DIGITAL ASSETS ARE OFFICIALLY PROTECTED UNDER VIETNAMESE LAW THROUGH THE LAW ON DIGITAL TECHNOLOGY INDUSTRY, EFFECTIVE FROM JANUARY 1, 2026
Contents
I. Legal basis
- Law on Digital Technology Industry 2025
- Civil Code 2015
II. From January 1, 2026, digital assets are officially granted legal recognition throughout Vietnam.
1. Definition of digital assets
Pursuant to Article 46 of the Law on Digital Technology Industry 2025, digital assets are assets as defined under the Civil Code 2015, expressed in the form of digital data, and created, issued, stored, transferred, and authenticated by digital technologies within an electronic environment.
2. Classification of digital assets
Pursuant to Article 47 of the Law on Digital Technology Industry 2025, digital assets are classified based on various criteria, including their purpose of use, underlying technology, and other relevant factors. Notably, the three most prominent categories include:
a) Virtual assets in the electronic environment
Virtual assets in the electronic environment constitute a category of digital assets that may be used for exchange or investment purposes. Such virtual assets do not include securities, digital forms of fiat currency, or other financial assets as prescribed under the laws on civil matters and finance.
b) Crypto assets
Crypto assets are a category of digital assets that utilize cryptographic technology or other digital technologies with equivalent functions for authentication throughout the processes of creation, issuance, storage, and transfer. Crypto assets do not include securities, digital forms of fiat currency, or other financial assets as prescribed under the laws on civil matters and finance.
c) Other digital assets
These are digital assets that do not fall within the above two categories but still satisfy the general criteria applicable to digital assets.
3. Regulation of digital assets
Contents of digital asset regulation:
- The creation, issuance, storage, transfer, and establishment of ownership rights over digital assets;
- The rights and obligations of parties in relation to activities involving digital assets;
- Measures to ensure cybersecurity and information security; prevention and combat of money laundering; prevention and combat of terrorist financing and the proliferation of weapons of mass destruction;
- Inspection, examination, and handling of violations of law;
- Business conditions applicable to the provision of crypto-asset services;
- Other regulatory matters.
The authority and contents of digital asset regulation as mentioned above, as well as the classification of digital assets based on other criteria and other categories of digital assets, shall be implemented in accordance with regulations of the Government, in line with practical conditions and regulatory requirements across sectors and fields.
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III. Prohibited acts in the digital technology industry
The Law on Digital Technology Industry 2025 also stipulates six categories of prohibited acts, reflecting the State’s strong commitment to protecting rights and maintaining social order in the digital environment. Such acts include:
- Infringing upon national interests, human rights, social order, and social ethics through digital technology activities;
- Violating intellectual property rights in the field of digital technology;
- Exploiting digital technologies to commit unlawful acts;
- Engaging in fraudulent conduct to obtain incentives or support, or to evade liability during the course of technology testing.
- Obstructing lawful activities or facilitating unlawful activities within the digital technology industry;
- Abusing artificial intelligence (AI) to infringe upon public interests and cultural and ethical standards.
IV. Conclusion
Accordingly, the Law on Digital Technology Industry 2025 only codifies the concept of “digital assets”; however, digital assets under this Law do not include securities, digital forms of fiat currency, or other financial assets as prescribed under the laws on civil matters and finance. The notion of “other digital assets” as provided by the Law may be construed as an open-ended provision intended to accommodate categories of digital assets that cannot yet be specifically identified in advance.
Under the provisions of the Law on Digital Technology Industry 2025 regarding virtual assets, virtual currencies and cryptocurrencies are still not recognized as permissible means of payment. However, Point a, Clause 2, Article 47 of this Law provides that virtual assets may be used for purposes of exchange or investment. Accordingly, this legal framework indicates that, in the future, a formal legal regime governing digital assets will be established in the Socialist Republic of Vietnam. This implies that Vietnam will officially recognize digital assets, with a statutory framework for their classification and regulation in accordance with law.
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