United States vs Vietnam
Crypto regulation comparison
United States
Vietnam
The United States has the world's most complex crypto regulatory landscape, with overlapping federal and state jurisdictions. The SEC regulates crypto securities and has pursued enforcement actions against exchanges and token issuers. The CFTC oversees crypto derivatives and considers Bitcoin a commodity. FinCEN applies BSA requirements to crypto exchanges as money service businesses. The IRS taxes crypto as property: short-term gains at income tax rates (10-37%), long-term gains at 0-20%. New 1099-DA broker reporting rules take effect from 2025. Multiple states have their own requirements, with New York's BitLicense being the most stringent.
Vietnam passed the Law on Digital Technology Industry in June 2025 (effective January 2026), officially recognizing crypto as legal virtual assets. However, the SBV still bans crypto as a payment method. The law requires AML/cybersecurity compliance for all crypto activities. Vietnam consistently ranks among the top globally in crypto adoption. Ministry of Finance to issue detailed guidance before 2026.
Key Points
- SEC regulates crypto as securities under Howey test; major enforcement actions (Ripple, Coinbase, Binance)
- CFTC classifies Bitcoin and Ether as commodities; oversees derivatives markets
- IRS treats crypto as property: short-term gains taxed at 10-37%, long-term (1yr+) at 0-20%
- FinCEN requires exchanges to register as MSBs and comply with BSA/AML requirements
- 1099-DA broker reporting for centralized exchanges effective from tax year 2025
Key Points
- Law on Digital Technology Industry (June 2025) recognizes crypto as legal virtual assets
- SBV still bans crypto as payment method; not recognized as legal tender
- Vietnam ranks #1 globally in crypto adoption (Chainalysis 2023 index)
- AML and cybersecurity compliance required for all crypto trading activities
- Ministry of Finance to issue detailed crypto regulatory guidance before January 2026
Sources
- IRS - Digital Assets
- CFTC - Digital Assets
- SEC - Crypto Task Force
- Congress - GENIUS Act (S.1582)
- FinCEN - Mining Ruling (FIN-2014-R001)
- IRS - FAQ on Digital Asset Transactions
- IRS - Capital Gains and Losses Topic 409
- FinCEN - Virtual Currency Guidance (FIN-2013-G001)
- IRS - Digital Asset Reporting and Tax Requirements