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Vietnam’s Regulatory Updates in February 2026: New Customs, Administrative, and Enforcement Rules
Vietnam will implement a range of new regulatory updates covering customs, administrative, monetary, and sector-specific regulations from February 2026. These changes bring significant compliance obligations for businesses across multiple sectors.
This article discusses Vietnam’s new regulations, effective from February 2026, that affect the import-export, financial services, taxation, and tourism sectors. These reforms aim to modernize procedures, improve compliance oversight, and strengthen enforcement through recently enacted laws and decrees.
New customs procedures under Circular No. 121/2025/TT-BTC
On December 18, 2025, the Ministry of Finance issued Circular No. 121/2025/TT-BTC (“Circular 121”), amending and supplementing provisions of existing customs regulations under Circular No. 38/2015/TT-BTC and Circular No. 39/2018/TT-BTC, which govern customs procedures, inspection, supervision, and tax administration for imported and exported goods.
Effective February 1, 2026, Circular 121 updates customs procedures to align with recently enacted laws and decrees. These changes are expected to affect customs documentation practices, internal controls, and compliance obligations, particularly for processing, manufacturing, and export-oriented enterprises.
Indirect customs value consultation
In addition to the traditional in-person process, enterprises with high customs compliance scores can now utilize the Customs’ electronic systems for indirect customs value consultations. This new method reduces reliance on in-person procedures for customs value consultations.
Expanded destruction procedures
Circular 121 introduces detailed procedures for the destruction of materials, semi-finished and finished goods, machinery and equipment, scrap, and waste. Responsibilities of both enterprises and Customs officials are prescribed in detail:
- Enterprises are required to notify customs in advance via the electronic system, ensure destruction is carried out by licensed environmental service providers, and retain supporting documentation for inspection, while post-destruction reporting applies where direct customs supervision is not required.
- Customs authorities will determine supervision requirements based on risk management principles, conduct direct supervision where necessary, and update supervision results on the customs system within prescribed timelines.
Notably, risk-based supervision of destruction now applies solely to scrap materials from production. It no longer covers defective products.
Tightened and clarified customs procedures for export processing enterprises
Circular 121 narrows the circumstances in which export processing enterprises (EPEs) may opt in or out of customs procedures, notably requiring customs declarations for goods bought, sold, leased, or lent between EPEs.
The circular also clarifies customs treatment for transactions between EPEs and domestic enterprises, which, under Law No. 90/2025/QH15 and Decree No. 167/2025/ND-CP, are no longer classified as in-country export-import transactions.
In addition, enterprises engaged in contract or toll manufacturing, including EPEs, are required to establish separate material and consumption norms for re-imported goods that are repaired or recycled in specified cases.
Sector-wide enforcement and penalty reforms
In addition to customs reforms, the government’s new policy package introduces expanded administrative penalties and enforcement measures across key sectors, further raising compliance expectations for businesses.
Tax administration adjustments
Decree No. 373/2025/ND-CP, taking effect February 14, 2026, amends provisions of the Law on Tax Administration to offer greater flexibility for taxpayers, including allowing quarterly personal income tax filing in certain cases and reducing penalties for late filings caused by changes to tax declaration periods.
Tourism and illegal overstays penalties
Decree No. 348/2025/ND-CP, effective February 15, 2026, imposes administrative fines of up to VND40 million for travel companies that host foreign tourists who abscond and remain illegally in Vietnam or for facilitating illegal entry and exit actions that fall short of criminal offenses.
Tightening management of gold, foreign currency trading
Effective February 9, 2026, Decree No. 340/2025/ND-CP specifies penalties for violations in gold trading, foreign currency trading, capital contribution and share acquisition, and deposit-taking.
