Gold confiscation without invoices" is misunderstood, people who spread false information may be fined

Khương Duy |

The confiscation is only set for gold bars that are exhibits of illegal trading and business. People who intentionally distort and spread false information may be penalized.

Recently, the legal framework for gold production, business and trading activities is being tightened to increase market transparency, put transaction activities into a management framework, limit speculation - price manipulation and protect the legitimate rights of people.

Decree No. 340/2025/ND-CP, effective from February 9, 2026, stipulates that acts of trading gold bars without a license as prescribed will be severely punished and exhibits of violations may be confiscated. At the same time, the act of buying and selling gold bars worth 20 million VND or more without making payments through bank accounts will be fined from 10 to 20 million VND.

These regulations are considered an important legal basis to ensure that the gold exchange operates publicly, transparently and within the framework of state management agencies' control. However, on social networks today, there is a lot of distorted and misleading information with interpretations such as "as of February 9, 2026, the police have the right to confiscate gold bars without invoices" or "anyone wearing gold must bring invoices proving their origin".

Theo luat su, cac cach hieu nay de gay hoang mang vi da danh dong giua quyen so huu tai san hop phap cua nguoi dan voi hanh vi kinh doanh, mua ban vang mieng vi pham dieu kien phap luat.
According to the lawyer, these understandings are easy to cause confusion because they have equated the legitimate property ownership of the people with the act of trading and buying and selling gold bars violating legal conditions.

Talking to Lao Dong Newspaper reporters, Lawyer Mai Thao - Deputy Director of TAT Law Firm - said that many contents on cyberspace are being "simplicated" and "exaggerated risks", typically the way of expressing "anyone can get gold confiscated".

Currently, many simplified and risk-exaggerating information is appearing in cyberspace, typically the way of expressing "anyone can get gold". This understanding is not consistent with the spirit and legal content of Decree 340/2025/ND-CP.

First of all, it is necessary to clearly affirm: Decree 340 does not regulate the ownership of gold of people, but regulates the act of trading and buying and selling illegal gold bars. The confiscation is only set for gold bars that are exhibits of violations, specifically gold bar trading transactions that are not the right subject, not in accordance with legal conditions. People who legally own gold, store gold, and do not carry out illegal trading acts are not subject to handling.

The distortion lies in the fact that it has assimilated between "property ownership" and "violating business behavior", thereby creating the feeling that the State can arbitrarily interfere in personal property. This is a misinterpretation of the legal nature, easily causing psychological confusion and negative reactions in society.

Dien bien gia vang  trong nuoc nhung phien giao dich gan day. Bieu do: Khuong Duy
Domestic gold price movements in recent trading sessions. Chart: Khuong Duy

From a legal perspective, if the spread of false information only stops at the level of misunderstanding and emotional comments, it needs to be handled by policy communication and legal interpretation. However, in cases of intentionally distorting the content of regulations, cutting and pasting information, and spreading false information to cause public confusion and incite market instability, depending on the nature and severity, the perpetrator may be administratively sanctioned according to regulations on false information in cyberspace, and even more severe legal responsibility may be considered if causing major consequences.

The most important thing at this time is to give a correct understanding: Decree 340 is a tool to tighten the discipline of the gold market, not a policy of asset stripping. If the policy is fully and transparently explained, then the information causing confusion will naturally lose its existence," Lawyer Mai Thao emphasized.

Khương Duy
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