Decree 248/2026/ND-CP detailing the Law on E-Commerce
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ATTRIBUTE
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 248/2026/ND-CP | Signer: | Pham Gia Tuc |
| Type: | Decree | Expiry date: | Updating |
| Issuing date: | 30/06/2026 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Commerce - Advertising |
The Effect status of this document is known.This feature is available to Advanced account holders. Please log in to a subscriber account to view Effect status. Don’t have an account? Register here
THE GOVERNMENT |
| THE SOCIALIST REPUBLIC OF VIETNAM |
No. 248/2026/ND-CP |
| Hanoi, June 30, 2026 |
DECREE
Detailing a number of articles of the Law on E-Commerce[1]
Pursuant to Law No. 63/2025/QH15 on Organisation of the Government;
Pursuant to Law No. 122/2025/QH15 on E-Commerce;
At the proposal of the Minister of Industry and Trade;
The Government promulgates the Decree detailing a number of articles of the Law on E-Commerce.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree details the provisions of Law No. 122/2025/QH15 on E-Commerce (below referred to as the Law on E-Commerce) regarding:
1. Clause 8, Article 9, regarding the National E-Commerce Day and the organisation of activities in response to the National E-Commerce Day;
2. Clause 5, Article 11, regarding to-be-publicised contents on conditions for operating and conditions for conducting transactions on e-commerce platforms;
3. Clause 4, Article 14, regarding the management and operation of e-commerce platforms; the competence, order and procedures for notification, modification, supplementation and termination of notification; and the competence, order and procedures for registration, and modification, supplementation and termination of registration of e-commerce platforms;
4. Clause 4, Article 15, regarding responsibilities of operators of e-commerce platforms;
5. Clause 5, Article 17, regarding responsibilities of operators of intermediary e-commerce platforms;
6. Clause 5, Article 18, regarding responsibilities of operators of social media platforms conducting e-commerce activities;
7. Clause 3, Article 19, regarding responsibilities of operators of e-commerce integration platforms;
8. Clause 2, Article 20, regarding responsibilities of operators of e-commerce platforms integrated on e-commerce integration platforms in case a technical error related to the authorisation, access, control or use of data between the parties is detected;
9. Clause 7, Article 27, regarding the transaction threshold with buyers in Vietnam; conditions for management and operation of e-commerce platforms; making of deposits; and the competence, order and procedures for registration, and modification, supplementation and termination of registration of foreign e-commerce platforms conducting e-commerce activities in Vietnam;
10. Point b, Clause 1, Article 30, regarding responsibilities of authorised legal persons in Vietnam for direct-selling e-commerce platforms with the online ordering function, intermediary e-commerce platforms with the online ordering function, and social media platforms conducting e-commerce activities with the online ordering function, in removing information on violating goods and services upon receiving requests from competent state agencies;
11. Clause 2, Article 32, regarding market access conditions for foreign investors in the field of e-commerce;
12. Clause 1, Article 33, regarding responsibilities of organisations providing technical infrastructure services in support of e-commerce in preventing acts of violation upon receiving requests from competent state agencies;
13. Clause 2, Article 34, regarding responsibilities of organisations providing logistics services in support of e-commerce in suspending the provision of logistics services upon receiving requests from competent state agencies;
14. Point d, Clause 3, Article 35, regarding responsibilities of organisations providing payment services and payment intermediary services in support of e-commerce in removing integrated e-commerce platforms showing signs of violation of law or violating law upon receiving requests from competent state agencies;
15. Clause 3, Article 36, regarding electronic contract authentication services in commerce;
16. Clause 3, Article 37, regarding the E-Commerce Activity Management System;
17. Clause 4, Article 38, regarding the e-commerce database.
Article 2. Subjects of application
This Decree applies to operators of e-commerce platforms; organisations providing technical infrastructure services in support of e-commerce; organisations providing logistics services in support of e-commerce; organisations providing payment services and payment intermediary services in support of e-commerce; foreign investors in the field of e-commerce; authorised legal persons in Vietnam for foreign e-commerce platforms conducting e-commerce activities in Vietnam; and other related organisations and individuals.
Article 3. National E-Commerce Day
1. The National E-Commerce Day is December 12 every year.
2. The conditions and requirements for organising the National E-Commerce Day must comply with the law on observance days.
2. Activities in response to the National E-Commerce Day include:
a/ Communication, dissemination and training activities on the law on e-commerce and online shopping skills in order to mobilise and attract the attention, response and participation of the whole society to/in the National E-Commerce Day;
b/ Public activities attracting the participation of a large number of operators of e-commerce platforms, sellers, buyers, and related agencies, organisations and individuals;
c/ Activities within the framework of national-level e-commerce plans, projects, schemes, programmes and activities issued by competent authorities;
d/ Other activities consistent with the theme and plan for activities in response to the National E-Commerce Day.
4. Plans for organising activities in response to the National E-Commerce Day shall be implemented regularly and continuously throughout the year, with a particular focus on the last month and the first three months of the year.
Chapter II
CONTENTS TO BE PUBLICISED ON E-COMMERCE PLATFORMS
Article 4. Information on operators of e-commerce platforms
Information on an e-commerce platform operator must include at least the following contents:
1. Name and head office address of the e-commerce platform operator, for institutional operators, and name of its legal representative; or name and residential address of the e-commerce platform operator, for individual operators;
2. Number, date and place of issuance of the enterprise registration certificate; or number, date and place of issuance, and issuing agency, of the establishment decision, for organisations; and tax identification number, for individuals or business households.
Article 5. Privacy policy
1. The privacy policy must include at least the following contents:
a/ Purposes and scope of collection of user information;
b/ Scope of use of information;
c/ Information storage period or method for determining the information storage period;
d/ Organisations and individuals that may have access to personal information;
dd/ Measures for ensuring security for user information and data;
e/ Methods and procedures enabling data subjects to view, modify, or request modification of, their data on the platform;
g/ Methods and procedures for receiving requests from data subjects for deletion, destruction, or restriction of the processing, of the data they have provided;
h/ Methods and procedures for receiving and settling complaints, requests and reports from data subjects concerning information privacy.
2. The contents specified in Clause 1 of this Article must comply with the laws on data and personal data protection.
Article 6. Rights and obligations of the parties
Operators of e-commerce platforms shall publicise information on the rights and obligations of the parties, ensuring compliance with the Law on E-Commerce, this Decree and relevant laws, which must include at least the following contents:
1. Rights and obligations of the operator of an e-commerce platform
a/ To issue and publicise operating conditions and transaction conditions, and organise the implementation thereof;
b/ To formulate and publicise service standards and procedures for operation on the platform;
c/ To collect service charges in accordance with the publicised pricing policy;
d/ To provide buyers, before they place orders, with full or summary information on the applicable forms of sales promotion;
dd/ To ensure the safe and stable operation of the platform;
e/ To specify the cases in which sellers’ or buyers’ accounts may be suspended, terminated or restricted;
g/ To take necessary measures to ensure the security of information relating to users’ trade secrets and consumers’ personal information;
h/ To receive and settle requests, reports and complaints from users;
i/ To monitor and prevent violations of law; and coordinate with, and provide information and data at the request of, competent state agencies.
2. Rights and obligations of sellers
a/ To register, maintain, suspend or terminate the sale of goods or provision of services; to decide on goods, services, selling prices and sales promotion policies in accordance with law and agreements with the e-commerce platform operator;
b/ To use the platform’s technical infrastructure and support tools; to access data directly related to their business activities; to be assured of full and timely payment and have their requests, reports and complaints settled in adherence to the principles of openness and transparency;
c/ To provide accurate and complete information; to ensure the quality of goods and services; to fully perform obligations relating to delivery, warranty, return and refund; to refrain from using the platform to conduct business in sectors or trades banned from business investment, trade in counterfeit goods or goods infringing upon intellectual property rights, or commit other violations of law;
d/ To fulfil financial obligations towards the State; to protect buyer data and consumer information; to coordinate with the e-commerce platform operator and competent state agencies in handling violations of law.
3. Rights and obligations of buyers
a/ To have their consumer rights and interests protected; to be provided with complete and accurate information on goods, services and sellers;
b/ To select goods, services, and payment and delivery methods; to have their personal data protected; to have their reports, requests and complaints settled in accordance with regulations;
c/ To provide necessary and accurate information; to make full and timely payment;
d/ To comply with law and with the platform’s operating conditions and transaction conditions; to refrain from using the platform to commit violations of law.
