Explore Vietnam’s New Law on State of Emergency: A Formalized Framework for Crisis Governance

April 6, 2026 Posted by Vietnam Briefing Written by Vu Nguyen Hanh Reading Time: 6 minutes

Vietnam has passed its first comprehensive Law on the State of Emergency, formalizing the government’s authority to respond to crises ranging from natural disasters to national security threats. Replacing Ordinance No. 20/2000/PL-UBTVQH10, the law establishes clearer procedures and introduces a structured framework of measures that may significantly affect business operations, compliance obligations, and risk management strategies during emergency situations.

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With the impacts of the COVID-19 pandemic still evident, there has been a broad consensus in Vietnam’s National Assembly on the need for a dedicated law governing future states of emergency, particularly to clarify the responsibilities of government bodies and other stakeholders during such situations.

Against this backdrop, the National Assembly passed the Law on the State of Emergency on December 3, 2025, establishing a legal framework outlining the principles, procedures, and authority to declare, announce, and lift a state of emergency.

Comprising six chapters and 36 articles, the law stipulates key provisions on:

Principles, procedures, and authority for declaring, announcing, and lifting the state of emergency;
Measures applied during emergencies;
Implementation of resolutions and orders related to emergencies; and
Responsibilities of agencies, organizations, and individuals during such situations.

Effective July 1, 2026, Vietnam’s Law on the State of Emergency formalizes the government’s emergency response powers, which were previously implemented through a combination of existing laws, ordinances, and ad hoc measures during the COVID-19 pandemic.

What is considered ‘state of emergency’ in the new law?

Under the new law, a ‘state of emergency’ can be declared in one or multiple localities or nationwide if a disaster or its threat significantly jeopardizes key areas such as:

Human life and health;
Assets of the state, agencies, organizations, and individuals; or
National security, social order, and safety.

Accordingly, the states of emergency will be categorized into:

State of disaster emergency;
State of national security emergency, social order, and safety emergency; or
State of national defense emergency.

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Principles guiding the handling of a state of emergency in Vietnam

Article 3 of the law outlines seven key principles for managing a state of emergency in Vietnam. Among them, the most important provision emphasizes that the application, adjustment, and termination of measures during such periods must be prompt, transparent, and open. Any restrictions on human rights and civil rights must adhere to these principles.

Being genuinely necessary;
Having clear justifications;
Being proportionate to the nature and extent of the incident or disaster; and
Being non-discriminatory.

Prohibited acts during a state of emergency

The law outlines a set of prohibited acts to ensure compliance, prevent abuse, and maintain public order during emergency situations, including:

Resisting, obstructing, or failing to comply with instructions and requests of competent authorities or individuals during a state of emergency;
Exploiting the state of emergency for personal gains, infringing upon the interests of the State, national security, social order and safety, legitimate rights and interests of organizations and individuals;
Abusing one’s position or authority, or acting irresponsibly during a state of emergency, causing damage to the interests of the State, the legitimate rights and interests of organizations and individuals;
Delaying or refusing to return the assets mobilized or requisitioned from organizations and individuals, or failing to compensate for damages to organizations and individuals as prescribed by this Law and relevant laws; and
Disseminating false information on a state of emergency.

Authority and procedures for declaring and lifting a state of emergency

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The law establishes a centralized decision-making framework for declaring, announcing, and lifting a state of emergency, with clearly defined roles for key state authorities:

National Assembly Standing Committee (NASC) holds the primary authority to declare and revoke a state of emergency.
State President is responsible for issuing a formal order to announce or lift the emergency status.

In exceptional cases where the NASC is unable to convene, the State President may directly issue an order to declare or revoke a state of emergency. In both scenarios, the Prime Minister plays an initiating role, submitting proposals to the NASC or to the State President when the NASC cannot meet.

A state of emergency is to be lifted once the underlying risks have been eliminated or effectively controlled. This includes situations in which disasters have been remedied or in which conditions relating to national defense, security, and public order have stabilized.

Content requirements for emergency declarations

The law also specifies the required contents of both the NASC’s resolution and the State President’s order when declaring or lifting a state of emergency.

For declarations, official documents must clearly outline:

The legal grounds and justification for the emergency;
The geographical scope of application;
The duration of the emergency; and
The responsibilities of the relevant authorities for implementation.

