Digital Assets: Latest Legal Regulations

Digital Assets are becoming a familiar concept in the context of digital transformation and the strong development of global technology. Vietnamese law now has clearer regulations classifying forms of assets existing in cyberspace and establishing ownership protection mechanisms for organizations and individuals.

What are digital assets?

Based on Article 46 of the Law on Digital Technology Industry 2025, digital assets are defined as follows:

“Digital assets are assets as prescribed by the Civil Code 2015, expressed in the form of digital data, created, issued, stored, transferred, and authenticated by digital technology in an electronic environment.”

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Regulations on digital assets from 2026 under the 2025 Law on Digital Technology Industry

Digital assets are classified under Article 47 of the Law on Digital Technology Industry 2025 based on one or more of the following criteria: Purpose of use; Technology; Other criteria.

Digital assets include:

1. Virtual Assets in Electronic Environment: According to Point a, Clause 2, Article 47, virtual assets are a type of digital asset that can be used for exchange or investment purposes. Virtual assets do not include securities, digital forms of fiat currency, and other financial assets as prescribed by civil and financial laws.
2. Encrypted Assets (Crypto Assets): According to Point b, Clause 2, Article 47, crypto assets are a type of digital asset using encryption technology or digital technology with similar functions to authenticate assets during creation, issuance, storage, and transfer. Crypto assets do not include securities, digital forms of fiat currency, and other financial assets as prescribed by civil and financial laws.
3. Other Digital Assets: Besides the above types, digital assets also include high-economic-value data such as Big Data, domain name ownership rights, and copyrighted digital content. The Law on Digital Technology Industry 2025 protects copyright and related rights for products created by artificial intelligence. Clients need to carry out procedures to establish rights at functional agencies to protect legal interests against infringement.

Prohibited behaviors in the digital technology industry

According to Article 12 of the Law on Digital Technology Industry 2025 (amended by Article 33 of the AI Law 2025, effective from March 1, 2026), prohibited acts include:

• Abusing digital technology industry activities to infringe upon national interests, national defense, security, social order and safety, public interests, human rights, citizen rights, and legitimate rights and interests of organizations and individuals; affecting social ethics, health, and human life.
• Violating intellectual property rights in the digital technology industry.
• Using digital technology products and services to commit illegal acts.
• Forging or deceiving to enjoy State preferential policies or support; to be excluded from liability in controlled testing of digital technology products/services.
• Obstructing legal activities; supporting illegal activities regarding the digital technology industry of organizations and individuals.

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Consulting services on digital assets in accordance with current laws at Long Phan Consulting Company

With a team of experienced and legally knowledgeable experts, Long Phan Consulting Company provides professional, reputable, and effective consulting services on digital assets under current laws. We structure our support into the following key areas:

• Consulting services for registering intellectual property rights protection for digital assets.
• Providing consulting support for assessing the legal validity of projects.
• Drafting contracts and regulations for the transfer of digital assets.
• Compliance and risk prevention consulting
• Providing advice on valuation methods, commercial exploitation, and conversion of digital assets in M&A or financial investment transactions.
• Collect and analyze data, and analyze the factors affecting the value of digital assets.

Some frequently asked questions about digital assets under current law

Below, Long Phan Consulting Company provides some frequently asked questions regarding digital assets according to current legal regulations. We invite interested clients to refer to this information:

How is the management of digital assets regulated?

The content regarding the management of digital assets is stipulated in Article 48 of the Law on Digital Technology Industry 2025 as follows:

• The creation, issuance, storage, transfer, and establishment of ownership of digital assets;
• Rights and obligations of parties regarding activities related to digital assets;
• Measures to ensure cybersecurity; prevention and combating money laundering; prevention and combating terrorist financing and financing of the proliferation of weapons of mass destruction;
• Inspect, examine, and handle violations of the law;
• Business conditions for providing crypto asset services;
• Other management content.

The authority and content of digital asset management under Clause 1, Article 48 of the 2025 Law on Digital Technology Industry; and the classification of digital assets under Point c, Clause 1 and Point c, Clause 2, Article 47 of the 2025 Law on Digital Technology Industry shall be implemented according to the Government’s regulations in line with practical realities and management requirements in the industry and sector.

Are digital assets recognized as legal assets under Vietnamese law?

Prior to June 14, 2025, according to the 2015 Civil Code, property was understood to include tangible objects, money, valuable documents, and property rights. This concept did not include digital assets, leading to many legal loopholes when handling disputes or valuing digital assets.

However, the Law on Digital Technology Industry 2025 – effective from January 1, 2026 – has officially incorporated digital assets into the legal system. Specifically, Article 46 of the Law stipulates:

“Digital assets are assets as defined by the Civil Code, expressed in the form of digital data, created, issued, stored, transferred, and authenticated by digital technology in an electronic environment.” Thus, from 2026, digital assets will have the same legal status as physical objects, money, securities, or property rights.

Are all digital assets the same?

No, according to Article 47 of the 2025 Law on Digital Technology Industry, digital assets are classified according to various criteria such as purpose of use, technology, and other factors. Among these, the three most prominent types include:

• Virtual assets in the electronic environment
• Crypto Assets
• Other digital assets

Clear classification helps regulatory agencies, businesses, and individuals correctly identify asset types to apply appropriate regulations, especially in activities such as investment, transactions, and tax declarations.

Can the buying and selling of digital assets be taxed like securities?

According to Clause d, Point 10, Article 3, and Article 19 of the Personal Income Tax Law 2025 (effective from July 1, 2026), income from the transfer of digital assets falls under the category of other income subject to personal income tax.

Personal income tax on other income of resident individuals as stipulated in points a, b and c of Clause 10, Article 3 of the Personal Income Tax Law 2025 is determined by multiplying taxable income by the tax rate of 5%. In this case, taxable income is the portion of income exceeding VND 20 million that the taxpayer receives each time it arises.

Personal income tax on other income of resident individuals as stipulated in points d and e of Clause 10, Article 3 of the Personal Income Tax Law 2025 is determined by multiplying the transfer price by the tax rate of 0.1%.

How are crypto assets distinguished from securities or central bank digital currencies?

According to Clause 2, Article 3 of Resolution No. 05/2025/NQ-CP, cryptographic assets are a type of digital asset that uses cryptographic technology or similar digital technology to authenticate the asset during its creation, issuance, storage, and transfer. Cryptographic assets do not include securities, digital forms of fiat currency, and other financial assets as defined by civil and financial laws.

Conclusion

Current legal regulations on digital assets require deep understanding of both technical and legal aspects to ensure transaction safety. Clients need to proactively update on the implementation guidelines of the Law on Digital Technology Industry 2025.

For in-depth advice and accurate solutions for specific cases, please contact Long Phan Consulting Company via hotline 1900636389 today.