Article 7. Methods for receiving and settling reports, requests and complaints
The methods for receiving and handling reports, requests and complaints must include at least the following contents:
1. Methods for receiving reports, requests and complaints, including at least one online contact method;
2. Order and procedures for receiving and handling reports, requests and complaints, including the specific steps to be taken by the parties;
3. Specific time limits for giving initial responses and estimated time limits for settling each common type of issue;
4. Measures and tools used by the platform to support the settlement of reports, requests and complaints.
Article 8. Pricing policy
The pricing policy of an e-commerce platform with the online ordering function must include at least the following contents:
1. For prices of goods and services provided on the platform: It is required to clearly state whether such prices are inclusive of costs related to the purchase of the goods or services, such as taxes, shipping costs and other additional costs;
2. For service charges applicable to sellers: If the e-commerce platform imposes charges for account opening and maintenance, order processing or other services, the policy must include detailed information on the charge schedule, the method for calculating each type of service charge and the effective date. Any change shall be publicised on the platform at least 20 days before it takes effect.
Article 9. Conditions or restrictions on the provision of goods or services
1. In case an e-commerce platform with the online ordering function imposes conditions and restrictions on the provision of goods or services applicable to sellers or buyers on the platform, the e-commerce platform operator shall publicise all these conditions and restrictions.
2. The conditions and restrictions (if any) must include at least the following contents:
a/ Time restrictions: specific hours, days of the week or periods of the year during which goods or services are provided or during which their provision is restricted;
b/ Geographical restrictions: specific areas, territories or localities where goods or services are delivered, or where their provision is restricted;
c/ Restrictions on customers: conditions concerning age or specific areas of residence for access to goods or services;
d/ Quantity restrictions: maximum or minimum quantity of goods for each transaction or each customer;
dd/ Conditions on service availability: circumstances in which the provision of goods or services may be suspended or interrupted for technical reasons, maintenance or force majeure events.
Article 10. Payment policy
The payment policy of an e-commerce platform with the online ordering function must include at least the following contents:
1. Payment methods applicable to goods or services introduced on the platform, accompanied by clear and accurate explanations enabling customers to understand and select an appropriate payment method;
2. Refund methods in case of return of goods or termination of services;
3. In case an e-commerce platform establishes a mechanism for earning points, refunding points or providing incentives with redeemable value, its payment policy must publicise the method for earning and using points, the scope of application, conditions, redemption rates and limits, and the responsibilities of the parties; points may not be redeemed for cash.
Article 11. Display priority policy
1. In case an e-commerce platform uses algorithms or measures to restrict or prioritise the display of goods or services, it must publicise all principal criteria that may be used as specified in Clause 2 of this Article.
2. The principal criteria that may be used include:
a/ Relevance to search keywords (including the names and descriptions of goods or services);
b/ Payment for display;
c/ Buyers’ search and transaction history on the platform;
d/ Buyers’ ratings and feedback;
dd/ Number of successfully completed orders;
e/ Factors related to the locality, country or territory of users;
g/ Delivery and payment methods;
h/ Other principal criteria.
3. In case an e-commerce platform enables users to select or modify the principal criteria specified in Clause 2 of this Article, the e-commerce platform operator shall publicise the method for making such selection or modification.
Article 12. Regulations on livestream selling activities
In case an e-commerce platform provides the livestream selling function, it must publicise regulations on livestream selling activities, including at least the following contents:
1. Rights and obligations of parties participating in livestream selling activities;
2. Eligible persons, procedures and instructions for sales livestream hosts to conduct electronic identity authentication;
3. Conditions, processes and procedures for registration and opening of accounts for sellers and sales livestream hosts;
4. Specific cases requiring stoppage of livestreaming and removal of displayed information and affiliate links;
5. Specific processes and instructions for using the tool that enables sales livestream hosts to display warning content during livestream selling for goods and services that may pose safety risks or adversely affect the life, health or property of buyers as prescribed by law;
6. Specific processes and instructions for implementing the mechanism for receiving and settling reports, requests and complaints from viewers during and after livestream sessions.
Article 13. Delivery policy
An e-commerce platform with the online ordering function on which goods are traded must publicise the delivery policy, including at least the following contents:
1. Delivery methods and organisations providing transportation and delivery services;
2. Estimated delivery time;
3. Geographical restrictions on delivery (if any);
4. Responsibilities of organisations providing logistics services for providing order information during the delivery process;
5. Goods inspection policy (if any).
Article 14. Goods return and refund policy
An e-commerce platform with the online ordering function on which goods are traded must publicise the goods return and refund policy, including at least the following contents:
1. Conditions for goods to be returned and refunds to be made;
2. Time limit for requesting the return of goods and refunds;
3. Process for receiving and handling requests for the return of goods and refunds;
4. Methods for returning goods and making refunds;
5. Return costs to be borne by the parties.
Article 15. Policy on methods of service provision
1. In case an e-commerce platform with the online ordering function provides a service that can be used directly on the platform, it must publicise its policy on the method of service provision, including at least the following contents:
a/ Period of use of the service, compatible types of electronic devices, and number of devices permitted to be used simultaneously;
b/ Specific descriptions of how to use the service and its main features;
c/ Information on restrictions during use (if any).
2. In case an e-commerce platform with the online ordering function provides a service that is ordered first and used later, it must publicise its policy on the method of service provision, including at least the following contents:
a/ Conditions and methods for using the service at the place of provision;
b/ Period of use of the service; conditions for exchange and cancellation; and additional costs (if any).
Article 16. Service termination and refund policy
An e-commerce platform with the online ordering function that provides services on the platform must publicise its service termination policy for buyers, including at least the following contents:
1. Cases of service termination and methods for dealing with the consequences of service termination;
2. The time at which the contract ceases to be effective and the method of payment of service charges in case the buyer terminates the contract. If the time at which the contract ceases to be effective is not clearly publicised in case the buyer terminates the contract, the time at which the buyer sends the notice shall be regarded as the time of termination of the contract;
3. Procedures and time limit for responding to a buyer that submits a notice of contract termination on the e-commerce platform in case the buyer no longer wishes to use the service;
4. Method of refund upon service termination.
Chapter III
RESPONSIBILITIES OF ORGANISATIONS AND INDIVIDUALS IN E-COMMERCE ACTIVITIES
Article 17. Responsibilities of operators of e-commerce platforms
1. Operators of e-commerce platforms shall perform the responsibilities referred to in Article 15 of the Law on E-Commerce, of which certain responsibilities are specified as follows:
a/ To fully, accurately and clearly publicise the contents specified in Chapter II of this Decree, or provide links through which such contents may be viewed in detail, in a clearly distinguishable manner at a position on the main screen of the e-commerce platform;
b/ To make periodical online reports through the E-Commerce Activity Management System in accordance with Clause 1, Article 22 of this Decree, or provide information at the request of competent state agencies;
c/ To take measures to examine, review, remove and promptly handle information on goods or services infringing intellectual property rights, and goods or services related to unlawful business activities, within 24 hours after receiving such a request from a competent state agency;
d/ To update keywords as recommended by competent state agencies and filter information based on such keywords before information on goods or services is displayed on the e-commerce platform;
dd/ To maintain and use the account through which administrative procedures have been carried out in the E-Commerce Activity Management System to receive and respond to information for the settlement of complaints, reports and disputes relating to the e-commerce platform;
e/ To coordinate with intellectual property rights holders in reviewing, temporarily removing, or blocking access to, information on goods or services showing signs of infringement of intellectual property rights, in accordance with the methods for receiving and settling reports, requests and complaints publicised on the platform pursuant to Article 7 of this Decree.
2. Operators of e-commerce platforms with the online ordering function shall perform the responsibilities specified in Clause 1 of this Article and Article 12 of the Law on E-Commerce. For an e-commerce platform integrated with an automated information system for concluding electronic contracts, its operator shall perform the responsibilities specified in Clause 1 of this Article and Article 13 of the Law on E-Commerce.
3. Operators of intermediary e-commerce platforms with the online ordering function that are large digital platforms, and operators of social media platforms conducting e-commerce activities with the online ordering function that are large digital platforms as prescribed by the law on protection of consumer interests, shall perform the responsibilities specified in Clause 2 of this Article and the online reporting responsibilities specified in Clauses 2 and 3, Article 22 of this Decree.
Article 18. Responsibilities of operators of intermediary e-commerce platforms
1. Operators of intermediary e-commerce platforms shall perform the responsibilities referred to in Article 17 of the Law on E-Commerce, of which certain responsibilities are specified as follows:
a/ To conduct electronic identity authentication of domestic sellers based on the following information:
Full name; date of birth; and personal identification number, for domestic individuals;
Name of the organisation; address of its head office; identification number of the organisation; and full name, date of birth and personal identification number of its legal representative, for domestic organisations;
b/ To authenticate foreign sellers through the following lawful documents:
Name, passport number, and name of the country or territory stated in the individual’s passport, or other equivalent documents issued by a competent foreign authority and remaining valid for at least 6 months from the date of approval, for foreign individuals;
Name of the organisation, address of its head office, and name of the country or territory stated in its enterprise registration certificate or other equivalent documents issued by a competent foreign authority; and name and passport number of its legal representative, or other equivalent documents issued by a competent foreign authority and remaining valid for at least 6 months from the date of approval, for foreign organisations;
c/ To publicise the name and business location of an enterprise or a business household in accordance with the information registered with the business registration agency; name and head office address of an organisation; or name and residential address of an individual. Such information shall be transliterated into Vietnamese or expressed in Latin characters;
d/ To moderate seller-created information on goods and services before allowing such information to be displayed on the platform, ensuring that the information does not relate to sectors or trades banned from business investment, or goods or services suspended from circulation as announced by competent state agencies; or to update keywords at the request of competent state agencies;
dd/ To ensure access to information and data on goods and services that has been posted from sellers’ accounts for at least 1 year from the time of posting.
