopted Resolution No. 201/2025/QH15 (“Resolution 201”) on pilot mechanism for development of social housing. Resolution 201 shall be applied on a pilot basis for a period of five years commencing 1 June 2025.

To encourage investment in construction of social housing projects as well as address practical issues for the development of social housing, Resolution 201 sets out the following particular policies, among others:

• Establishing the National Housing Fund: the Government will establish the National Housing Fund to provide financial support for construction of social houses, construction of the facilities of social housing projects, and creation of social houses for rent.
• Assignment of developers without tendering: Resolution 201 does allow competent authorities to assign developers of social housing projects or approve investment policy together with assign developers of the projects (as the case may be), without tendering. In order for an investor to be assigned as the developer of the social housing project, the investor must satisfy the conditions applicable to real estate business enterprises under real estate business laws.
• Simplifying investment construction procedures: To reduce the time for implementation of social housing projects, Resolution 201 simplifies requirements for appraisal of feasibility study reports, appraisal of fire prevention and firefighting designs by construction agencies. Further, it provides for exemption from the construction permit requirement for social housing works for which standard designs or typical designs (announced by the competent State agency) proposed to be applied, and which accord with the approved rural and urban plannings and satisfy the statutory requirements on fire prevention and firefighting.
• Allowing enterprises and State agencies to rent social houses: Enterprises and State agencies may rent social houses from social housing project owners to arrange accommodations for their employees.

5. Environmental protection

On 9 June 2025, the Government issued Decree No. 119/2025/ND-CP (“Decree 119”) amending Decree 06/2022/ND-CP dated 7 January 2022 providing for reduction of greenhouse gas  emissions and protection of Ozone layer. Decree 119 takes effect from 1 August 2025. Below are some key changes of Decree 119.

Establishing the National Registry System

The National Registry System for greenhouse gas (GHG) emission quotas and carbon credits (the National Registry System) will be established to manage, operate, update and exploit information about ownership of emission quotas and carbon credits; and process emission quotas borrowing, returning, transferring and offsetting transactions.

Entities that are allocated GHG emission quotas (emission quotas) and organisations participating in the carbon credit exchange and offset mechanisms can register with the Ministry of Agriculture and Environment (“MAE”) for the grant of accounts on the National Registry System. Further details on the use of the National Registry System will be issued by the MAE.

Allocation of emission quotas

Decree 119 provides that the MAE shall base on the total quotas of greenhouse gas emissions approved by the Prime Minister to allocate emission quotas to entities subject to GHG inventory for the periods 2025-2026, 2027-2028, and 2029-2030. Specifically, emission quotas shall be allocated to (a) thermal power plants, steel producers and cement producers for the period 2025-2026; and (b) thermal power plants, steel producers and cement producers, and other entities as proposed by the line ministries for the periods 2027-2028 and 2029-2030.

Emission entities shall prepare an entity-level GHG inventory report of their own for every two years for 2026 and onwards (for thermal power plants, steel producers and cement producers) or for 2028 and onwards (for other entities), and report to the MAE. The results of GHG inventory for 2 years preceding the year of submission of the report are to be included in the entity-level GHG inventory report.

Return of emission quotas

Emission entities are required to return emission quotas to the State for each allocation period. The quantity of returned emission quotas must at least equal the GHG inventory results from direct emissions in the allocation period less the quantity of carbon credits used for offset. Emissions quotas shall be returned on the National Registry System before the last day of December of the year following the allocation period.

Trading of emission quotas and carbon credits

Allocated emission quotas and carbon credits collected from programs/projects under the carbon credit exchange and offset mechanisms may be purchased and sold on the domestic Carbon Trading Floor.

Emission entities can purchase and sell emission quotas, borrow emission quotas that are to be allocated in the next period and/or transfer emission quotas, and use carbon credits for offset the emissions to perform their emission quota returning liability.

