Mandatory Electronic ID and the Barrier Facing Foreign Legal Representatives: How Should FDI Companies Respond After July 2025?
As of July 1, 2025, Decree No. 69/2024/ND-CP on electronic identification and authentication has come into official effect. Under this decree, every enterprise established and registered in Vietnam is required to obtain an electronic ID account (VNeID) and to carry out administrative procedures — tax filings, customs declarations, social insurance, license applications, and the like — online. For FDI companies whose legal representative is a foreign national in particular, significant practical challenges are beginning to surface.
01 - The core issue: can a foreign legal representative obtain a “Level 2 electronic ID”?
Applying for a corporate electronic ID requires that the legal representative personally holds a Level 2 electronic ID. However, under Article 7(2) of Decree 69, foreign nationals are only eligible for a Level 1 or Level 2 electronic ID if they hold a temporary residence card (TRC) or a permanent residence card (PRC). This means a foreign representative without a TRC/PRC cannot obtain an electronic ID — and, as a result, the company itself cannot register its corporate electronic ID either.
02 - Is there any progress? Trends in the draft amending decree
A draft amendment to Decree 69, published on December 4, 2025, proposes to allow electronic IDs to be issued to any foreign national who has entered Vietnam lawfully, regardless of residency status. However, this remains only at the draft-bill stage.
03 - Practical advice: what should FDI companies prepare?
Checklist: Is the legal representative a foreign national? Does that person hold a TRC (temporary residence card)? Do they meet the requirements for a Level 2 electronic ID? Would a scheme involving multiple representatives be necessary? Is the company positioned to respond to the forthcoming decree amendment? Particular caution is warranted for companies where an executive of the Japanese head office serves as representative in name only, where there is no representative resident in Vietnam, or where the responsible personnel change frequently.