The Vietnamese e-commerce market is entering a new phase of development, demanding greater professionalism and transparency. In this context, understanding and complying with the law is no longer an option, but a prerequisite for businesses to survive and thrive sustainably.
Mr. Nguyen Huu Tuan, Director of the Center for E-commerce and Digital Technology Development (eComDX), Department of E-commerce and Digital Economy, Ministry of Industry and Trade, emphasized: “The goal of the management agency is to support the community in correctly understanding and implementing legal regulations.” Currently, the legal system on e-commerce in Vietnam is relatively complete, including the Law on Electronic Transactions, the Law on Consumer Rights Protection, and important guiding documents such as Decree 52/2013/ND-CP and Decree 85/2021/ND-CP (amended and supplemented).
Mr. Nguyen Huu Tuan, Director of the Center for E-commerce and Digital Technology Development (eComDX)
One of the landmark changes is the adjustment of responsibility for e-commerce platforms. Previously, under Decree 52, many platforms operated as intermediaries, only providing a trading space and not being responsible for the goods provided by sellers. However, Decree 85/2021/ND-CP clearly stipulates that if an e-commerce platform provides information services and charges fees from sellers, it must bear joint responsibility in case of violations. This means that platforms will have to share responsibility for the quality of goods and the legality of transactions taking place on their systems.
Furthermore, the draft of the new E-commerce Law also introduces the principle of consistent application of law between the physical environment and cyberspace. Accordingly, conditional business sectors – such as alcohol and functional foods – when operating on online platforms must still fully comply with regulations and licenses just like in traditional sales models. E-commerce is a distribution method and cannot be a "gray area" to evade legal obligations.
To ensure safe and lawful online business operations, organizations and individuals must strictly fulfill the following basic legal obligations:
Registration and notification: All websites and applications with online ordering functionality must register or notify the Ministry of Industry and Trade's online portal (online.gov.vn).
Information transparency: Sellers must publicly disclose complete information about their business (name, address, tax identification number, etc.) and product details, including clearly indicating whether the selling price includes or excludes relevant taxes and fees.
Compliance with product labeling regulations: Product information posted online must comply with current product labeling regulations, except for elements that change over time such as production date and expiration date.
Public sales policies: There needs to be clear, transparent, and easily accessible policies regarding warranties, returns, refunds, and product inspection (joint inspection).
Data storage: Platforms, including sellers using livestreaming, are responsible for storing data about broadcast activity for a minimum of three years.
Simultaneously, to meet the requirements of modern management and promote the proper development of e-commerce, the Ministry of Industry and Trade is drafting a new Law on E-commerce to improve the legal framework, enhance the effectiveness of state management, and support the sustainable development of e-commerce. According to Mr. Nguyen Huu Tuan, the draft focuses on two main pillars: firstly, protecting consumer rights, preventing tax evasion, counterfeit goods, substandard goods, and intellectual property infringement; secondly, promoting a green, sustainable e-commerce model and fair competition with domestic businesses. These two pillars are concretized through six policy groups, including: defining the types and responsibilities of entities in e-commerce; expanding regulations to include cross-border activities and foreign investors; controlling e-commerce activities on multi-service platforms and social networks; regulating e-commerce support services; perfecting the mechanism for concluding electronic contracts; and building a legal framework to promote green e-commerce.
Furthermore, the draft law addresses outstanding issues such as identifying sellers, tracing and handling violations, establishing mechanisms for controlling substandard goods, and strengthening consumer protection tools. Completing the e-commerce law not only meets the requirements of international integration but also opens opportunities for the private sector – especially small and medium-sized enterprises – to develop rapidly, efficiently, and sustainably in the digital age. The draft law is expected to be submitted to the National Assembly for consideration and approval at the October 2025 session.
Strict adherence to legal requirements not only helps businesses mitigate legal risks but also builds credibility, contributing to the healthy and sustainable development of the entire market. The legal system is not intended to create difficulties, but rather to protect the legitimate interests of all participating parties, while simultaneously shaping a transparent, fair, and competitive e-commerce environment in line with the trend of integration.
