Update on new regulations in August 2026 (Foreign trade management, Enterprise registration requirements, and Law on Access to Information)

Our Newsletter #49 would lead you on the following:

LEGAL UPDATE

I. New legal framework for foreign trade activities in Vietnam

On 22 July 2026, the Government issued Decree No. 292/2026/ND-CP (“Decree 292/2026”) detailing several provisions of the Law on Foreign Trade Management. Decree 292/2026 will officially take effect on 5 September 2026 and replace Decree No. 69/2018/ND-CP.

Decree 292/2026 focuses on strictly regulating the list of goods prohibited from export and import as well as mechanisms and procedures applicable to certain foreign trade activities, including temporary import, re-export, border-gate transfer, transit, purchasing and selling agency activities, and processing with foreign elements. This is an important legal instrument that import-export businesses, organizations, and relevant individuals should pay particular attention to in order to ensure a smooth transition and prepare the necessary documents and procedures in compliance with the regulations.

1. Addition of new categories of goods and changes to the competent authorities responsible for exported and imported goods

Decree 292/2026 adds new products to the list of goods prohibited from export or import and strengthens the regulatory framework by clearly allocating regulatory authority among the relevant ministries. Decree 292/2026 also changes the authority responsible for issuing Certificates of Free Sale (CFS) for exported goods. Specifically:

1. E-cigarettes and heated tobacco products are officially added to the list of goods prohibited from export and import and are subject to the regulatory authority of the Ministry of Industry and Trade;
2. The category of motor vehicles and other means of transport is removed from the list of goods prohibited from import where there is a valid consular legalization document certifying that the removal, alteration, or re-stamping of the chassis or engine numbers was carried out by the manufacturer within 30 days. Such goods are subject to the regulatory authority of the Ministry of Construction;
3. Veterinary drugs prohibited for use in Vietnam are prohibited from import and are subject to the regulatory authority of the Ministry of Agriculture and Environment; and
4. The authority to issue CFSs for exported goods is now assigned to provincial-level People’s Committees, rather than being centralized at the ministerial level as under the previous regulations.

2. Clear time limits for temporary import for re-export and transshipment activities

Decree 292/2026 regulates clear time limits for storing goods in Vietnam and introduces a list of goods prohibited from temporary import, re-export, and transshipment in Appendix V of this Decree, as follows:

1. Goods for temporary import and re-export may only remain in Vietnam for no more than 60 days from the date on which the temporary import customs procedures are completed. An enterprise may request an extension of up to two times for each shipment, with each extension not exceeding 30 days. Upon expiry of the applicable period, the enterprise must re-export the goods from Vietnam or destroy them in accordance with applicable environmental protection and customs regulations;
2. The Ministry of Industry and Trade is authorized to publish a list of goods subject to suspension of temporary import and re-export to prevent environmental pollution or trade fraud; and
3. For goods transshipped through Vietnamese border gates, the goods must enter and exit Vietnam through the same border-gate area and remain subject to customs supervision until they are exported from Vietnam.

3. Transit of goods and purchasing and selling agency activities

Decree 292/2026 narrows the licensing authority for the transit of certain sensitive goods and narrows the scope of activities that Vietnamese traders may conduct as purchasing and selling agents. Specifically:

1. For weapons and explosives, licensing authority, which was previously allocated among various ministries and sectors, is now centralized with the Ministry of Industry and Trade, which has sole authority to issue transit licenses for these sensitive goods; and
2. For purchasing and selling agency activities, Decree 292/2026 removes the previous requirement under which traders were only permitted to enter into agency agreements for goods subject to licensing after obtaining a license from the competent authority. Accordingly, Vietnamese traders may act as lawful purchasing and selling agents for foreign traders, except for goods prohibited from import or export and goods subject to suspension of import or export.

II. Key changes to Enterprise Registration Regulations (“ERC”) effective from July 2026

On 23 July 2026, the Government issued Decree No. 296/2026/ND-CP (“Decree 296/2026”), amending and supplementing a number of provisions of Decree No. 168/2025/ND-CP on enterprise registration. Decree 296/2026 introduces several significant changes aimed at enhancing transparency in enterprise registration while ensuring greater consistency between Vietnam’s enterprise and investment laws. The key amendments include:

1. Strengthening declaration and capital contribution responsibilities while prohibiting nominee shareholding arrangements

Decree 296/2026 further reinforces the responsibilities of enterprise founders, members and shareholders to provide complete and accurate information during the enterprise registration process and to remain responsible for the accuracy of such declarations. Notably, Decree 296/2026 expressly prohibits individuals from allowing others to use their names to contribute capital or hold capital contributions or shares in an enterprise (i.e. nominee shareholding arrangements).

