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Key Updates Under Decree 102/2026/ND-CP on Competition Sanctions
Vietnam’s amended competition sanctions regime under Decree No. 102/2026/ND-CP, issued on 31 March 2026 and effective from 20 May 2026, brings a more clearly structured enforcement framework for antitrust violations. In particular, the Decree expands the range of economic concentration cases subject to scrutiny, including certain transactions involving businesses that do not operate in the same market or supply chain.
Revised Penalties for Failure to Notify
A key update under the new Decree is the introduction of a tiered penalty system for failing to notify economic concentration:
- VND 500 million – 1 billion: For enterprises with total assets, revenue, or purchase turnover in Vietnam below VND 3,000 billion
- VND 1 – 2 billion: For enterprises at or above VND 3,000 billion
Fines remain capped at 5% of revenue in the relevant market. Compared to the previous system, which relied solely on revenue-based calculations, the new framework offers greater predictability while maintaining proportionality.
For companies engaged in M&A or other concentration transactions, the practical focus is now on determining early whether a filing obligation may arise and how the revised sanctions framework could apply. A timely assessment can help reduce exposure to fines, remedial measures, and transaction uncertainty.
Contributed by RÖDL Vietnam
New Compliance Requirements from 1 July 2026: Tax Authority Access to Accounting Data and Temporary Exit Suspension of Legal Representatives and Beneficial Owners
Effective from 1 July 2026, Law 108/2025/QH15 on Tax Administration introduces measures that materially strengthen the tax enforcement toolkit in Vietnam. The changes are particularly relevant for business owners, legal representatives, and beneficial owners, as they extend both the scope of potential exit restrictions and the authorities’ access to accounting and transaction-related data in cases of suspected tax evasion.
One notable amendment relates to exit restrictions in tax enforcement cases. Under the new law, not only the legal representative of an enterprise but also the beneficial owner of an enterprise may be subject to tax enforcement measures and may be prohibited from leaving Vietnam if the enterprise has not fulfilled its outstanding tax obligations.
In addition, businesses should pay close attention to the expanded powers granted to tax authorities under the new law. Specifically, tax authorities have the right to access accounting software data, electronic invoice systems, and point-of-sale (POS) cash register data of taxpayers showing signs of tax evasion.
In light of these developments, businesses may wish to treat tax compliance not only as an accounting matter but also as a governance and risk-management issue. Reviewing internal controls, data readiness, and outstanding tax obligations can help reduce enforcement risk for both the enterprise and the individuals connected to it.
Contributed by RÖDL Vietnam