Gold trading violations and sanctions
|
Violation |
Sanction |
|
Repeated buying/selling gold bars with unlicensed credit institutions or enterprises; use of gold as payment |
VND 10–20 million (approx. US$400–800) |
|
Failure to route gold transactions through required payment accounts |
VND 10–20 million (approx. US$400–800) |
|
Failure to publicly display gold bar or jewelry prices |
VND 30–50 million (approx. US$1,200–2,000) |
|
Producing jewelry without declared standards or proper labeling |
VND 30–50 million (approx. US$1,200–2,000) |
|
Producing gold bars without disclosing standards, weight, purity, or labels |
VND 30–50 million (approx. US$1,200–2,000) |
|
Carrying gold across borders in breach of regulations (excluding customs violations) |
VND 80–100 million (approx. US$3,200–4,000) |
|
Trading gold bars via authorized agents |
VND 140–180 million (approx. US$5,600–7,200) |
|
Violating gold position management rules |
VND 140–180 million (approx. US$5,600–7,200) |
|
Importing/exporting gold jewelry or materials outside registered business lines |
VND 140–180 million (approx. US$5,600–7,200) |
|
Producing or trading jewelry without required conditions |
VND 140–180 million (approx. US$5,600–7,200) |
|
Processing jewelry without proper business registration |
VND 140–180 million (approx. US$5,600–7,200) |
|
Using imported raw gold for unapproved purposes |
VND 200–250 million (approx. US$8,000–10,000) |
|
Repeated gold bar trading through agents |
VND 200–250 million (approx. US$8,000–10,000) |
|
Operating gold bar production in violation of regulations |
VND 250–300 million (approx. US$10,000–12,000) |
|
Producing or trading gold bars without licenses |
VND 300–400 million (approx. US$12,000–16,000) |
|
Importing/exporting raw gold or gold bars without permits |
VND 300–400 million (approx. US$12,000–16,000) |
|
Other gold trading activities without the required authorization |
VND 300–400 million (approx. US$12,000–16,000) |
Foreign currency trading violations
|
Transaction Value |
Sanction |
|
Under US$1,000 (between individuals or via unauthorized agents) |
Warning |
|
US$1,000 – under US$10,000 |
VND 10–20 million (approx. US$400–800) |
|
US$10,000 – under US$100,000 |
VND 20–30 million (approx. US$800–1,200) |
|
US$100,000 or more |
VND 80–100 million (approx. US$3,200–4,000) |
Capital contributions and share acquisition violations
|
Violation |
Sanction |
|
Use of non-charter or reserve funds in breach of the Law on Credit Institutions |
VND 100–150 million (approx. US$4,000–6,000) |
|
Exceeding shareholding limits in other credit institutions |
VND 200–250 million (approx. US$8,000–10,000) |
|
Serious violations of investment rules in other lenders |
VND 250–300 million (approx. US$10,000–12,000) |
Deposit-taking violations
|
Violation |
Sanction |
|
General deposit-taking violations |
VND 20–150 million (approx. US$800–6,000) |
|
Procedural lapses in accepting or paying deposits |
VND 20–40 million (approx. US$800–1,600) |
|
Taking deposits from ineligible parties |
VND 100–150 million (approx. US$4,000–6,000) |
|
Misleading or unclear postings of deposit rates or fees |
VND 10–20 million (approx. US$400–800) |
|
Applying deposit rates or fees not publicly listed |
VND 20–40 million (approx. US$800–1,600) |
Corporate bond trading violations
|
Violation |
Sanction |
|
Failure to monitor the use of bond proceeds |
VND 15–30 million (approx. US$600–1,200) |
|
Failure to use non-cash payment methods in bond trading |
VND 30–50 million (approx. US$1,200–2,000) |
Outlook for businesses
Taken together, the new regulatory changes demonstrate a concerted effort by authorities to modernize customs procedures, strengthen enforcement, and enhance accountability across the financial, tax, and tourism sectors. Enterprises operating in cross-border trade, financial services, and regulated industries should proactively review their internal controls, compliance protocols, and risk management frameworks prior to implementation to mitigate potential operational disruptions and penalties.
Managing tax in Vietnam is critical for FDI companies to stay compliant with local regulations, GST requirements, and global standards such as IFRS, navigate complex filings, and apply correct tax treatments. A well-structured tax process helps to avoid penalties and stay 100% compliant.
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