For lifting a state of emergency, the resolution and order must include:

The legal basis and reasons for termination;
The geographical areas where the emergency status is lifted;
The effective timing of the lifting;
Any measures that remain in force after the emergency ends (if applicable); and
Responsibilities for implementation and follow-up actions.

These provisions aim to ensure procedural clarity, accountability, and transparency in the management of emergency situations.

Applicable measures during a state of emergency

The law provides a comprehensive set of measures that may be applied depending on the nature of the emergency. These range from disaster response and public safety enforcement to national security controls and post-emergency recovery actions.

Category	Key measures
Disaster and public health emergencies	Implement civil defense and incident-response measures under relevant laws; Relocate or forcibly evacuate individuals from high-risk areas; Maintain public security and protect individuals and organizations; Require enterprises to shift to production of essential goods and services; Apply price stabilization measures, including ad hoc decisions by the Prime Minister where necessary; Crack down on smuggling, hoarding, trade fraud, and counterfeit goods; Use force and supporting tools to enforce compliance; and Suspend and replace non-performing officials during the emergency.
National security, social order, and safety emergencies	Apply civil defense and national security response measures; Impose curfews in accordance with defense laws; Enhance protection of critical infrastructure, government institutions, and key personnel; Control transportation hubs, designate routes and facilities, and regulate airspace; Establish checkpoints and conduct inspections of individuals and goods; Deploy special communication and patrol units; Use force to address non-compliance or security threats; Freeze or seize assets linked to threats; and Restrict or prohibit certain international economic and trade activities.
Defense emergencies	Apply civil defense and martial law measures as prescribed by relevant laws; and Prohibit the export of defense-related products.
Post-emergency recovery	Provide relief, including food, medicine, and temporary shelter for affected populations; Conduct damage assessments to guide recovery planning; Implement support policies for individuals and businesses to resume operations; Ensure continuity of critical infrastructure (transport, utilities, healthcare, communications); and Address environmental damage and control disease outbreaks.

Rights and responsibilities of businesses

Policy support for affected enterprises

The law provides a framework for government support to businesses impacted by or involved in emergency response efforts. Enterprises that are required to shift production or business activities to supply essential goods and services are explicitly recognized as eligible beneficiaries.

Support measures may include:

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Financial assistance;
Tax and fee relief;
Improved access to credit;
Investment facilitation;
Employment support; and
Social security policies.

These measures are designed to stabilize operations and enable recovery, and apply to enterprises and other entities directly affected during a state of emergency.

Operational obligations and compliance requirements

Businesses are required to comply with directives issued by competent authorities, including decisions on the mobilization of personnel, equipment, and essential supplies. Enterprises may also be instructed to adjust production or service delivery to meet urgent national needs.

Key responsibilities include:

Complying with mobilization orders for personnel, equipment, and essential goods;
Adjusting production or business activities to ensure the supply of essential products and services;
Proactively protecting facilities, offices, and assets;
Reporting damages in a timely and accurate manner; and
Implementing remedial measures within their operational scope, including environmental clean-up and disease prevention.

Enterprises are also expected to support broader emergency management efforts by:

Encouraging employees and stakeholders to comply with emergency regulations; and
Participating in coordinated response efforts as required by authorities.

Overall, the law formalizes a framework in which businesses act as both contributors to emergency response efforts and recipients of targeted state support, reinforcing public-private coordination during crisis situations.

Takeaway for businesses

The new Law on the State of Emergency marks a significant shift toward a more structured and rules-based approach to crisis management in Vietnam. By formalizing powers that were previously exercised on an ad hoc basis, the law enables authorities to direct business operations, stabilize markets, and mobilize resources more decisively during emergency situations.

For businesses, this translates into a dual impact. On one hand, companies may face operational disruptions and heightened compliance obligations, particularly in relation to production adjustments, resource mobilization, and regulatory oversight. On the other hand, the law also provides access to a range of state support measures, including financial relief and policy assistance, to maintain stability and facilitate recovery.

As Vietnam moves toward implementation in July 2026, enterprises should take proactive steps to strengthen contingency planning, review internal compliance frameworks, and assess potential risks to operations and supply chains. Early preparation will be key to navigating the evolving regulatory landscape and ensuring resilience in times of crisis.

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Tam Nguyen

Senior Manager

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