New rules in November 2026: 30% income tax cut, statistics penalties, data penalties and hiring Vietnamese staff for foreign organisations

The biggest news this week for small businesses: Decree 398/2026/ND-CP, which guides Resolution 43/2026/QH16, cuts income tax payable by 30% for companies, household businesses and individual traders with annual revenue of up to VND 10 billion. It took effect on 29 October 2026 and applies to the 2026 and 2027 tax years (VTV).

Also, from Monday 2 November 2026, Decree 362/2026/ND-CP, which amends the rules on administrative penalties in statistics, applies. It is followed by Decree 363/2026/ND-CP on penalties in the data field (effective 11 November 2026) and Decree 371/2026/ND-CP on recruiting and managing Vietnamese workers employed by foreign organisations and individuals (effective 15 November 2026) (LuatVietnam – Decrees effective in November 2026).

1. Decree 398/2026: 30% income tax cut for revenue up to VND 10 billion

Number and dates. Decree 398/2026/ND-CP was signed by Deputy Prime Minister Nguyễn Văn Thắng and details Resolution 43/2026/QH16. It took effect on 29 October 2026 and applies to the 2026 and 2027 tax years (Tuoi Tre). For background, see our earlier article on the 30% tax cut and the VND 10 billion threshold.

Who qualifies?

• Companies and organisations: enterprises, cooperatives, cooperative unions, public service units and other organisations with business income and annual revenue of up to VND 10 billion. They get a 30% cut in corporate income tax (CIT) payable (VTV).
• Household and individual businesses: resident individuals with business revenue of up to VND 10 billion a year, including the person who registered the household business or the member authorised to represent it. They get a 30% cut in personal income tax payable (VTV).
• How company revenue is counted: sales of goods and services, financial income and other income, including the revenue of dependent units and business locations (Dan tri).

How the cut works. The 30% is taken off the tax payable, not off revenue. A company that already enjoys other tax incentives gets a further 30% cut on the tax still payable after those incentives (Tuoi Tre).

Not eligible: companies formed by a split or separation after Resolution 43 took effect, if the combined revenue of the companies after the split exceeds VND 10 billion (VTV).

How to declare it

• Companies work out the reduction themselves when they make quarterly provisional CIT payments. If actual revenue for the year exceeds VND 10 billion, they must declare and pay the shortfall, and late-payment interest applies under current rules (VTV).
• Individual traders who expect revenue of up to VND 10 billion declare the cut on Form 01, filed with their quarterly, half-year or annual return. Organisations that withhold, file or pay on their behalf use Form 02 (Tuoi Tre).
• Individual traders who pass the threshold during the year file an adjustment on Form 03 with the return for the period in which cumulative revenue passes VND 10 billion. No late-payment interest is charged up to that period's filing deadline (VTV).
• Already filed without claiming the cut: file a supplementary return, or claim it at the annual finalisation. Overpaid tax is offset or refunded under the usual rules (Tuoi Tre).

What it means for your company: the Q3 2026 provisional CIT deadline was 30 October (Government News), one day after the decree took effect. If you paid Q3 without the 30% cut, your accountant can file a supplementary return or deal with it at the 2026 finalisation. If you have branches or business locations, add their revenue before you conclude that you are under the VND 10 billion threshold.

2. Decree 362/2026: statistics penalties, effective 2 November 2026

Number and dates. Decree 362/2026/ND-CP was issued on 18 September 2026 and takes effect on 2 November 2026 (LuatVietnam). Deputy Prime Minister Nguyễn Văn Thắng signed it. It amends Decree 95/2016/ND-CP (as amended by Decree 100/2021/ND-CP) (Bao Tin tuc).

Key changes:

• Remedial measures increase from 6 to 13 (amended Article 3 of Decree 95/2016). The main penalties are still a warning and a fine (Bao Tin tuc).
• An entity that has not filed can be ordered to file survey forms, statistical reports, financial reports or survey results. Non-compliant reports and forms can be ordered destroyed. Wrong figures already published can be ordered corrected (Vietstock).
• Using an unpublished statistical database can lead to an order to stop using it and delete the data (Vietstock).
• Electronic handling: a new clause 3 in Article 1 applies the law on handling administrative violations in the electronic environment (Tap chi Kinh te Tai chinh).
• Who can fine: commune-level People's Committee chairs up to VND 15 million, provincial chairs up to VND 30 million (Article 16). The head of the General Statistics Office and some ministry-level inspectors up to VND 30 million (Article 17) (Bao Tin tuc).

Transition: violations that happened and ended before 2 November 2026 but are still under review follow Decree 95/2016 (as amended by Decree 100/2021) (Bao Tin tuc).

What it means: a late or missing statistical report or enterprise survey form can now lead not only to a fine but also to an order to file it. Your accountant should check the periodic statistical reports and survey forms the company received this year.

3. Decree 363/2026: penalties in the data field, effective 11 November 2026

Number and dates. Decree 363/2026/ND-CP was issued on 19 September 2026 and takes effect on 11 November 2026 (LuatVietnam). Deputy Prime Minister Hồ Quốc Dũng signed it (Suc khoe & Doi song).