6. Allocation of telecom codes and numbers

On 3 June 2025, the Government issued Decree No. 115/2025/ND-CP (“Decree 115”) guiding the Law on Telecoms regarding management of telecom number storage, Internet resources; auction of the right to use telecom codes and numbers, and Vietnamese national domain names “.vn”. Below are some key points relating to telecom codes and numbers.

Under the Law on Telecoms 2023, the allocation of telecom codes and numbers shall be conducted through auction or direct allocation. The auction procedures or direct allocation procedures set out in Decree 115 shall be followed for allocation of telecom codes and numbers.

Regarding auction procedures, Decree 115 provides that human-to-human (H2H) mobile network codes, H2H mobile subscriber numbers, short message service numbers and information answering service numbers will be posted online within 30 days for organisations, enterprises and individuals to select for auction. The number of telecom codes and numbers being auctioned will be selected by the selection participants. The Ministry of Science and Technology (MOST) will issue a plan for holding an auction of selected telecom codes and numbers. Entities wishing to participate in an auction session must satisfy the conditions set out in Decree 115. Auction winners shall pay the successful auction amount within 15 days of announcement of decision approving the auction results, and conduct the procedures for allocation of telecom codes and numbers within 06 months of announcement of decision approving the auction results.

Decree 115 allows the transfer of the right to use telecom codes and numbers allocated through auction to third parties, subject to certain conditions.  The transfer of the right to use H2H mobile network codes, short message service numbers and information answering service numbers must be certified by the Vietnam Telecommunications Authority (VNTA) under the MOST.

7. Expiry of Land-Use Projects with a Term of 50 Years or Less

With more than 35 years of foreign investments in Vietnam, various land-use projects, particularly those with less than 50-year term, are approaching expiry. With the new land law and investment law, it is crucial for the investors to understand the regulations on the adjustment/extension of the project operation duration and proactively manage and plan for adjustment/extension application process or even to liquidate the project.

Operation duration of investment projects using land

According to law, (i) the operation duration of an investment project in an economic zone must not exceed 70 years and (ii) the operation duration of an investment project outside an economic zone must not exceed 50 years, unless such investment project is located in a geographical area meeting with difficult socio-economic conditions or in a geographical area meeting extremely difficult socio-economic conditions or has a large investment capital amount but capital recovery is slow, the operation duration may be longer, but must not exceed 70 years.

Both the Law on Investment 2020 and the Land Law 2024 unify the provisions on limitation of the project’s operation duration/land-use term for a project using land. In principle, the land-use term of a project using land will be determined based on the project’s operation term of such project.

Amendments to the operation duration of land-use projects with less than 50-year term

Legally speaking, an investor of a project using land is vested with the rights to adjust or extend the project’s operation duration, provided that the limitation of the project’s operation duration/land-use term for a project using land is ensured.

Adjust the operation duration

According to Article 27.2 of Decree 31/2021/ND-CP, an investor may apply to the authority for adjusting (whether increasing or reducing) its project term at any time during the term. Based on the objectives, size, location, and operation requirements of the investment project, an authority competent to approve investment policy and investment registration authority shall consider and decide whether to adjust the operation duration of the project or not. After approval is issued, the investor will apply to the land authority for a corresponding adjustment of the land-use term.

Extend the operation duration

Article 44.4 of the Law on Investment 2020 provides that: “Upon the expiration of an investment project’s operation duration, if the investor wishes to continue implementing the investment project and satisfies conditions as specified by laws, the project’s operation duration may be considered for extension, but must not exceed the maximum duration specified in Article 44.1 or 44.2 of the Law on Investment, except:

• Investment projects using outdated technologies, potentially causing environmental pollution or being resource-intensive;
• Investment projects in the cases where the investors are required to transfer assets to the Vietnamese State or Vietnamese partner without compensation.”

