ACSV Legal

13/05/2026

MAY 2026 NEWSLETTER

Vietnam has introduced new regulatory measures to enhance transparency, digitalisation, and the administration of land-related financial obligations in the real estate sector, with a focus on improving market data accessibility and fee determination mechanisms.

Key developments include Decree No. 357/2025/ND-CP, establishing a centralised real estate information system and electronic identification codes (EIDs), and Resolution No. 254/2025/QH15, together with Decree No. 50/2026/ND-CP, introducing reforms to the determination of land use fees and land rental fees.

✔️ Digitalisation of the real estate market framework (EIDs, centralised database)
✔️ Reforms on land use and land rental fee mechanisms (conversion incentives, cost clarification, revised calculations)

These measures reflect a broader shift towards digitalisation, transparency, and standardisation in Vietnam’s real estate regulatory framework.

📰 Read our full article here: https://lnkd.in/gZwrQaaS
🌐 For more legal updates and insights, visit: www.acsvlegal.com
📩 For inquiries, contact us: [email protected]

06/05/2026

Vietnam’s Domestic Carbon Exchange Update

On 19 January 2026, the Government of Vietnam issued Decree No. 29/2026/ND-CP, establishing the legal framework for a centralised domestic carbon exchange. The Decree introduces requirements for the registration, custody, trading, and settlement of GHG emission quotas and carbon credits.

With a pilot phase through 31 December 2028 and full operation expected from 2029, the new regime presents important compliance and operational considerations for businesses, financial institutions, and project developers.

Key areas to watch include:
✔️ Categories of impacted businesses
✔️ Participation requirements and trading mechanics
✔️ Compliance obligations and regulatory exposure

As implementing regulations continue to develop, enterprises should proactively assess potential impacts on governance, compliance, and carbon cost exposure.

📰 Read the full article: https://lnkd.in/gvQi9_kn
🌐 For more legal updates and insights, visit: www.acsvlegal.com
📩 For inquiries, contact: [email protected]

24/04/2026

Wishing you and your families a joyful holiday.
From all of us at ACSV Legal

23/04/2026

Vietnam’s New Investment Framework: Key Changes Under The 2025 Law on Investment and Its Guiding Decree

Vietnam has introduced a new investment framework under the Law on Investment No. 143/2025/QH15, effective in phases from 1 March to 1 July 2026, replacing the 2020 Law on Investment. Decree No. 96/2026/ND-CP, issued on 31 March 2026, provides detailed guidance for its implementation.

What’s changing?
✔️ Updated business investment conditions and conditional sectors
✔️ Refined investment entry and approval procedures
✔️ New prohibited sectors and clearer rules on project transfers and exit
✔️ Introduction of special investment incentives
✔️ Enhanced risk allocation and investor protection measures

Overall, the new framework moves toward a more transparent, rules-based approach - improving legal certainty, streamlining procedures, and reducing reliance on discretionary approvals.

Businesses and investors should review their structures, timelines, and compliance strategies in light of these changes.

📰 Read the full article: https://lnkd.in/gZxFqUHb
🌐 For more legal updates and insights, visit: www.acsvlegal.com
📩 For inquiries, contact: [email protected]

16/04/2026

Climate Change and Construction Arbitration

The increasing urgency of addressing climate change is reshaping the risk landscape for construction projects, giving rise to a growing number of climate-related disputes. Questions such as whether a contractor has breached ESG obligations under standard form contracts, or whether extreme weather events qualify as force majeure, rarely admit straightforward answers. These complex and evolving issues were the subject of discussion at the “Climate Change and Construction Arbitration” event held on 8 April 2026, alongside the 2026 Ho Chi Minh City International Construction Arbitration Conference ( ).

Moderator: Ms. Duong Hoang, Deputy Counsel, Singapore International Arbitration Centre ( )

Panelists:
🔹Mr. Nikhil Varshney, Partner, Cyril Amarchand Mangaldas (India);
🔹Mr. Nguyen Ngoc Minh, Partner, Dzungsrt & Associates (Vietnam);
🔹Mrs. Nguyen Thi Thanh Minh, Special Counsel and Head of the Dispute Resolution Practice, ACSV Legal (Vietnam); and
🔹Mr. Theo Clemison, Senior Associate, Watson Farley & Williams LVN (Vietnam).