2. Operators of intermediary e-commerce platforms with the online ordering function shall perform the responsibilities referred to in Clause 2, Article 17 of the Law on E-Commerce, of which certain responsibilities are specified as follows:
a/ The responsibilities specified in Clause 1 of this Article;
b/ To take back goods in case goods supplied by sellers do not conform to the contents notified, publicised, listed, advertised, introduced, concluded or committed to on the platform, and to carry out goods return and refunds in accordance with the policy publicised on the platform pursuant to Article 14 of this Decree;
c/ To fully publicise information on the recall of defective goods on the platform immediately upon receiving information from sellers or competent state agencies, and to maintain such information in an easily visible position for 10 consecutive days; to publicise the contact information of the focal point for receiving returned goods; to directly notify buyers of such goods on the platform through their accounts or through another appropriate contact channel registered by the buyers on the platform;
d/ To provide necessary information to support parties participating in transactions on the platform in accordance with the methods for receiving and settling reports, requests and complaints publicised pursuant to Article 7 of this Decree; to provide competent state agencies with information on acts showing signs of violation of law or violations of law, through a designated focal point and through the E-Commerce Activity Management System, within 24 hours after receiving a request, for the purposes of inspection, examination, and handling of violations;
dd/ To provide tools enabling sellers to access their accounts to download data on goods and services posted within 1 year from the time of posting and data on concluded contracts within 3 years from the time of contract conclusion, except cases in which sellers voluntarily delete their accounts. In case a seller’s account is suspended or terminated, the platform operator shall ensure that the seller can access the account, or use another method, to download data on previously concluded contracts for at least 3 years from the time the account is suspended or terminated;
e/ To suspend or terminate a seller’s account within 24 hours after receiving a request from a competent state agency.
3. Operators of intermediary e-commerce platforms with the online ordering function that are large digital platforms as prescribed by the law on protection of consumer interests shall perform the responsibilities referred to in Clause 3, Article 17 of the Law on E-Commerce, of which certain responsibilities are specified as follows:
a/ The responsibilities specified in Clause 2 of this Article;
b/ To have an online system on the platform for receiving and settling reports, requests and complaints in accordance with Clause 4 of this Article;
c/ To have a system for automatically reviewing, giving warnings against and removing information on violating goods and services; to take measures to prevent repeated violations, including violations of the operating conditions and transaction conditions of the e-commerce platform that have been handled by the e-commerce platform but are subsequently repeated;
d/ In case the platform cooperates with organisations providing payment services, intermediary payment services or logistics services, the platform operator shall publicise information on such organisations on the platform; display the full name or abbreviated name stated in the enterprise registration certificate, or the trade name, of organisations satisfying the criteria for providing payment services, intermediary payment services or logistics services in relation to specific goods or services, in accordance with cooperation agreements between the parties; and enable buyers to choose organisations providing payment services, intermediary payment services or logistics services.
4. The online system for receiving and settling reports, requests and complaints on the platform must satisfy the requirements referred to in Clause 4, Article 17 of the Law on E-Commerce, of which certain requirements are specified as follows:
a/ To have a clear and publicised process and an easily accessible, user-friendly interface that enables users to submit reports, requests and complaints, together with preliminary evidence, and to monitor the progress of their settlement;
b/ Upon receiving a report, request or complaint, the system must promptly process it in accordance with the methods for receiving and settling reports, requests and complaints publicised on the platform pursuant to Article 7 of this Decree;
c/ In case a seller proves that it has not violated an agreement or relevant regulations and that the matter resulted from an error in the online system for receiving and settling reports, requests and complaints on the platform, the platform operator shall take remedial measures for the seller and make appropriate adjustments to the system;
d/ In case an automated mechanism is used to operate the online system for receiving and settling reports, requests and complaints, the operating process of such automated mechanism shall be reviewed by humans before being put into use. During its operation, the automated mechanism shall be inspected, assessed and adjusted when necessary. In case a user disagrees with the outcome generated by the automated mechanism, the report, request or complaint shall be referred to humans for review and final decision.
Article 19. Responsibilities of operators of social media platforms conducting e-commerce activities
1. The operator of a social media platform conducting e-commerce activities has the responsibilities specified in Clause 1, Article 18 of the Law on E-Commerce, with a number of contents implemented specifically as follows:
a/ The responsibilities specified in Article 17 of this Decree;
b/ Making public identification signs of seller accounts, which shall be displayed clearly, visibly and without causing confusion with other user accounts.
2. The operator of a social media platform conducting e-commerce activities in which the online communication function is integrated with a tool for notifying confirmation of contract conclusion has the responsibilities specified in Clause 2, Article 18 of the Law on E-Commerce, with a number of contents implemented specifically as follows:
a/ The responsibilities specified in Clause 1, Article 18 of this Decree and Clause 1 of this Article;
b/ Requesting organisations and individuals to select and use seller account information when using the online communication function integrated with a tool for notifying confirmation of contract conclusion on the platform.
3. The operator of a social media platform conducting e-commerce activities with the livestream selling function or online ordering function has the responsibilities specified in Clause 3, Article 18 of the Law on E-Commerce, with a number of contents implemented specifically as follows:
a/ The responsibilities specified in Clause 2, Article 18 of this Decree and Clause 1 of this Article;
b/ Requesting organisations and individuals to select and use seller account information when using the online ordering function.
4. The operator of a social media platform conducting e-commerce activities with the livestream selling function or online ordering function that is a large digital platform as prescribed by the law on protection of consumer interests has the responsibilities specified in Clause 3 of this Article, Clause 3, Article 18, of this Decree, and Clause 4, Article 18 of the Law on E-Commerce.
Article 20. Responsibilities of operators of e-commerce integration platforms
1. The operator of an e-commerce integration platform has the responsibilities specified in Clause 1, Article 19 of the Law on E-Commerce, with a number of contents implemented specifically as follows:
a/ The responsibilities specified in Article 17 of this Decree;
b/ Clearly notifying users of the names of integrated platforms; the rights and obligations of the parties; and methods for receiving and settling reports, requests and complaints in a visible position or through an accessible link to such contents; having a mechanism enabling users to express consent before each access to integrated platforms; and allowing such contents to be accessed and reviewed from user accounts;
c/ Having tools that enable integrated platforms to access and use data created by such platforms on the e-commerce integration platform under an electronic contract between the two parties, which shall be certified by a licensed organisation providing electronic contract authentication services;
d/ Removing, upon receiving a request from competent state agencies, integrated platforms that commit violations of law or show signs of violation of law, within 24 hours after receiving such request.
dd/ Updating the list of integrated e-commerce platforms on the E-Commerce Activity Management System immediately upon any change.
2. The operator of an e-commerce integration platform that is a large digital platform as prescribed by the law on protection of consumer interests has the responsibilities specified in Clause 2, Article 19 of the Law on E-Commerce and Clause 1 of this Article.
Article 21. Responsibilities of entities engaged in e-commerce activities for preventing, removing information, suspending or terminating the provision of services related to violations of law
1. In case of detecting a technical error related to authorisation or data access, control or use between parties, the operator of an integrated e-commerce platform shall notify thereof to the e-commerce integration platform for the latter to rectify the error within 24 hours from the time of detection.
2. Organisations providing technical infrastructure services in support of e-commerce specified in Article 33 of the Law on E-Commerce shall prevent acts of violation within 24 hours after receiving a request from competent state agencies.
3. Organisations providing logistics services in support of e-commerce specified in Article 34 of the Law on E-Commerce shall suspend the provision of services within 24 hours after receiving a request from competent state agencies.
4. Organisations providing payment services and payment intermediary services specified in Article 35 of the Law on E-Commerce shall remove platforms showing signs of violation of law or violating law within 24 hours after receiving a request from competent state agencies.
5. Authorised legal persons in Vietnam specified in Article 30 of the Law on E-Commerce shall remove information on violating goods and services within 24 hours after receiving a request from competent state agencies.
Article 22. Online reporting
1. Before February 15 every year, operators of e-commerce platforms shall submit online, through the E-Commerce Activity Management System, reports on results of e-commerce activities of the previous year, made according to Form No. 08, 09, 10 or 11 provided in Appendix II to this Decree, depending on their operating model.
