Legal Updates & Publications

We are pleased to share two significant legal developments that reflect ongoing progress in Vietnam’s energy regulatory framework in 2025.

On 30 November 2024, the National Assembly of Vietnam officially enacted the Law No. 60/2024/QH15, entitled the Law on Data (the Law on Data), which will come into force on 1 July 2025. Following the issuance of the Law on Data, in January 2025, the Government released key draft instruments to ensure the effective implementation of the Law on Data, including the Draft Decree guiding the implementation of the Law on Data (Draft Decree) and the Draft Decision on important and core data classification (Draft Decision). We highlight the key provisions introduced by the Draft Decree and the Draft Decision in our Legal Update.

In November 2024, the National Assembly enacted Law No. 57/2024/QH15 (the "Amending Law"), introducing significant revisions to several key laws. These include the Law on Planning, the Law on Public-Private Partnership Investment, and the Law on Bidding—critical frameworks governing major investment projects in Vietnam, particularly in the infrastructure sector. The Amending Law aims to enhance clarity, improve state management efficiency, and foster investment, especially in public-private partnership projects. It also seeks to strengthen transparency and competitiveness in the bidding process. Our legal update outlines the key amendments introduced by the Amending Law.

The Vietnamese National Assembly adopted Electricity Law No. 61/2024/QH15 on 30 November 2024, effective 1 February 2025, replacing the 2004 Electricity Law. This new law marks a significant milestone for Vietnam's power industry, expanding its scope to include renewable energy, offshore wind power, two-component electricity pricing, emergency power projects, and nuclear power development as a government monopoly. New regulations are expected to guide its implementation. Our legal update highlights the key advancements in the legislative framework for power generation projects across diverse energy sources.

On November 30, 2024, Vietnam's National Assembly issued its first Data Law, set to take effect on July 1, 2025. The Data Law regulates digital data, data products, and services, applying to both domestic and foreign entities in Vietnam, as well as offshore entities involved in Vietnam's digital data activities. With its wide scope, the law is expected to significantly impact businesses handling digital data. In this legal update, we highlight the key points under the Data Law.

Following the issuance of the National Power Development Plan for the period 2021 to 2030, with a vision extending to 2050 (PDP VIII), and its Implementation Plan, the Government of Vietnam and the relevant authorities have been actively speeding up the development and finalisation of the regulatory framework for the energy sector. 

On 24 September 2024, the Ministry of Public Security of Vietnam (MPS) released a Draft Personal Data Protection Law (Draft PDPL) for public consultation. While the Draft PDPL shares many similarities with Decree No.13/2023/ND-CP of the Government dated 17 April 2023 on personal data protection (Decree 13), the Draft PDPL introduces more stringent requirements to strengthen the legal framework for personal data protection. In this legal update, we will highlight notable new provisions under the Draft PDPL.  

The Government has recently adopted and issued Decree 115/2024/ND-CP regarding the detailed regulations on a number of articles and measures for implementing the Law on Bidding 2023 on the selection of investors to implement investment projects using land (Decree 115). 

On 3 July 2024, the Government has issued Decree No. 80/2024/ND-CP on the mechanism for direct power purchase agreements (DPPA) (Decree 80), after several delays from the scheduled issuance date in May 2024. Decree 80 takes effect from its issuance date, i.e. 3 July 2024. Since June 2019, there have been several drafts circulated for public consultation and discussion between Ministries and the relevant parties with various changes in both substance and form (which changed from being a Prime Minister’s Decision to a Government Decree). This Legal Update seeks to present notable provisions under Decree 80 and its implications on the development of renewable energy in Vietnam. Decree 80 introduces two DPPA models which are (i) private transmission lines line/off-the-grid model (Private Line Model) and (ii) national grid connected model (Grid Connected Model). The notable provisions of each model will be explained below.

On 1 April 2024, the Prime Minister of Vietnam issued Decision 262/QD-TTg approving the plan to implement the National Electricity Development Plan for the period 2021 – 2030 (PDP8 Implementation Plan). The highly anticipated PDP8 Implementation Plan provides details of important power source projects as the industry’s investment priorities until 2030.

Under Vietnam law, entities that have legal rights to use land and/or own assets attached to land (Legitimate Owner/s) may be granted a certificate, subject to the provisions of the prevailing land laws and/or construction laws from time to time (generally referred to as “Certificate”). 

Beginning 1 July 2024, the Law on Credit Institutions No. 32/2024/QH15 passed by the National Assembly on 18 January 2024 (New Law on Credit Institutions) will replace the currently effective Law on Credit Institutions No. 47/2010/QH12 (Current Law on Credit Institutions). 

In response to the Resolution on the Global Minimum Tax which has taken effect from 1 January 2024, a draft decree on the establishment, management, and use of an investment support fund has been recently released for public comments and consultation. We present the key highlights of the Draft Decree in this legal update. 

The updated edition of our Arbitration Guide provides an incisive analysis of the current state of commercial arbitration practice and trends on the recognition and enforcement of foreign arbitral awards and setting aside applications in Vietnam, presenting crucial insights and the latest developments that are essential for legal practitioners and businesses operating in the region.

In its 6th meeting session in November 2023, the 15th National Assembly of Vietnam voted and passed the Amended Law on Real Estate Business (Amended LREB) and the Amended Law on Residential Housing (Amended LRH). These laws, which will come into effect starting 1 January 2025, together with an Amended Land Law currently being considered and expected to be voted on in 2024 (Amended Land Law), will form a new set of key laws regulating the Vietnam real estate market. 

In Vietnam, the land titles system is fundamentally different to the land titles systems of many jurisdictions worldwide, although there are some similarities. Under the Constitution of Vietnam and relevant Vietnamese law, all of the land in Vietnam is owned by all of the citizens of Vietnam collectively, and the people have appointed the State to administer all of the land of Vietnam on behalf of the people. The holding of land use rights is recorded in a State-issued certificate, known as a “Certificate of Land Use Rights and Ownership of Residential Houses and Other Assets Attached to Land” (a LURC).