Mr. Nikhil Varshney opened the discussion by examining how climate change is reshaping risk allocation in construction projects. He highlighted increasing delays and cost overruns due to extreme weather and noted that, under standard contracts such as FIDIC, JCT, and NEC, contractors are not automatically entitled to broader relief. Tribunals are instead adopting a more dynamic approach to foreseeability and contractual risk allocation.

Mrs. Nguyen Thi Thanh Minh then addressed the legal complexities of green certification in Vietnam, including Decision No. 21/2025/QD-TTg. She emphasized the importance of clearly defining whether certification obligations are outcome- or conduct-based, allocating responsibilities among stakeholders, and identifying remedies where certifications are not achieved.

Mr. Nguyen Ngoc Minh shifted the discussion to the procedural aspects of climate-related disputes, highlighting the need for technical expertise in arbitration. He stressed early procedural planning, effective management of technical evidence, and the role of interim measures and emergency arbitrators under the SIAC Rules 2025.

Finally, Mr. Theo Clemison concluded with a case study on wind energy projects in storm-prone regions, focusing on lightning damage to turbine blades. He noted that risk allocation often depends on contractual design parameters and recommended early identification of site-specific risks, clear allocation criteria, and the use of monitoring systems.

We appreciate the valuable insights shared by our distinguished moderator and panelists, and thank all participants for joining the discussion.

⬇️ Download Minh’s presentation deck here: https://lnkd.in/gqVCp_aa
🌐 For more legal updates and insights, visit: www.acsvlegal.com
📩 For inquiries, contact: [email protected]

14/04/2026

APRIL 2026 NEWSLETTER

On 11 December 2025, Vietnam introduced the Law on Digital Transformation (LODT), which will take effect on 1 July 2026, marking a significant step toward a unified legal framework for the digital economy.

Rather than operating independently, the LODT integrates with existing laws on data, e-transactions, cybersecurity, telecommunications, and AI. This means businesses must navigate multiple overlapping compliance regimes when implementing digital transformation initiatives.

Key highlights:
✔️ Controlled pilot programs
✔️ Financial support for SMEs
✔️ Additional support policies
✔️ Legal obligations for enterprises

With further guidance expected through upcoming decrees and circulars, businesses should start preparing now to ensure both regulatory compliance and sustainable digital growth.

📰 Read our full article here: https://lnkd.in/gUjDSwjP
🌐 For more legal updates and insights, visit: www.acsvlegal.com
📩 For inquiries, contact us: [email protected]

07/04/2026

Don’t miss our event tomorrow.

This event will bring together experienced panellists to examine key challenges from both common law and civil law perspectives, offering valuable insights into the evolving intersection between climate change and construction arbitration.

We look forward to your participation.

07/04/2026

Land Ownership of Economic Organisations with Foreign Investment: Analysis of a Recent Court Judgement

A recent appellate judgement by the Supreme People’s Court of Vietnam confirms that companies with foreign investment cannot directly receive transfers of land use rights from individuals, even when structured to appear as domestic entities through multi-layer ownership.

The Court applied a substance-over-form approach, classifying the company as a foreign-invested economic organisation (FIEO) and declaring the transaction void under the 2013 Land Law.

While the new 2024 Land Law introduces a narrower definition of FIEOs and may allow certain entities with ≤50% foreign ownership to acquire land like domestic companies, the judgement highlights ongoing legal uncertainty and risks for past and future transactions involving foreign-invested structures.

📰 Read the full article: https://lnkd.in/dUrnQJrU
🌐 For more legal updates and insights, visit: https://acsvlegal.com
📩 For inquiries, contact: [email protected]

26/03/2026

Upon invitation from the Hanoi Representative Office of the Permanent Court of Arbitration ( ), Ms. Minh Nguyen, Special Counsel and Head of Dispute Resolution Practice at ACSV Legal, attended the ’s inauguration ceremony on 25 March 2026.

The event marked the official introduction of the ’s newly renovated hearing facilities in Hanoi, held at the House of Peace. Notably, the also announced the official Vietnamese translation of its Arbitration Rules and Optional Protocols - an important step in enhancing accessibility to international arbitration in Vietnam.

25/03/2026