VCI Legal – August 12, 2026

Digital transformation is expanding access to capital, payment methods and financial services, while at the same time giving rise to new legal risks relating to data, digital assets, platform liability and the evidentiary value of electronic transactions. These issues were among the key topics discussed by experts at the Conference “Digital Transformation in Financial Transactions: Facilitating Capital Flows or Complicating Disputes”, held on 12 August in Ho Chi Minh City.

The Conference marked the opening event of the Ho Chi Minh City Legal Management Series 2026 (LMS 2026), jointly organised by the Investment and Trade Promotion Center of Ho Chi Minh City (ITPC) and the Vietnam International Arbitration Centre (VIAC). The event brought together representatives of regulatory authorities, legal experts, arbitrators, businesses and stakeholders in the financial sector to discuss the evolving transactional landscape in the digital era and identify legal risks arising from the digitalisation of financial activities. According to VIAC, the Conference is the first event in the LMS 2026 series, which will continue with in-depth programmes focusing on cross-border financial transactions and digital transformation across other areas of commerce.

Growing Challenges in Resolving Digital Financial Disputes

The development of blockchain technology, crypto-assets and digital financial platforms is creating new opportunities for capital mobilisation, investment and financial service delivery, while also giving rise to complex legal issues concerning data, property rights, platform liability and mechanisms for protecting the rights and interests of market participants.

At the Conference, Mr. Phung Anh Tuan, Esq., Managing Partner of VCI Legal, and  Vice Chairman of the Vietnam Association of Financial Investors (VAFI), addressed the legal challenges involved in establishing, protecting and enforcing rights over crypto-assets.

According to Mr. Phung Anh Tuan, the legal recognition of digital assets and crypto-assets provides an important foundation for determining the lawful rights and interests of market participants. Nevertheless, a number of legal issues remain to be further clarified, particularly those relating to ownership, the establishment and transfer of rights, transactions, custody, and the responsibilities of parties providing crypto-asset platforms and services.

Government Resolution No. 05/2025/NQ-CP on the pilot implementation of the crypto-asset market in Vietnam provides that where the lawful rights and interests of organisations or individuals are infringed upon or disputes arise in the crypto-asset market, such disputes may be resolved through negotiation, mediation, arbitration or Vietnamese courts.

With respect to arbitration, Mr. Tuan Phung noted that an arbitration agreement remains the fundamental basis for establishing the jurisdiction of an arbitral tribunal. For transactions involving foreign elements, parties should clearly agree from the outset on the applicable law, dispute resolution mechanism, and mechanisms for the storage and exchange of electronic data. These arrangements are particularly important in mitigating disputes and enhancing the enforceability of the parties’ rights.

“The challenge in digital asset disputes lies not only in determining the rights at issue, but also in proving, preserving and enforcing those rights.”

From a dispute resolution perspective, Mr. Tuan emphasised the need to further develop the existing legal framework to address the specific characteristics of digital transactions, particularly with respect to interim measures, the collection and preservation of electronic evidence from third parties, the liability of intermediary platforms, and the enforcement of rights against crypto-assets.

As financial transactions increasingly move into digital environments, the challenge is not merely to establish a legal framework that enables capital to flow more efficiently and conveniently, but also to ensure that rights arising from such transactions can be effectively identified, evidenced and protected when disputes arise.

The Conference “Digital Transformation in Financial Transactions: Facilitating Capital Flows or Complicating Disputes?” therefore provided an important platform for dialogue among businesses, legal professionals and market participants, contributing to the development of a transparent, secure and legally predictable digital financial environment in line with Vietnam’s broader digital transformation and international integration.

About VCI Legal:

VCI Legal is an award-winning business law firm in Vietnam with a wide range of legal and corporate services, among other things, corporate, banking & finance, tax, labor & HR, real estate and dispute resolution with special focus on international investment disputes, We also offer our specialized type of service called “In-House Counsel Service” with the aim of assisting our clients in dealing with all types of internal and external issues arising from their day-to-day operations and business activities. With our offices in both Hanoi and Ho Chi Minh City, we have a tremendous depth of experience in providing well-reasoned and comprehensive legal advice to not only multinationals and Fortune 500 companies, but also small and medium enterprises.

Our professional team comprises one of the leading law firms in Vietnam with service quality highly recommended and acknowledged by international legal service reviewers such as: The Legal 500, AsiaLaw Profiles, IFLR, KPMG’s Tax Directors’ Handbook, Acquisition International, ACQ Global, Global Law Experts, Finance Monthly, and Chambers & Partners.

For many years, VCI Legal has been ranked among the top law firms in Vietnam for corporate, finance, insurance, taxation, employment, intellectual property and investment. With a “Can Do Attitude” combined with a “Know How” capacity, our firm is big enough to provide comprehensive legal support for any in-house legal matters, yet small enough to care about each of our clients. We undertake each engagement with the mindset of a long-term relationship, with the will to give whatever it takes to understand and fulfill your needs.

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