February, 2026 Newsletter
February 18th, 2026
Amendment to the security and public order conditions generally applicable to conditional investment and business lines
On February 13th, 2026, the Government issued Decree No. 58/2026/ND-CP amending and supplementing several articles of decrees relating to security and order conditions for certain conditional business lines; the management and use of seals; the management and use of fireworks; detailed regulations and measures for the implementation of the Law on Residence and the Law on Identification.
Accordingly, from March 15th, 2026, the security and public order conditions generally applicable to conditional business lines as stipulated in Decree 96/2016/ND-CP are amendedas follows:
(i) A business establishment must be registered, licensed, or established under the law of Vietnam.
(ii) The person in charge of security and order of a business establishment must not be one of the following subjects:
- For Vietnamese citizens (amended compared to the regulations in Decree 96/2016/ND-CP):
o Having been criminally prosecuted and currently under investigation, prosecution, or trial by Vietnamese or foreign procedural authorities.
o Having a criminal record for crimes infringing upon national security or other intentional crimes with a sentence of more than 03 years’ imprisonment that has not yet been expunged; currently serving a prison sentence with a suspended sentence; currently having the execution of the imprisonment sentence temporarily deferred; currently serving a non-custodial reform sentence; currently being subject to probation, residence prohibition, prohibition from holding certain positions, prohibition from conducting conditional security and order business lines under a court decision.
o Being subject to educational measures at commune, ward, special administrative unit level; having a decision on administrative handling measures pending enforcement; being addicted to drugs; currently having the enforcement of a decision on compulsory education institution or compulsory drug rehabilitation center temporarily postponed or suspended; having been subject to administrative handling measures but not yet reaching the time limit to be considered as not having been subject to such measures.
- For overseas Vietnamese holding foreign passports and for foreigners: A person is not permitted by a competent authority of Vietnam to stay in Vietnam.
(iii) Conditions on fire prevention and fighting have been satisfied as referred to by the law on fire prevention and fighting.
Abolition of the procedure for certification of advertising content for certain special products, goods, and services under the management of the Ministry of Health from February 15th, 2026
On February 12th, 2026, the Ministry of Health issued Circular No. 03/2026/TT-BYT abolishing a number of legal normative documents promulgated by the Minister of Health. Accordingly, certain changes relating to the procedure for certification of advertising content for specific special products, goods, and services under the management of the Ministry of Health are as follows:
- From February 15th, 2026, the procedure for certification of advertising content shall be abolished for certain special products, goods, and services under the management of the Ministry of Health as stipulated in Circular No. 09/2015/TT-BYT, including:
(i) Cosmetics;
(ii) Chemicals, insecticidal and disinfectant preparations used in the household and medical sectors;
(iii) Medical examination and treatment services.
- Guidance during the transitional period:
· Certificates of advertising content that were issued in accordance with Circular No. 09/2015/TT-BYT, Circular No. 20/2024/TT-BYT, and Circular No. 57/2024/TT-BYT prior to February 15th, 2026 shall continue to be valid until they are replaced, revoked, or expire in accordance with the law. Applications that are in the process of being handled shall be resolved in accordance with the legal regulations in effect at the time the application was received.
· The determination of cases where certificates of advertising content issued under Circular No. 09/2015/TT-BYT, Circular No. 20/2024/TT-BYT, and Circular No. 57/2024/TT-BYT prior to February 15th, 2026 expire shall continue to comply with the provisions of Article 23 of Circular No. 09/2015/TT-BYT.
Transfer of ownership of greenhouse gas emission allowances and carbon credits outside the carbon trading system
On February 13th, 2026, the Minister of Agriculture and Environment issued Circular No. 11/2026/TT-BNNMT regulating the management and operation of the National registry system for greenhouse gas emission allowances and carbon credits. Accordingly, the regulations on the transfer of ownership of greenhouse gas emission allowances and carbon credits outside the carbon trading system (hereinafter referred to as “transfer of ownership”) are as follows:
- Cases involving the transfer of ownership include:
(i) Division, separation, consolidation, merger, or dissolution of agencies, organizations;
(ii) Transfer of ownership pursuant to a court judgment or decision, or a decision of an enforcement authority, or an arbitral award or decision in accordance with law.
- Principles for transfer of ownership are as follows:
(i) The greenhouse gas emission allowances, carbon credits proposed for transfer must be recorded in the General registration sub-account.
