Crucial Changes to Gold and Foreign Currency Transaction Regulations Effective February 2026 Everyone Should Know

This legal move demonstrates the state regulatory authority's strong commitment to strictly regulating the foreign exchange market and gold trading.
The most notable point for individuals and businesses is not only the increased monetary fines but also the risk of incurring supplementary penalties: Confiscation of all involved illegal exhibits (violating assets).
Quantifying penalties for illegal foreign currency transactions (Article 27 of Decree 340/2025/NĐ-CP):
Decree 340/2025/NĐ-CP clearly differentiates administrative liability based on the scale (value) of the illegal foreign currency transaction. The buying and selling of foreign currency by individuals not through authorized credit institutions, or using foreign currency to pay for contracts or services, will face the following penalty frameworks:
- Transactions under 1,000 USD: A Warning penalty applies to black market foreign currency buying/selling or unauthorized payments. However, in cases of repeat offenses or multiple violations, a monetary fine ranging from 10,000,000 VND to 20,000,000 VND will be applied.
- Transactions from 1,000 USD to less than 10,000 USD: A fine ranging from 10,000,000 VND to 20,000,000 VND.
- Transactions from 10,000 USD to less than 100,000 USD: The penalty framework increases to a fine ranging from 20,000,000 VND to 30,000,000 VND.
- Transactions of 100,000 USD and above: Large-scale violations will face very heavy penalties, ranging from 80,000,000 VND to 100,000,000 VND.
- Illegal import or export of foreign currency cash: The fine ranges from 200,000,000 VND to 250,000,000 VND.
Greatest Legal Risk: Pursuant to Point a, Clause 10, Article 27 of Decree 340/2025/NĐ-CP, in addition to monetary fines, violators will face the confiscation of all foreign currency involved in the illegal transaction. This is a very strict sanction that can cause far greater economic damage than the administrative fine itself.
Strict control over the use of gold as a means of payment (Article 28 of Decree 340/2025/NĐ-CP):
In the practice of resolving civil disputes, particularly transactions related to real estate or asset lending, the public habit of pegging values to gold or direct payment in gold poses enormous legal risks under the new regulations:
- Using gold for payment or buying/selling at unauthorized locations: According to Clauses 1 and 2 of Article 28, the act of buying or selling gold bars at unlicensed organizations or using gold as a means of payment will result in a Warning. Similar to foreign currency, if this behavior is repeated (repeat offense/multiple violations), the fine will range from 10,000,000 VND to 20,000,000 VND.
- Violations regarding price listing: Businesses failing to publicly list the buying and selling prices of gold bars, gold jewelry, and fine arts gold will be fined between 30,000,000 VND and 50,000,000 VND (Point a, Clause 3, Article 28 of Decree 340/2025/NĐ-CP).
- Illicit trading, import, and export activities: Organizations or individuals producing or trading gold bars without a license, or illegally importing/exporting raw material gold/gold bars, face the highest penalty framework ranging from 300,000,000 VND to 400,000,000 VND (Clause 8, Article 28 of Decree 340/2025/NĐ-CP).
- Supplementary Sanction: Pursuant to Point a, Clause 9, Article 28 of Decree 340/2025/NĐ-CP, violating gold in the aforementioned unlicensed production, trading, import, and export activities will be confiscated.
Decree 340/2025/NĐ-CP is a strict sanction framework; the law aims for a more transparent, disciplined, and stable market.









