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Takes effect 1 October 2026

Financial Regime for Credit Institutions: New Rules from October 1, 2026

VietSmart editorial teamPublished 17 September 20263 min read

The Government of Vietnam has updated the financial regime for credit institutions and foreign bank branches. New rules for profit distribution and reporting take effect on October 1, 2026.

Key points
  • Commercial banks and foreign bank branches account for revenue from trading securities in accordance with accounting legislation.
  • Contributions to the investment development fund are capped at 40 percent, while the combined limit with the capital reserve fund is up to 50 percent.
  • Paying dividends in shares is permitted only with a rating of category B or higher for the two preceding years and a bad debt ratio below 3 percent.
  • Undistributed profit for fiscal year 2024 is distributed under the new rules of Government Decree 316/2026/NĐ-CP.

1. What This Document Is

The Government of Vietnam adopted Government Decree 316/2026/NĐ-CP on August 11, 2026. The document amends and supplements the effective Government Decree 135/2025/NĐ-CP, which regulates the financial regime of the banking sector.

The act was signed by Deputy Prime Minister Nguyễn Văn Thắng pursuant to laws on credit institutions, management of state capital, enterprises, and accounting. The official effective date for the regulations is set for October 1, 2026.

2. Who Is Affected

The new rules apply to a broad list of participants in Vietnam's financial market. The scope of regulation covers commercial banks, non-bank credit institutions, and foreign bank branches.

The decree also extends to credit institutions with state participation, including institutions with 100 percent state ownership of charter capital. Specific provisions regulate cooperative banks, microfinance institutions, and people's credit funds.

3. Key Changes and Requirements

Regarding revenues, Clause 1 of Article 1 establishes the accounting treatment for trading securities. Commercial banks, non-bank credit institutions, and foreign bank branches must recognize revenues from such operations in compliance with accounting legislation.

Significant changes affect the distribution of after-tax profits. Deductions to the financial reserve fund are set at 10 percent, with the maximum balance of this fund not exceeding 25 percent of charter capital. No more than 40 percent of profit can be allocated to the investment development fund, while the aggregate volume of allocations to the charter capital reserve fund and the investment development fund cannot exceed 50 percent pursuant to Article 25 of the Law on Management and Investment of State Capital in Enterprises. The maximum balance of the investment development fund is limited to the amount of the institution's charter capital.

The establishment of bonus and welfare funds is strictly linked to efficiency ratings. Category A institutions may allocate up to 3 months of actual salary for these purposes, category B up to 2 months, and category C up to 1 month. If a credit institution has not undergone an efficiency evaluation, allocations to bonus and welfare funds are not permitted at all.

Special conditions are established for share-based dividend distributions by institutions with state capital. The State Bank of Vietnam coordinates with the Ministry of Finance before submitting a proposal to the Prime Minister. Share dividend payments are permitted only for effectively performing entities that achieved a rating of category B or higher for two consecutive years, provided that their non-performing loan ratio remains strictly below 3 percent.

4. What Is Replaced and the Transition Period

Government Decree 316/2026/NĐ-CP takes effect on October 1, 2026, and amends Articles 13, 22, 23, 24, 25, 27, and 29 of Government Decree 135/2025/NĐ-CP.

Article 2 of the new act sets out a special transitional regime for undistributed profit. If profit for fiscal year 2024 was not distributed before October 1, 2026, its distribution must strictly follow the rules and norms of Decree 316/2026/NĐ-CP.

5. Fund Management and Financial Planning

Article 27 defines in detail the purposes of the created funds. The capital supplementary reserve fund serves to increase charter or allocated capital, while the financial reserve covers operating losses and property damage remaining after insurance payouts and compensation from liable parties.

Credit institutions and foreign bank branches must approve internal regulations on managing and utilizing funds established from net profit. Profitable organizations that have fully paid enterprise income tax are entitled to make provisional fund allocations directly during the fiscal year.

For wholly state-owned institutions, Article 29 sets strict planning deadlines. By July 31, they submit their financial plan for the upcoming year to the Ministry of Finance and the State Bank of Vietnam, and by March 1 of the planning year, they submit updated estimates for subsequent monitoring and categorization.

What businesses should do
  1. Review the bad debt ratio and keep the metric strictly below 3 percent to preserve eligibility for share dividend distributions.
  2. Align accounting for revenues from trading securities operations with dedicated accounting legislation.
  3. Adjust local policies on net profit distribution to reflect the 40 percent limit for the investment development fund.
  4. Apply the requirements of the new act when distributing residual profits for fiscal year 2024 if planned after October 1, 2026.
  5. Draft and approve internal regulations for managing and spending corporate funds created from net profit.

Questions and answers

From what date does Government Decree 316/2026/NĐ-CP take effect?

The document takes effect on October 1, 2026. Additionally, undistributed profit for fiscal year 2024 is distributed under its rules.

What are the conditions for paying bank dividends in shares?

The institution must maintain an efficiency rating of at least category B for two consecutive preceding years and keep bad debts under 3 percent.

How has securities accounting changed for foreign bank branches?

Revenues from trading securities must be recognized within revenues strictly in accordance with accounting legislation.

Prepared with AI assistance from the official text; document numbers, dates and figures were checked by software. Reference information, not legal advice.