2. Before the 15th of every month, operators of intermediary e-commerce platforms with the online ordering function that are large digital platforms, and social media platforms conducting e-commerce activities with the online ordering function that are large digital platforms as prescribed by the law on protection of consumer interests, shall submit online, through the E-Commerce Activity Management System, reports on e-commerce activities of the previous month, made according to Form No. 12 provided in Appendix II to this Decree.
3. Operators of intermediary e-commerce platforms with the online ordering function that are large digital platforms, and social media platforms conducting e-commerce activities with the online ordering function that are large digital platforms as prescribed by the law on protection of consumer interests, shall submit online, through the E-Commerce Activity Management System, reports on removal of information, made according to Form No. 13 provided in Appendix II to this Decree, within 48 hours after receiving a request from competent state agencies.
4. The organisations specified in Clauses 2, 3, 4 and 5, Article 21 of this Decree shall submit online, through the E-Commerce Activity Management System, reports on prevention and removal of information and suspension of the provision of services within 48 hours after receiving a request from competent state agencies.
5. Before the 15th of every month, organisations providing electronic contract authentication services in commerce shall submit online, through the E-Commerce Activity Management System, reports on provision of electronic contract authentication services in commerce in the previous month, made according to Form No. 14 provided in Appendix II to this Decree.
6. Before the 15th of the first month of every quarter, organisations providing logistics services in support of e-commerce shall submit online, through the E-Commerce Activity Management System, reports on the transportation and delivery in e-commerce in Vietnam in the previous quarter, made according to Form No. 15 provided in Appendix II to this Decree.
7. To encourage the organisations specified in this Article to build, operate and maintain information systems and databases on their activities to connect and share data through application programming interfaces (APIs); data connection and sharing shall be conducted under the guidance of the Minister of Industry and Trade, ensuring information security and data protection.
Chapter IV
MANAGEMENT AND OPERATION OF E-COMMERCE PLATFORMS
Section 1
MANAGEMENT AND OPERATION OF DIRECT-SELLING E-COMMERCE PLATFORMS
Article 23. Direct-selling e-commerce platforms with the online ordering function
1. Operators of direct-selling e-commerce platforms with the online ordering function shall obtain confirmation of notification of operation prior to operating the platforms.
2. Dossiers for notification, modification or supplementation of notification and termination of notification of operation of direct-selling e-commerce platforms with the online ordering function must comply with Article 24 of this Decree.
3. The operator of a direct-selling e-commerce platform with the online ordering function shall carry out procedures for modification or supplementation of notification of operation within 20 working days from the date of occurrence of a change in one of the following contents:
a/ The name of the platform (domain name of the website or name of the application);
b/ The person responsible for managing and operating the platform;
c/ Information on the enterprise registration certificate (for enterprises), establishment decision (for organisations) or business household registration certificate;
d/ Disclosed information on conditions for operating and conducting transactions in the platform.
4. The operator of a direct-selling e-commerce platform with the online ordering function shall carry out procedures for termination of notification in the following cases:
a/ The platform operator so proposes;
b/ The platform ceases operation or is transferred to another organisation or individual;
c/ The platform operator's tax identification number changes.
5. A concerned state management agency shall terminate the notification of operation of a direct-selling e-commerce platform with the online ordering function in the following cases:
a/ The e-commerce platform fails to respond though 30 days have passed from the time the state management agency sends a request through the E-Commerce Activity Management System for management and supervision of e-commerce activities;
b/ The platform operator commits a violation of law that is subject to termination of operation of the e-commerce platform as prescribed by the law on handling of administrative violations.
Article 24. Dossiers for notification, modification or supplementation and termination of notification of operation of direct-selling e-commerce platforms with the online ordering function
1. A dossier for notification of operation of a direct-selling e-commerce platform with the online ordering function must comprise:
a/ A declaration form, made according to Form No. 01 provided in Appendix II to this Decree;
b/ Copies of licences, certificates, letters of confirmation or approvals from competent agencies or other similar documents, if trading in goods or services on the List of sectors and trades subject to conditional business investment prescribed by the law on investment.
The above-mentioned papers and documents are not required if they are legally valid electronic data that can be accessible through interconnection and sharing between the Information System for Administrative Procedure Settlement and national databases, specialised databases, shared-use information systems or the National Public Service Portal.
2. A dossier for modification or supplementation of notification of operation of a direct-selling e-commerce platform with the online ordering function must comprise:
a/ A declaration form, made according to Form No. 01 provided in Appendix II to this Decree;
b/ Documents proving the modified or supplemented contents (if any).
3. A dossier for termination of notification of operation of a direct-selling e-commerce platform with the online ordering function must comprise:
a/ A declaration form, made according to Form No. 01 provided in Appendix II to this Decree;
b/ Documents proving the reasons for termination (if any).
4. The procedures for notification, modification or supplementation and termination of notification of operation of direct-selling e-commerce platforms with the online ordering function must comply with Section I of Appendix I to this Decree.
5. Provincial-level People’s Committees shall confirm notification, confirm modification or supplementation of notification and terminate notification of operation of direct-selling e-commerce platforms with the online ordering function.
Section 2
MANAGEMENT AND OPERATION OF INTERMEDIARY E-COMMERCE PLATFORMS, SOCIAL MEDIA PLATFORMS CONDUCTING E-COMMERCE ACTIVITIES AND E-COMMERCE INTEGRATION PLATFORMS
Article 25. Intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms
1. Operators of intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms may operate their platforms only when satisfying the conditions for management and operation of e-commerce platforms and after receiving registration confirmations from the Ministry of Industry and Trade.
2. Dossiers for registration, modification or supplementation of registration and termination of registration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms must comply with Articles 27, 28 and 29 of this Decree.
3. The operator of an intermediary e-commerce platform, a social media platform conducting e-commerce activities or an e-commerce integration platform shall carry out procedures for modification or supplementation of registration within 20 working days from the date of occurrence of a change in one of the following contents:
a/ The name of the platform (domain name of the website or name of the application);
b/ The person responsible for managing and operating the platform;
c/ The enterprise registration certificate (for enterprises) or establishment decision (for organisations);
d/ The operating model of the platform;
dd/ Publicised contents regarding conditions for operating or conducting transactions in the platform;
e/ Terms of the service provision contract;
g/ Change or addition of services provided on the platform.
4. The operator of an intermediary e-commerce platform, a social media platform conducting e-commerce activities or an e-commerce integration platform shall carry out procedures for termination of registration in the following cases:
a/ The platform operator so proposes;
b/ The platform ceases operation or is transferred to another organisation;
c/ The platform operator's tax identification number changes.
5. A concerned state management agency shall terminate the registration of an intermediary e-commerce platform, a social media platform conducting e-commerce activities or an e-commerce integration platform in the following cases:
a/ The e-commerce platform fails to respond though 30 days have passed from the time the state management agency sends a request through the E-Commerce Activity Management System for management and supervision of e-commerce activities;
b/ The platform operator commits a violation of law that is subject to termination of operation of the platform as prescribed by the law on handling of administrative violations.
Article 26. Conditions for management and operation of intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms
1. Conditions for management and operation of intermediary e-commerce platforms without the online ordering function, social media platforms conducting e-commerce activities without the online ordering function and e-commerce integration platforms:
a/ Having specialised personnel in charge of managing e-commerce activities;
b/ Having a scheme on e-commerce activities as specified in Article 30 of this Decree.
2. Conditions for management and operation of intermediary e-commerce platforms with the online ordering or livestream selling function and social media platforms conducting e-commerce activities with the online ordering function or livestream selling function:
a/ Satisfying the conditions for management and operation of e-commerce platforms specified in Clause 1 of this Article;
b/ In case the operator of an e-commerce platform holds sellers’ money arising from transactions on the platform, the platform must establish a mechanism for managing the holding of money and reconciliation of payments as well as payments and withdrawals of sellers. These contents shall be provided in electronic contracts between the platform operator and sellers, ensuring that electronic contracts have evidentiary value in accordance with law.
Article 27. Dossiers for registration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms
1. A dossier for registration of an intermediary e-commerce platform, a social media platform conducting e-commerce activities or an e-commerce integration platform must comprise:
a/ A declaration form, made according to Form No. 02 provided in Appendix II to this Decree;
b/ Copies of licences, certificates, letters of confirmations or approvals from competent agencies or other similar documents if trading in goods or services on the List of sectors and trades subject to conditional business investment as prescribed in the law on investment.
The above-mentioned papers and documents are not required if they are legally valid electronic data that can be accessible through interconnection and sharing between the Information System for Administrative Procedure Settlement and national databases, specialised databases, shared-use information systems or the National Public Service Portal.
c/ A scheme on e-commerce activities specified in Article 30 of this Decree, made according to Form No. 05 provided in Appendix II to this Decree;
d/ A regulation on livestream selling in case the platform conducts livestream selling activities;
dd/ The sample contract or agreement between sellers and the platform operator.