The phase “Upon the expiration of an investment project’s operation duration” in Article 44.4 of the Law on Investment 2020 may be interpreted that the extension right is likely vested to an investor having an investment project whose operation duration are nearing expiration. On the other hand, Article 55.3 of Decree 31/2021/ND-CP provides that: “For a land-using investment project, the investor shall carry out procedures for extension of operation duration of the investment project according to Article 55.2 at least 06 months before the expiration of the project’s operation duration.” This provision only sets out the minimum time limit for extension procedures but there is no explicit time limitation when the investor may apply for extension procedures. On a practical note, the timeline for obtaining approval for project operation duration extension may be very time-consuming, and the investor must obtain such approval before the deadline of submission of application dossier for extension of land-use term. Specifically, Article 172.3 of the Land Law 2024 provides that: “The extension of land use term shall be carried out in the last year of the term…land users wishing to extend the land use term shall submit dossiers of request for extension of land use term at least 6 months before the land use term expires”. Based on the above, it appears that the investor may apply for an extension of the project’s operational duration approximately 2 to 3 years before its expiry, without needing to wait until the project is close to expiration. For example, Mercedes-Benz Vietnam Co., Ltd. (MBV) has implemented Mercedes-Benz Automobile Assembly Plant Project since 1995 and the project completion date is on 14 April 2025. In September 2021 (around 03 years before the expiry date of the project’s operation duration), MBV initiated the extension process. It was only in late 2024 that the Ho Chi Minh City People’s Committee approved a 5-year extension to the project’s operational duration, along with a corresponding extension of the land use term, subject to annual rental payments.

Payment of land use levy and land rental upon extension of land use term and adjustment of land use term

Article 156.2 of the Land Law 2024, after land-use term is extended or adjusted, if land users are liable to land use levy or land rental, they shall pay land-use levy or land rental for the extended or adjusted land use term. As further detailed in Article 35 of Decree 103/2024/ND-CP on land use levy and land rental, it appears that the land payment method (i.e. whether annual payment or one-off payment) for the extended or adjusted land-use term will follow the previous land payment method before extension or adjustment.

Legal procedures for adjusting or extending the project’s operation duration

Provisions on legal procedures, process, and application dossier for adjusting or extending the project’s operation duration are further provided in Article 55 of Decree 31/2021/ND-CP. Generally speaking, the adjustment procedure/dossier is likely similar to the normal procedure for amendment of contents of an existing investment project, while the extension procedure/dossier is likely similar to applying for a new investment project. Even though the licensing result is the same (i.e. the project’s operation duration after adjustment or extension is 50 years), it appears that the extension application dossier is more complicated than the adjustment dossier. For instance, when applying for extension, the investor must carry out a procedure to certify that its project does not use outdated technologies, potentially causing environmental pollution or being resource-intensive under Decision 29/2023/QD-TTg. This difference may be important to the investors of production projects when the relevant projects may have potential impacts to the environment or resources and such investors should be aware of those issues and choose the suitable method when amending the project’s operation duration.

Possible options for land-use projects having 50 years’ operation duration

Taking into consideration of Article 44 of the Law on Investment 2020, it appears that:

• For a project using land already having 50 years’ operation duration and located in an economic zone or located outside the economic zone but in a geographical area meeting with difficult socio-economic conditions or in a geographical area meeting extremely difficult socio-economic conditions or an investment project which has a large investment capital amount but capital recovery is slow: the investor of such investment project may apply for extension of project’s operation duration but must not exceed 70 years;
• For a project using land having 50 years’ operation duration and not subject to any case specified in point (a) above or a project using land already having 70 years’ operation duration, the investors of those investment projects are not permitted to apply for extension of project’s operation duration because the maximum operation duration is 50 years or 70 years respectively.

Consequently, the investor(s) will have to terminate the expired investment projects and carry out the procedures for liquidation of investment projects under regulations on investment. A question may be raised as to whether or not the investor may use its currently operating assets to apply for a new investment project at the same project location. The answer is likely positive but the question remains whether this investor is given any preferential right as the existing land user or not in case there are other (new) investors interested is unclear. It is expected that there will be further guidance from the competent authority in this regard.