Fines to know (from LuatVietnam's fine table):

• The amounts in the table are for individuals. Fines for organisations are twice the individual amount. The highest amount in the table is VND 100 million, so an organisation can be fined up to VND 200 million.
• Limitation period: 1 year (Article 3).
• Collecting or creating data without the consent of the data subject or owner: VND 20–40 million (Article 8) (Suc khoe & Doi song).
• Intentionally providing false data, or refusing a lawful data request: VND 40–60 million (Article 7) (Suc khoe & Doi song).
• Violations in providing data to state bodies (Article 16) and in cross-border data transfer and processing (Article 19): VND 20–100 million, plus suspension (LuatVietnam).
• Violations in data storage (Article 10): VND 10–70 million (LuatVietnam).

What it means: if your company collects customer or partner data, or sends data abroad (for example through the parent company's software or servers), review how you get consent, where you store data and how you transfer it. Foreign-invested companies should look closely at Article 19 on cross-border data.

4. Decree 371/2026: hiring Vietnamese staff for foreign organisations, effective 15 November 2026

Number and dates. Decree 371/2026/ND-CP was issued on 25 September 2026 (LuatVietnam). Deputy Prime Minister Phạm Thị Thanh Trà signed it. It implements Article 150(3) of the Labour Code and takes effect on 15 November 2026 (VTV).

Who does it cover? Diplomatic and consular missions, representative offices of international organisations and of foreign government bodies, resident offices of foreign media, foreign NGOs, and foreign individuals working for them (Article 3). Representative offices in economics, trade, finance, banking, insurance and some other fields are not covered. They follow the Labour Code and related laws (VTV).

Steps and deadlines:

• Before hiring: notify the managing agency of the positions and number of hires. Post the vacancy publicly on the National Job Exchange, another lawful job portal or the organisation's official website (Article 6(1)) (Dan tri).
• After signing the contract: 10 working days to report the worker's full name, personal ID number, position and start date. The worker also submits a management file within 10 working days (Article 7).
• On termination: 10 working days to notify the agency and give the reason. The agency confirms within 3 working days (Dan tri).
• Managing agency: an agency or organisation authorised, assigned, contracted or tendered by the Ministry of Foreign Affairs (Article 5). According to LuatVietnam, provincial labour departments can no longer be delegated this role (LuatVietnam).

What to do in November

1. This week: recheck your Q3 2026 provisional CIT if full-year revenue (including branches and business locations) should stay at or below VND 10 billion. If you did not take the 30% cut, prepare a supplementary return or note it for the finalisation.
2. From 2 November: list the statistical reports and survey forms your company must file in 2026. Check what is missing and file it now.
3. Before 11 November: review where the company collects data (web forms, sales software, CRM), how it gets consent and where it stores data. Map any data flows that leave Vietnam.
4. Before 15 November: if you are a foreign NGO, an international organisation's office or a foreign government body, update your hiring process: public job posts and notices within 10 working days.
5. Representative offices of foreign traders: keep applying the Labour Code as today. Recheck employment contracts, social insurance and personal income tax for your staff.

How 3M can help

3M supports companies and representative offices with full-service accounting: bookkeeping, tax returns, financial statements and tracking of periodic filing deadlines. We can also recalculate the CIT reduction under Decree 398/2026 and build a compliance calendar so no deadline is missed.

Not sure your company has filed every report this year? Book a 30-minute call with us for a free review.

Talk to us:

• Hotline / Zalo: +84 33 827 0386 · Message on Zalo
• Email: [email protected]

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Sources:

• VTV – Companies and household businesses now get a 30% tax cut (31 Oct 2026, Vietnamese)
• Tuoi Tre – 30% tax cut for companies and household businesses made official (31 Oct 2026, Vietnamese)
• Dan tri – Guide to the 30% tax cut for revenue up to VND 10 billion (30 Oct 2026, Vietnamese)
• Government News – How companies benefit from the 30% CIT cut (Vietnamese)
• LuatVietnam – Decrees effective in November 2026 (Vietnamese)
• Bao Tin tuc – Many rules on statistics penalties amended (Vietnamese)
• Tap chi Kinh te Tai chinh – Decree 362/2026 adds rules on electronic handling of statistics violations (Vietnamese)
• Vietstock – Statistics violators may be ordered to remove shared data (Vietnamese)
• LuatVietnam – Data-field fines from 11 Nov 2026 under Decree 363/2026 (Vietnamese)
• Suc khoe & Doi song – Unlawful data collection fined up to VND 60 million (Vietnamese)
• VTV – New rules on hiring Vietnamese staff for foreign organisations (Vietnamese)
• Dan tri – Foreign employers must post vacancies on the job exchange (30 Oct 2026, Vietnamese)
• LuatVietnam – What is new in Decree 371/2026 (Vietnamese)

This article is for general information only and is not advice for any specific case. Check the full text of each decree before acting on it.