2. The procedures for registration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms must comply with Section II of Appendix I to this Decree.
3. The Ministry of Industry and Trade shall confirm the registration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms.
Article 28. Dossiers for modification and supplementation of registration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms
1. A dossier for modification and supplementation of registration of an intermediary e-commerce platform, a social media platform conducting e-commerce activities or an e-commerce integration platform must comprise:
a/ A declaration form, made according to Form No. 02 provided in Appendix II to this Decree;
b/ Documents proving the modified or supplemented contents (if any).
2. The procedures for modification and supplementation of registration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms must comply with Section II of Appendix I to this Decree.
3. The Ministry of Industry and Trade shall confirm the modification and supplementation of registration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms.
Article 29. Dossiers of request for deregistration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms
1. A dossier of request for the deregistration of an intermediary e-commerce platform, a social media platform conducting e-commerce activities or an e-commerce integration platform must comprise:
a/ A declaration form, made according to Form No. 02 provided in Appendix II to this Decree;
b/ Documents proving the reasons for deregistration (if any).
2. The procedures for deregistration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms must comply with Section II of Appendix I to this Decree.
3. The Ministry of Industry and Trade shall confirm the deregistration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms.
Article 30. Contents of schemes on e-commerce activities of intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms
1. The scheme on e-commerce activities of an intermediary e-commerce platform, a social media platform conducting e-commerce activities or an e-commerce integration platform must have at least the following contents:
a/ General information on the unit managing and operating the platform, including its name, investment form, head office address, legal representative, contact method and the operation scope of the platform;
b/ Descriptions of the operating model of the platform, including main functions, key features and basic operational workflows of the platform; online ordering function; livestream selling function (if any); automated information system for concluding electronic contracts; online communication function integrated with a tool for notifying confirmation of contract conclusion or other tools supporting contract conclusion; procedures for receiving and processing reports, requests and complaints from organisations and individuals; workflows for detecting and handling violations on the platform and mechanisms for coordination with competent state agencies upon request;
c/ Descriptions of contents and plans on organisation of the implementation of regulations on operation of the platform, including operating conditions applied on the platform, decentralisation of rights and responsibilities between the platform operator and users of the services provided on the platform; regulations on livestream selling in case the platform conducts livestream selling activities.
2. For large digital platforms, the scheme on e-commerce activities must have the contents specified in Clause 1 of this Article; descriptions of operational workflows of the online system for receiving and settling reports, requests and complaints; measures for automated reviewing, warning, and removing information on violating goods and services and measures to prevent recidivism on the platform.
Chapter V
E-COMMERCE INVOLVING FOREIGN ELEMENTS
Section 1
MANAGEMENT AND OPERATION OF FOREIGN E-COMMERCE PLATFORMS
Article 31. Foreign direct-selling e-commerce platforms with the online ordering function conducting e-commerce activities in Vietnam
1. A foreign direct-selling e-commerce platform with the online ordering function conducting e-commerce activities in Vietnam shall make registration with the Ministry of Industry and Trade in either of the following cases:
a/ Having a mechanism enabling Vietnamese to be selected as the display language on the platform, or using the Vietnam national domain name “.vn”. The platform operator shall obtain confirmation of the registration before operating the platform in Vietnam;
b/ Reaching 100,000 or more turns of transactions with buyers in Vietnam within 1 year, counting from January 1 of a calendar year. The platform operator shall make registration within 60 days after the threshold is reached. The number of turns of transactions with buyers in Vietnam on the platform shall be determined on the basis of data published by the platform operator or data determined by a competent state agency.
2. A dossier for registration of a foreign direct-selling e-commerce platform with the online ordering function conducting e-commerce activities in Vietnam must comply with Article 33 of this Decree.
3. The operator of a foreign direct-selling e-commerce platform with the online ordering function conducting e-commerce activities in Vietnam shall carry out procedures for modification or supplementation of the dossier with confirmed registration within 20 working days from the date of occurrence of:
a/ A change in the name of the platform (website domain name or application name);
b/ The replacement of the person responsible for managing and operating the platform;
c/ The replacement of the legal person authorised in Vietnam;
d/ A change in the information in the enterprise registration certificate or another equivalent document issued by a competent foreign authority; or,
dd/ A change in disclosed information on conditions on operation or conditions on transactions on the platform.
4. The operator of a foreign direct-selling e-commerce platform with the online ordering function conducting e-commerce activities in Vietnam shall carry out procedures for deregistration in the following cases:
a/ If the platform operator so proposes;
b/ The platform ceases its operation or is transferred to another organisation or individual;
c/ The platform operator’s tax identification number is changed.
2. The state management agency shall deregister a foreign direct-selling e-commerce platform with the online ordering function conducting e-commerce activities in Vietnam in the following cases:
a/ The platform fails to respond though 30 days have passed from the date on which the state management agency sends a request through the E-Commerce Activity Management System for the purposes of management and supervision of e-commerce activities;
b/ The platform operator commits a violation of law that is subject to termination of operation of the platform in accordance with the law on handling of administrative violations.
Article 32. Foreign intermediary e-commerce platforms, foreign social media platforms conducting e-commerce activities, and foreign e-commerce integration platforms conducting e-commerce activities in Vietnam
1. A foreign intermediary e-commerce platform, a foreign social media platform conducting e-commerce activities, or a foreign e-commerce integration platform conducting e-commerce activities in Vietnam shall make registration with the Ministry of Industry and Trade in either of the following cases:
a/ Having a mechanism enabling Vietnamese to be selected as the display language on the platform, or using the Vietnam national domain name “.vn”. The platform operator shall obtain confirmation of registration before operating the platform in Vietnam and must satisfy the conditions on management and operation of an e-commerce platform as specified in Clause 1 or 2, Article 34 of this Decree as relevant to the platform’s operation model;
b/ Reaching 100,000 or more turns of transactions with buyers in Vietnam within 1 year, counting from January 1 of a calendar year. The platform operator shall make registration within 60 days after the threshold is reached and must satisfy the conditions on management and operation of an e-commerce platform specified in Clause 1 or 2, Article 34 of this Decree as relevant to the platform’s operation model. The number of turns of transactions with buyers in Vietnam on the platform shall be determined on the basis of data published by the platform operator or data determined by a competent state agency.
2. The operator of a foreign intermediary e-commerce platform, foreign social media platform conducting e-commerce activities, or foreign e-commerce integration platform conducting e-commerce activities in Vietnam shall carry out procedures for modification or supplementation of the dossier with confirmed registration within 20 working days from the date of occurrence of:
a/ A change in the name of the platform (website domain name or application name);
b/ The replacement of the person responsible for managing and operating the platform;
c/ The replacement of the designated legal person as authorised;
d/ A change in the information in the enterprise registration certificate or another equivalent document issued by a competent foreign authority;
dd/ A change in the operation model of the platform;
e/ A change in disclosed information concerning the conditions on operation or conditions on transactions on the platform;
g/ A change in the terms of the service provision contract; or,
h/ A change in, or an addition to, the services provided on the platform.
3. The operator of a foreign intermediary e-commerce platform, foreign social media platform conducting e-commerce activities, or foreign e-commerce integration platform conducting e-commerce activities in Vietnam shall carry out procedures for deregistration in the following cases:
a/ If the platform operator so proposes;
b/ The platform ceases operation or is transferred to another organisation;
c/ The platform operator’s tax identification number is changed.
4. The state management agency shall deregister a foreign intermediary e-commerce platform, a foreign social media platform conducting e-commerce activities, or a foreign e-commerce integration platform conducting e-commerce activities in Vietnam in the following cases:
a/ The platform fails to respond though 30 days have passed from the date on which the state management agency sends a request through the E-Commerce Activity Management System for the purposes of management and supervision of e-commerce activities;
b/ The platform operator commits a violation of law that is subject to termination of operation of the platform in accordance with the law on handling of administrative violations
Article 33. Dossiers for registration, modification or supplementation of registration, and deregistration of foreign direct-selling e-commerce platforms with the online ordering function conducting e-commerce activities in Vietnam
1. A dossier for registration of a foreign direct-selling e-commerce platform with the online ordering function must comprise:
a/ A declaration form, made according to Form No. 02 provided in Appendix II to this Decree;
b/ A copy of the licence, certificate, letter of confirmation or written approval issued by a competent agency, or a similar document, in case of trading in goods or services on the List of sectors and trades subject to conditional business investment in accordance with the law on investment.
The above papers and documents are not required if they are available in electronic form, have legal validity, and can be accessed through connection and sharing between the Information System for Administrative Procedure Settlement and national databases, specialised databases, shared information systems and the National Public Service Portal;
c/ A document designating a legal person in Vietnam as authorised by the platform operator.