2. Providing guidance on the identification and declaration of beneficial owners in multi-layer ownership structures

Decree 296/2026 provides detailed guidance on the identification and declaration of beneficial owners for enterprises with complex ownership structures, following the order of priority below:

1. An individual who directly or indirectly owns 25% or more of the charter capital or total voting shares of the enterprise, including ownership through intermediary entities or other legal arrangements, as well as cases where a group of individuals having family relationships or contractual arrangements jointly holds such ownership;
2. In the case of a partnership, all general partners are deemed to be the beneficial owners, regardless of their capital contribution ratio; and
3. Where no beneficial owner can be identified based on ownership criteria, or where there are grounds to believe that the identified owner is not the actual beneficial owner, the enterprise must determine the beneficial owner based on ultimate effective control over the enterprise. If no such individual can be identified, the individual holding the highest managerial authority within the enterprise shall be identified as the beneficial owner.

3. Supplementing enterprise registration dossiers when an economic organization is established before obtaining an Investment Registration Certificate (“IRC”)

Decree 296/2026 supplements the documentation requirements applicable when a foreign investor establishes an economic organization prior to obtaining an IRC. Under the new regulations, the enterprise registration dossier is not required to include a copy of the IRC. Instead, the applicant must provide a commitment confirming that the enterprise satisfies the applicable market access conditions for foreign investors in accordance with Vietnamese law.

III. New legal framework for access to information in Vietnam

On 23 April 2026, the National Assembly passed Law No. 01/2026/QH16 on access to information (“LAI 2026”). This document replaces Law No. 104/2016/QH13 (“LAI 2016”) on access to information and officially takes effect from 01 September 2026.

LAI 2026 focuses on the rights and obligations of citizens in exercising the right to access information, as well as the responsibility of agencies and units to ensure its implementation. The LAI 2026 also clearly defines the information to be accessed, as well as cases of prohibited access or conditional access that citizens should pay special attention to, especially in activities such as copying evidence at the Court, Arbitration Center, or collecting documents and evidence for complaints and denunciations.

1. Adjustment of access to information for people under the age of 18

LAI 2026 has adjusted the scope of the implementation of the right to access information for people under the age of 18 to be more in sync with the legal framework on children compared with the LAI 2016. Accordingly, people exercising the right to access information under LAI 2026 include:

1. Citizens shall exercise the right to access information in accordance with the provisions of this Law;
2. People who have lost their civil act capacity shall make requests for the supply of information through their legal representatives. People with difficulties in cognition and control of behavior shall make requests for the supply of information through guardians; and
3. People under the age of 18 may make requests for information by themselves or with the consent of their representatives or through their representatives in accordance with civil law, unless otherwise provided for by Children’s Law and other laws.

2. Adjustment to categories of information inaccessible to citizens

To align more closely with the 2025 Law on Personal Data Protection, the LAI 2026 expands the categories of information that citizens may not access compared with the 2016 Law on Access to Information. In addition to information relating to state secrets, the LAI 2026 also restricts access to the following information:

1. Information relating to private life, personal secrets, and family secrets as prescribed by civil and personal data protection laws, except as otherwise provided by law; and
2. Trade secrets as prescribed by intellectual property laws, except as otherwise provided by law.

3. Expansion of the scope of information subject to mandatory disclosure

The LAI 2026 significantly expands the scope of information that agencies and entities are required to proactively disclose. Accordingly, Article 17 of the LAI 2026 not only retains categories of information relating to legal documents, public budgets, and the organization and operations of state agencies, but also adds more specific disclosure requirements, particularly in the areas of public administration, investment, land, housing, environment, healthcare, education, and digital transformation. Specifically:

1. Expanded information on public administration and public finance, including project dossiers, public assets, the management and use of public finances, budget information of budget-funded units and organizations receiving support from the state budget, as well as financial plans and annual financial settlements of state financial funds operating outside the state budget;
2. Additional information on investment, procurement, and auditing, including business investment projects, contractor selection results and the reasons why a bidder was not selected; post-issuance audit reports and the results of implementation of audit recommendations;
3. Significantly expanded information on land and housing, including results of land surveys and assessments, decisions on compulsory inventory, planning information, lists of housing investment projects where foreign organizations and individuals are permitted to own housing, ongoing housing projects, and information on the renovation and reconstruction of apartment buildings;
4. Additional sector-specific information directly affecting the public, including information on administrative sanctions in certain sectors; healthcare facilities; education; the environment and biodiversity; cultural heritage; the labor market; and lists of archival records and documents; and
5. Additional information on public services and digital transformation, including procedures, processing timelines and results of online public services, the quality and accessibility of online public services, approved digital transformation plans, and results of digital transformation assessments.

The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at info@blawyersvn.com. We would love to hear from you.

Date: 27 August 2026

Writer: BLawyers Vietnam

Legal News and Update Team

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• PODCAST: #38 Beneficial ownership in Vietnam: Administrative penalties and exit suspension risks from July 2026 

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CONTACT US

✍ Legal News and Update Team
📩 legalnews@blawyersvn.com

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Newsletter #49 (EN version)

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