(ii) Agencies, organizations transferring ownership of greenhouse gas emission allowances and carbon credits outside the carbon trading system shall be legally responsible for:
· The accuracy, truthfulness of the dossier for transfer of ownership;
· Any violations occurring before and after submission of the dossier for transfer of ownership;
· Any disputes or damages arising from the enforcement of a court judgment or decision; a decision of an enforcement authority; an arbitral award or decision in accordance with law.
(iii) Organizations participating in the certification of dossiers for transfer of ownership shall be legally responsible for the accuracy, truthfulness, and legality of the certification and of the contents of the dossier and documents within the scope of their certification activities in accordance with law.
(iv) The Ministry of Agriculture and Environment shall receive, process, review the validity of, and approve transfers on the basis of the submitted dossier; it shall not be responsible for violations committed by agencies or organizations before or after submission of the transfer dossier, nor for any disputes or damages arising (if any) in connection with a court judgment or decision, an arbitral award or decision, or a decision of an enforcement authority.
(v) The Ministry of Agriculture and Environment shall carry out the transfer of ownership of greenhouse gas emission allowances, carbon credits pursuant to a court judgment or decision; or a decision of an enforcement authority; or an arbitral award or decision in accordance with law, in its capacity as a related organization required to implement such decision, and shall not be responsible for any disputes or damages arising (if any) in connection with such court judgment or decision; decision of an enforcement authority; arbitral award or decision.
Utensils and packaging that come into direct contact with food must register a declaration of conformity from April 16, 2026
On January 26th, 2026, the Government issued Decree No. 46/2026/ND-CP detailing the implementation of c several articles and measures for enforcing the Law on Food Safety. Accordingly, some notable contents are as follows:
1. Narrowing the “self-declaration” mechanism and expanding cases requiring registration of a declaration of conformity:
- Cases requiring registration of conformity declarations: Organizations and individuals must register a conformity declaration for food products with technical standards on quality and safety indicators that fall under one of the following cases:
(i) Pre-packaged processed food;
(ii) Food additives;
(iii) Food processing aids;
(iv) Utensils for containing and in direct contact with food;
(v) Packaging for containing and in direct contact with food.
- The validity of a declaration of conformity is the same as that of the conformity certification result and shall not exceed 03 years.
- For products that were self-declared before the effective date of this Decree, organizations and individuals may continue to produce, trade, or import such products until the registration of the declaration of conformity is completed. Organizations and individuals are responsible for completing the registration of the declaration of conformity as prescribed in this Decree within 12 months from the effective date of this Decree.
2. Expand the scope of state inspections on food safety for imported food: not only food and food additives, but also packaging and utensils that come into direct contact with food are subject to mandatory inspection.
3. Responsibilities of e-commerce platforms regarding food advertising: Owners of e-commerce trading platforms and applications providing e-commerce services (including food delivery applications) are responsible for:
- Establishing review mechanisms and requiring sellers to provide and publicly disclose legal documents regarding products as required;
- Cooperating with state management authorities and promptly removing infringing products upon request;
- Bearing joint responsibility in cases where necessary review measures are not implemented, leading to food safety incidents that cause damage to consumers.
Decree No. 46/2026/ND-CP takes effect on January 26th, 2026, replacing Decree No. 15/2018/ND-CP. However, its enforcement is temporarily suspended until the end of April 15th, 2026, in accordance with Resolution No. 09/2026/NQ-CP dated February 04th, 2026 and will resume effect from April 16th, 2026.
Develop regulations to supplement the “Vietnamese Culture Day” which employees are entitled to a paid day off and review mechanisms to facilitate the mobilization of resources for cultural development
On February 24th, 2026, the Government issued Resolution No. 30/NQ-CP promulgating the Government's Action Program to implement Resolution No. 80-NQ/TW dated January 07th, 2026 of the Politburo on the development of Vietnamese culture (“Resolution 30”), which takes effect from the date of signing.
Accordingly, Resolution 30 unanimously chose the day of November 24th each year as “Vietnamese Culture Day” which employees are entitled to a paid day off, amending and supplementing clause 1 Article 112 of the Labor Code.
In addition, Resolution 30 also requires ministries, ministerial-level agencies, government agencies, and People's Committees of provinces and cities to review, research, amend, and supplement relevant legal documents on investment incentives, tax support policies, land, bidding, data, financial mechanisms, and innovation incentive mechanisms in specialized laws to create conditions for maximizing resource mobilization for cultural development.
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