2. A dossier for modification or supplementation of the registration of a foreign direct-selling e-commerce platform with the online ordering function must comprise:
a/ A declaration form, made according to Form No. 02 provided in Appendix II to this Decree;
b/ Documents evidencing the contents to be modified or supplemented (if any).
3. A dossier for deregistration of a foreign direct-selling e-commerce platform with the online ordering function must comprise:
a/ A declaration form, made according to Form No. 02 provided in Appendix II to this Decree;
b/ Documents evidencing the reason for deregistration (if any).
4. Procedures for registration, modification or supplementation of registration, and deregistration of foreign direct-selling e-commerce platforms with the online ordering function must comply with Section II of Appendix I to this Decree.
5. The Ministry of Industry and Trade shall confirm the registration, confirm the modification or supplementation of registration, and confirm the deregistration of foreign direct-selling e-commerce platforms with the online ordering function.
Article 34. Conditions on management and operation of foreign intermediary e-commerce platforms, foreign social media platform conducting e-commerce activities, and foreign e-commerce integration platforms conducting e-commerce activities in Vietnam
1. Conditions on management and operation of a foreign intermediary e-commerce platform without the online ordering function or a foreign social media platform conducting e-commerce activities without the online ordering function conducting e-commerce activities in Vietnam:
a/ The platform has an e-commerce operation scheme as specified in Article 30 of this Decree;
b/ The platform's authorised representative in Vietnam as defined in Clause 3, Article 27 of the Law on E-Commerce is an individual residing in Vietnam or a legal person established under Vietnam’s law.
2. Conditions on management and operation of a foreign e-commerce integration platform, a foreign intermediary e-commerce platform with the online ordering function, or a foreign social media platform conducting e-commerce activities with the online ordering function conducting e-commerce activities in Vietnam as referred to in Clause 5, Article 27 of the Law on E-Commerce:
a/ The conditions specified in Clause 2, Article 26 of this Decree;
b/ The platform makes a security deposit not lower than VND 20 billion at a commercial bank or foreign bank branch in Vietnam; such security deposit shall be maintained throughout the operation period of the platform in Vietnam;
c/ The person responsible for e-commerce activities of the legal person designated in Vietnam under Point a, Clause 5, Article 27 of the Law on E-Commerce is an individual residing in Vietnam.
Article 35. Dossiers for registration, modification or supplementation of registration, and deregistration of foreign intermediary e-commerce platforms, foreign social media platforms conducting e-commerce activities, and foreign e-commerce integration platforms conducting e-commerce activities in Vietnam
1. A dossier for registration of a foreign intermediary e-commerce platform, a foreign social media platform conducting e-commerce activities, or a foreign e-commerce integration platform conducting e-commerce activities in Vietnam must comprise:
a/ A declaration form, made according to Form No. 02 provided in Appendix II to this Decree;
b/ The dossier components specified in Points b, c, d and dd, Clause 1, Article 27 of this Decree;
c/ A letter of authorisation for an individual or a legal person in Vietnam to act as the representative of the operator of a foreign intermediary e-commerce platform without the online ordering function or a foreign social media platform conducting e-commerce activities without the online ordering function; or a letter of authorisation for a legal person in Vietnam to act as the representative of the operator of a foreign intermediary e-commerce platform with the online ordering function, a foreign social media platform conducting e-commerce activities with the online ordering function, or a foreign e-commerce integration platform. The letter of authorisation must clearly state the scope of authorisation and ensure that the authorised party is able to fully perform the responsibilities of the authorising party;
d/ A document evidencing the satisfaction of the condition on making of security deposit at a commercial bank or foreign bank branch in Vietnam.
2. A dossier for modification or supplementation of the registration of a foreign intermediary e-commerce platform, a foreign social media platform conducting e-commerce activities, or a foreign e-commerce integration platform conducting e-commerce activities in Vietnam must comprise:
a/ A declaration form, made according to Form No. 02 provided in Appendix II to this Decree;
b/ Documents evidencing the contents to be modified or supplemented (if any).
3. A dossier for deregistration of a foreign intermediary e-commerce platform, a foreign social media platform conducting e-commerce activities or a foreign e-commerce integration platform conducting e-commerce activities in Vietnam must comprise:
a/ A declaration form, made according to Form No. 02 provided in Appendix II to this Decree;
b/ Documents evidencing the reason for the termination (if any).
4. Procedures for registration, modification or supplementation of registration, and deregistration of foreign intermediary e-commerce platforms, foreign social media platforms conducting e-commerce activities, and foreign e-commerce integration platforms conducting e-commerce activities in Vietnam must comply with Section II of Appendix I to this Decree.
5. The Ministry of Industry and Trade shall confirm the registration, confirm the modification or supplementation of registration, and confirm the deregistration of foreign intermediary e-commerce platforms, foreign social media platforms conducting e-commerce activities and foreign e-commerce integration platforms conducting e-commerce activities in Vietnam.
Section 2
MAKING OF SECURITY DEPOSITS FOR E-COMMERCE ACTIVITIES IN VIET NAM BY FOREIGN E-COMMERCE PLATFORMS
Article 36. Security deposits
1. Security deposit is a money amount deposited at a commercial bank or foreign bank branch in Vietnam to secure the performance of the obligations of the operator of a foreign intermediary e-commerce platform with the online ordering function, a foreign social media platform conducting e-commerce activities with the online ordering function, or a foreign e-commerce integration platform conducting e-commerce activities in Vietnam as specified in Clause 5, Article 27 of the Law on E-Commerce.
2. Commercial banks or foreign bank branches in Vietnam shall coordinate with the Ministry of Industry and Trade in providing written certification of matters relating to letters of confirmation of security deposit making upon request.
3. In case there is a change in the information in the letter of confirmation of security deposit making, the platform operator shall register the modification of such letter of confirmation with the commercial bank or foreign bank branch in Vietnam within 20 working days from the date of occurrence of the change.
4. The security deposit amount shall remain blocked throughout the operation period of the platform and may only be withdrawn or used when the Ministry of Industry and Trade issues a written approval of the withdrawal. The deposit may only be used to secure the performance of the obligations:
a/ To pay compensation for damage to consumers in Vietnam under a legally effective court judgment or decision or a legally effective arbitral award;
b/ To abide by decisions on sanctioning of administrative violations in e-commerce activities;
c/ To fulfil tax obligations towards the State of Vietnam.
5. The commercial bank or foreign bank branch in Vietnam where the platform operator makes a security deposit shall manage the security deposit amount in accordance with law.
6. The platform operator making the security deposit is entitled to interest on the security deposit amount at the rate agreed with the commercial bank or foreign bank branch in Vietnam and may withdraw such interest.
Article 37. Withdrawal of security deposits
The operator of a foreign e-commerce integration platform, a foreign intermediary e-commerce platform with the online ordering function, or a foreign social media platform conducting e-commerce activities with the online ordering function conducting e-commerce activities in Vietnam as specified in Clause 5, Article 27 of the Law on E-Commerce may withdraw the security deposit upon obtaining the Ministry of Industry and Trade’s confirmation in one of the following cases, stating that:
1. The platform operator has deposited an amount of at least VND 20 billion at another commercial bank or foreign bank branch in Vietnam;
2. The platform operator’s dossier for registration of e-commerce platform has been rejected;
3. The platform operator has deregistered the platform and has fulfilled all obligations specified in Clause 4, Article 36 of this Decree.
Article 38. Dossiers for security deposit withdrawal
1. A dossier for security deposit withdrawal must comprise:
a/ An application for security deposit withdrawal, made according to Form No. 04 provided in Appendix II to this Decree;
b/ A letter of confirmation of security deposit making, issued by the commercial bank or foreign bank branch in Vietnam where the platform operator makes the security deposit;
c/ Documents evidencing the completion of the payment of compensation for damage to consumers and fulfilment of financial obligations towards the State (if any).
2. Procedures for security deposit withdrawal must comply with Section IV of Appendix I to this Decree.
3. The commercial bank or foreign bank branch in Vietnam where the security deposit account is opened may only release the blocked security deposit account after receiving written approval from the Ministry of Industry and Trade.
Article 39. Handling of paid security deposit amounts
1. Deduction from the security deposit account shall be made when the platform operator has made the deregistration but has yet to fully perform the obligations specified in Clause 4, Article 36 of this Decree, or in case the platform operator keeps the platform in operation but fails to execute a court judgment or an administrative sanctioning decision of a competent state agency upon the expiry of the period for voluntary execution.
2. Procedures for deduction of security deposits must comply with Section V of Appendix I to this Decree.
3. Obligation to make additional security deposits:
a/ In case deduction is made from a security deposit amount for payment into the state budget, making the account balance fall below the minimum amount of VND 20 billion, the platform operator shall make an additional security deposit within 30 days after the deduction is made;
b/ If, past the time limit specified in Point a of this Clause, the platform operator fails to make an additional security deposit as required, the Ministry of Industry and Trade shall carry out the procedures for deregistration of e-commerce activities of such platform.
Section 3
MARKET ACCESS CONDITIONS FOR FOREIGN INVESTORS IN THE FIELD OF E-COMMERCE
Article 40. Market access conditions for foreign investors in the field of e-commerce
1. Market access conditions for foreign investors in the management and operation of intermediary e-commerce platforms, social media platforms conducting e-commerce activities and e-commerce integration platforms:
a/ The form of investment is establishment of economic organisations, or contribution of capital, purchase of shares or purchase of capital contributions in accordance with the Law on Investment;
b/ For the foreign investor controlling an organisation that is the operator of an intermediary e-commerce platform, a social media platform conducting e-commerce activities, or an e-commerce integration platform as a large digital platform under the law on consumer rights protection, it is required to obtain appraisal opinions of the Ministry of Public Security concerning national security.
2. A foreign investor shall be deemed controlling an organisation that is the operator of an intermediary e-commerce platform, a social media platform conducting e-commerce activities, or an e-commerce integration platform as specified in Point b, Clause 1 of this Article when falling into one of the following cases:
a/ The foreign investor holds the ownership of over 50% of charter capital or over 50% of voting shares of the organisation;
b/ The foreign investor directly or indirectly decides on the appointment, relief from duty or removal from office of a majority or all of members of the Board of Directors, the Chairperson of the Members’ Council, or the Chief Executive Officer of the organisation;
c/ The foreign investor has the right to decide on important matters relating to business operations of the organisation, including selection of the technology platform and form of business organisation; selection of sectors, trades, geographical areas and forms of business; adjustment of business scale and lines; and selection of forms and methods of raising, allocating and using business capital of the organisation.
3. In the course of considering an application for the issuance or modification of the business licence of the e-commerce platform operator specified in Point b, Clause 1 of this Article, the competent state agency shall seek the Ministry of Public Security’s written appraisal opinions on national security under the Government’s regulations on goods trading activities and activities directly related to goods trading by foreign investors and foreign-invested economic organisations.
Chapter VI
ELECTRONIC CONTRACT CERTIFICATION SERVICES IN COMMERCE
Article 41. Responsibilities of providers of electronic contract certification services in commerce
1. To ensure confidentiality, integrity and verifiability of electronic contracts stored and certified through their service provision systems.
2. To assign online points of contact, provide documents, and assist competent state agencies in investigating violations of law relating to electronic contract certification services in commerce.
3. To post up regulations on the provision of electronic contract certification services in commerce in easy-to-spot positions and in Vietnamese on their service provision systems.
4. To fully and securely store data on certified electronic contracts; to ensure that data can be accessed, searched and provided upon request by competent state agencies. The storage period must comply with the law on accounting and must be at least 10 years from the date on which an electronic contract is certified, unless a longer period is specified by law.
Article 42. Conditions for provision of electronic contract certification services in commerce
1. To obtain a licence for provision of electronic contract certification services in commerce, an organisation must satisfy the following conditions:
a/ Holding a trust service business licence, covering the licensed service of providing data message certification services in accordance with the law on e-transactions;
b/ Having formulated a scheme on provision of electronic contract certification services in commerce as specified in Article 44 of this Decree.
2. A licence for provision of electronic contract certification services in commerce is valid for 10 years.
Article 43. Dossiers for issuance, modification or supplementation, and revocation of licences for provision of electronic contract certification services in commerce
1. A dossier of application for a licence for provision of electronic contract certification services in commerce must comprise:
a/ A declaration form, made according to Form No. 03 provided in Appendix II to this Decree;
b/ A copy of the licence, certificate, letter of confirmation or written approval issued by a competent authority, or a similar document evidencing the satisfaction of the conditions for provision of electronic contract certification services in commerce (if any);
The above papers and documents are not required if they are available in electronic form, have legal validity, and can be accessed through connection and sharing between the Information System for Administrative Procedure Settlement and national databases, specialised databases, shared information systems and the National Public Service Portal;
c/ A scheme for provision of electronic contract certification services in commerce with the contents specified in Article 44 of this Decree. The scheme shall be made according to Form No. 06 provided in Appendix II to this Decree.
2. Dossier for modification or supplementation of a licence for provision of electronic contract certification services in commerce:
A provider of electronic contract certification services in commerce shall carry out procedures for modification or supplementation of its licence within 20 working days from the date of occurrence of a change in one of the following information: the person responsible for managing service provision activities; information on the enterprise registration certificate (for enterprises) or the establishment decision (for organisations); disclosed contents of the certification regulations; and contents of the scheme for provision of electronic contract certification services in commerce.
A dossier for modification or supplementation of a licence must comprise:
a/ A declaration form, made according to Form No. 03 provided in Appendix II to this Decree;
b/ A document evidencing the reason for the modification or supplementation of the licence (in case of a change in the licensed contents).
The above papers and documents are not required if they are available in electronic form, have legal validity, and can be accessed through connection and sharing between the Information System for Administrative Procedure Settlement and national databases, specialised databases, shared information systems and the National Public Service Portal.
3. A licence for provision of electronic contract certification services in commerce shall be revoked in the following cases:
a/ The provider of electronic contract certification services in commerce ceases service provision and submits a dossier for revocation of the licence for provision of electronic contract certification services in commerce as specified in Clause 4 of this Article;
b/ The provider of electronic contract certification services in commerce commits a violation of law that is subject to operation termination in accordance with the law on handling of administrative violations.
4. A dossier for revocation of a licence for provision of electronic contract certification services in commerce must comprise:
a/ A declaration form, made according to Form No. 03 provided in Appendix II to this Decree;
b/ Relevant documents (if any).
5. Procedures for issuance, modification or supplementation, and revocation of licences for provision of electronic contract certification services in commerce must comply with Section III of Appendix I to this Decree.
6. Provincial-level People’s Committees shall issue, modify or supplement, and revoke licences for provision of electronic contract certification services in commerce.
Article 44. Contents of a scheme on provision of electronic contract certification services in commerce
1. General information on the provider of electronic contract certification services in commerce, including: name, type, head office address and legal representative of enterprise, contact method, scope of service provision, trust service business licence, or documents evidencing the satisfaction of the statutory conditions.
2. A description of the plan for storing electronic contracts, ensuring the integrity of electronic contract data, and enabling search of certified electronic contracts.
3. A description of the process of receiving and handling requests, reports and complaints from organisations and individuals; the process of handling technical incidents and information security breaches; and the mechanism for coordination with competent state agencies.
4. Regulations on certification of electronic contracts in commerce and the service provision policy, which shall be disclosed on the service provision information system under regulations.
Chapter VII
APPLICATION OF TECHNOLOGY IN MANAGEMENT OF E-COMMERCE ACTIVITIES
Section 1
E-COMMERCE ACTIVITY MANAGEMENT SYSTEM
Article 45. E-commerce Activity Management System
1. The Ministry of Industry and Trade shall establish, manage and operate the E-commerce Activity Management System at http://online.gov.vn, which shall be connected to the National Public Service Portal.
2. The E-commerce Activity Management System has the functions referred to in Clause 2, Article 37 of the Law on E-Commerce, of which certain functions are specified as follows:
a/ Being connected to the National Public Service Portal in order to synchronise results of the settlement of administrative procedures in the field of e-commerce. Results of the settlement of administrative procedures in the field of e-commerce constitute the corresponding electronic confirmation symbol indicating that the notification or registration has been made or a licence has been issued, and displayed on the relevant digital platform. When selecting such symbol, users shall be directed to the information published on the E-commerce Activity Management System;
b/ Receiving information and settling reports, requests and complaints from organisations and individuals concerning violating e-commerce platforms, sellers, and e-commerce support service providers, including: information on the organisation or individual submitting the reports, requests or complaints (name, identification number of the organisation or individual, address of the organisation’s head office or the individual’s place of residence); name of the violating e-commerce platform; name of the violating seller; name of the violating e-commerce support service provider; reason for filing the reports, requests or complaints; and copies of documents evidencing the violation. Such reports, requests and complaints shall be recorded in the system, enabling the senders to monitor results of the handling of reports, requests and complaints;
c/ Monitoring e-commerce activities based on the e-commerce database and valid reports, requests and complaints, in order to publicly give risk warnings concerning e-commerce platforms or information on goods or services showing signs of violation of law;
d/ Monitoring the provision of electronic contract certification services in commerce based on data relating to electronic contract certification services in commerce provided by organisations;
dd/ Receiving and processing online e-commerce reports under Article 22 of this Decree;
e/ Publishing the list of e-commerce platforms for which notification or registration has been confirmed, and the list of organisations licensed to provide electronic contract certification services in commerce, including: name of the e-commerce platform as notified or registered; name and contact information of the platform operator or the provider of electronic contract certification services in commerce; enterprise registration certificate number or establishment decision number, for organisations, or tax identification number, for individuals or business households.
Section 2
E-COMMERCE DATABASE
Article 46. Scope of data in the e-commerce database
The e-commerce database must include the following information:
1. Data on the management of e-commerce activities, including:
a/ Information on e-commerce platforms that have completed procedures for notification or registration with the state management agency in charge of e-commerce;
b/ Information on e-commerce platforms that are reported to have committed, or have committed, violations;
c/ Results of examination and handling of administrative violations in e-commerce;
d/ The system of legal documents in the field of e-commerce;
dd/ Data on electronic contract authentication services in commerce;
e/ Information on complaints and reports of consumers and intellectual property rights holders through the E-commerce Activity Management System;
g/ Information on competent state agencies’ requests for removal or review of information on violating goods and services;
h/ Information on prohibited goods, counterfeit goods, goods infringing upon intellectual property rights, smuggled goods, goods of unclear origin, or other violating goods in the field of e-commerce;
i/ Information interconnected with other databases.
2. Data on the online reports specified in Article 22 of this Decree.
3. Data on the import and export of goods through e-commerce, including:
a/ Data on e-customs declaration forms and declaration information on goods imported or exported through e-commerce;
b/ Data on the value and quantity of goods, exporting countries and importing countries in e-commerce transactions;
c/ Other relevant data.
4. Tax data in e-commerce, including:
a/ A list of foreign e-commerce platforms conducting e-commerce activities in Vietnam, which have made tax registration and tax declaration;
b/ Revenue and assessable income of e-commerce platform operators;
c/ The number of sellers and the aggregate amount of their payable tax amounts on e-commerce platforms with the online ordering function and payment function;
d/ Other relevant data.
5. Data on transportation and delivery in e-commerce, including:
a/ The number of transportation and delivery orders by locality;
b/ Information on the transportation and delivery of goods sold under cross-border e-commerce transactions into Vietnam: names of exporters; the number of orders of each exporter; and the quantity of imported goods classified by HS code;
c/ Other relevant data.
Article 47. Sources of information for establishment and updating of the e-commerce database
1. The e-commerce database shall be created, collected, updated and synchronised from the following sources:
a/ Data from the state management agency in charge of e-commerce;
b/ Data relating to e-commerce activities on national databases and specialised databases shared and synchronised by ministries, sectors and localities;
c/ Data shared and updated by e-commerce platforms, providers of e-contract authentication services in commerce, e-commerce support service providers, intellectual property rights holders, and other organisations and individuals involved in e-commerce activities;
d/ Data generated from the performance of administrative procedures and provision of public services in the field of e-commerce;
dd/ Data from statistical reports in the field of e-commerce and relevant fields that are digitised, provided and integrated by organisations and individuals.
2. Agencies in charge of, and agencies managing, national databases and specialised databases related to the scope of data in the e-commerce database shall update and adjust the information specified in Article 46 of this Decree, ensuring the completeness, accuracy, consistency and quality of the updated and shared data.
3. The building of the e-commerce database must ensure the completeness, accuracy, consistency and quality of data and comply with the law on data, the law on e-commerce and other relevant laws.
Article 48. Use and exploitation of information from the e-commerce database
1. Entities entitled to use and exploit information from the e-commerce database include:
a/ The Ministry of Industry and Trade, which may use data from the e-commerce database for state management in the field of e-commerce;
b/ State management agencies, which may, within the ambit of their functions and tasks, use information in the e-commerce database for state management within the scope of their competence;
c/ Agencies, organisations and individuals, which may exploit and use open data from the e-commerce database through the Ministry of Industry and Trade’s Portal.
2. Methods of exploiting and using the e-commerce database:
a/ Data connection and sharing with national databases, specialised databases, and other databases and information systems;
b/ Through the National Data Portal, the National Public Service Portal, the Ministry of Industry and Trade’s Portal, and the Ministry of Industry and Trade’s Information System for Settling Administrative Procedures;
c/ The electronic identification and authentication platform;
d/ The national identification application;
dd/ Equipment, devices and software provided by units managing and maintaining data;
e/ Other methods approved by the Ministry of Industry and Trade.
Chapter VIII
STATE MANAGEMENT RESPONSIBILITIES
Article 49. Responsibilities of the Ministry of Industry and Trade
1. To advise and assist the Government in performing the state management of e-commerce and organise the implementation of this Decree.
2. To receive and process administrative procedures for registration of e-commerce platforms and administrative procedures relating to the withdrawal of security deposits.
3. To establish, manage and operate the E-commerce Activity Management System and the e-commerce database.
4. To organise the establishment, operation, maintenance and upgrading of information technology infrastructure and software for exploiting the e-commerce database at the central level, ensuring synchronisation and consistency nationwide.
5. To provide e-commerce information to organisations and individuals in accordance with law.
6. To provide technical guidance; to monitor, inspect, and handle violations within the scope of its competence.
7. To assume the prime responsibility for, and coordinate with relevant ministries and sectors, provincial-level People’s Committees, agencies, organisations and individuals in, selecting themes of, formulating specific plans on, and guiding, directing and organising, the annual National E-commerce Day in a practical, effective and economical manner.
Article 50. Responsibilities of ministries, ministerial-level agencies and other relevant agencies and organisations
1. Ministries and ministerial-level agencies, within the ambit of their respective functions and tasks, have the following responsibilities:
a/ To coordinate with the Ministry of Industry and Trade in managing e-commerce activities;
b/ Based on the Ministry of Industry and Trade’s plans and guidance and the actual conditions of each ministry or sector, to organise appropriate communication activities for the annual National E-commerce Day;
c/ To examine, and handle violations of law in e-commerce within the scope of their competence;
d/ To connect, share and synchronise information relating to e-commerce with the e-commerce database within the scope of their competence.
2. The Ministry of Finance shall connect, share and synchronise the information specified in Clauses 3 and 4, Article 46 of this Decree. Right after completing the establishment of the customs declaration system relating to the e-commerce database, the Ministry of Finance shall notify the Ministry of Industry and Trade of the list of foreign e-commerce platforms conducting e-commerce activities in Vietnam that reach the threshold of 100,000 turns of transactions with buyers in Vietnam as specified in Point b, Clause 1, Article 31 and Point b, Clause 1, Article 32 of this Decree.
3. At the written request of a competent state agency, the Ministry of Public Security shall issue a written appraisal on national security and send it to the competent state agency in accordance with Clause 3, Article 40 of this Decree.
4. Media and press agencies shall formulate communication plans on e-commerce and the National E-commerce Day.
Article 51. Responsibilities of provincial-level People’s Committees
1. To receive and process administrative procedures for notification of direct-selling e-commerce platforms with the online ordering function and for licensing the provision of e-contract authentication services in commerce.
2. To perform the state management of e-commerce in their localities and within their scope of competence.
3. Based on the Ministry of Industry and Trade’s plans and guidance and the actual conditions of each locality, to organise appropriate communication activities for the annual National E-commerce Day in their localities.
Chapter IX
IMPLEMENTATION PROVISIONS
Article 52. Implementation provisions
1. This Decree takes effect on July 1, 2026, except the provisions of Clause 2 of this Article.
2. E-commerce platform operators shall conduct electronic identity authentication of sellers and sales livestream hosts from January 1, 2027.
3. The Government’s Decree No. 52/2013/ND-CP of May 16, 2013, on e-commerce, and the Government’s Decree No. 85/2021/ND-CP of September 25, 2021, amending and supplementing a number of articles of the Government's Decree No. 52/2013/ND-CP of May 16, 2013, on e-commerce, cease to be effective on the effective date of this Decree, except the provisions of Article 53 of this Decree.
4. To replace the phrase “provision of e-commerce services” in the Government’s Decree No. 09/2018/ND-CP of January 15, 2018, detailing the Commercial Law and the Law on Foreign Trade Management regarding goods trading and activities directly related to goods trading by foreign investors and foreign-invested economic organisations in Vietnam, with the phrase “management and operation of intermediary e-commerce platforms, social media platforms conducting e-commerce activities, and e-commerce integration platforms”.
Article 53. Transitional provisions
E-commerce platforms (websites and applications) whose notification or registration of operation are certified before July 1, 2026, may continue operating in accordance with the certified contents until June 30, 2027. During this period, platform operators shall carry out procedures for modification and supplementation of their certified dossiers in accordance with this Decree.
Article 54. Implementation responsibility
Ministers, heads of ministerial-level agencies, Chairpersons of provincial-level People’s Committees, and related organisations and individuals shall implement this Decree.-
On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM GIA TUC
[1] Công Báo No 407 (18/7/2026)
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