Decree 248/2026/ND-CP detailing the Law on E-Commerce

DECREE

Detailing a number of articles of the Law on E-Commerce

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on E-Commerce No. 122/2025/QH15;

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 Law on E-Commerce No. 122/2025/QH15 (hereinafter referred to as the Law on E-Commerce) regarding:

1. Clause 8, Article 9 on the National E-Commerce Day and the organization of activities in response to the National E-Commerce Day;

2. Clause 5, Article 11 on to-be-publicized contents on operating conditions and transaction conditions on e-commerce platforms;

3. Clause 4, Article 14 on 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, modification, supplementation and termination of registration of e-commerce platforms;

4. Clause 4, Article 15 on the responsibilities of operators of e-commerce platforms

5. Clause 5, Article 17 on the responsibilities of operators of intermediary e-commerce platforms;

6. Clause 5, Article 18 on the responsibilities of operators of social media platforms conducting e-commerce activities;

7. Clause 3, Article 19 on the responsibilities of operators of e-commerce integration platforms

8. Clause 2, Article 20 on the responsibilities of operators of e-commerce platforms integrated on e-commerce integration platforms in case of detecting technical errors related to the authorization, access, control or use of data between the parties;

9. Clause 7, Article 27 on transaction thresholds with buyers in Vietnam; conditions for management and operation of e-commerce platforms; making of deposits; and the competence, order and procedures for registration, modification, supplementation and termination of registration of foreign e-commerce platforms conducting e-commerce activities in Vietnam.

10. Point b, Clause 1, Article 30 on the responsibilities of authorized 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 illegal goods and services upon receiving requests from competent state agencies;

11. Clause 2, Article 32 on market access conditions for foreign investors in the field of e-commerce;

12. Clause 1, Article 33 on the responsibilities of organizations providing technical infrastructure services in support of e-commerce in preventing violations upon receiving requests from competent state agencies;

13. Clause 2, Article 34 on the responsibilities of organizations 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 on the responsibilities of organizations providing payment services and payment intermediary services in support of e-commerce in removing integrated e-commerce platforms that show signs of law violations or violate the law upon receiving requests from competent state agencies;

15. Clause 3, Article 36 on e-contract authentication services in commerce;

16. Clause 3, Article 37 on the E-Commerce Activity Management System;

17. Clause 4, Article 38 on the e-commerce database.

Article 2. Subjects of application

This Decree applies to operators of e-commerce platforms; organizations providing technical infrastructure services in support of e-commerce; organizations providing logistics services in support of e-commerce; organizations providing payment services and payment intermediary services in support of e-commerce; foreign investors in the field of e-commerce; authorized legal persons in Vietnam for foreign e-commerce platforms conducting e-commerce activities in Vietnam; and other related organizations and individuals.

Article 3. National E-Commerce Day

1. December 12 every year shall be the National E-Commerce Day.

2. The conditions and requirements for organizing the National E-Commerce Day shall comply with the law provisions on response days.

3. Activities in response to the National E-Commerce Day include:

a) Dissemination, communication, training and fostering activities on e-commerce law and online shopping skills to mobilize and focus the attention, response and participation of the entire society 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, organizations and individuals;

c) Activities within the framework of national-level e-commerce plans, projects, schemes, programs and activities promulgated by competent authorities.

d) Other activities consistent with the theme and plan in response to the National E-Commerce Day

4. The plan for organizing activities in response to the National E-Commerce Day shall be implemented regularly and continuously throughout the year, with a special focus on the last month of the year and the first 3 months of the year.

Chapter II

TO-BE-PUBLICIZED CONTENTS ON E-COMMERCE PLATFORMS

Article 4. Information on e-commerce platform operators

Information on an e-commerce platform operator shall include at least the following contents:

1. Name and head office address of the organization, name of the legal representative, or name and residential address of the individual;

2. Number, date of issuance, and place of issuance of the business registration certificate, or number, date of issuance, place of issuance, and issuing unit of the establishment decision in case of an organization; tax identification number of the individual, or tax identification number of the business household.

Article 5. Privacy policy

1. A privacy policy shall include at least the following contents:

a) Purpose and scope of collection of users' information;

b) Scope of use of information;

c) Storage period of information or the method for determining such storage period;

d) Organizations and individuals that may have access to personal information;

dd) Measures to secure users' information and data;

e) Methods and procedures for data subjects to view, modify, or request modification of their data on the platform;

g) Methods and procedures for receiving requests from data subjects to delete, destroy, or restrict the processing of data they have provided;

h) Methods and procedures for receiving and resolving complaints, requests, and feedback from data subjects regarding information privacy.

2. The contents specified in Clause 1 of this Article must comply with the law provisions on data and personal data protection.

Article 6. Rights and obligations of the parties

E-commerce platform operators shall publicize the rights and obligations of the parties, ensuring compliance with the Law on E-Commerce, this Decree, and relevant laws, including at least the following contents:

1. Rights and obligations of e-commerce platform operators:

a) Promulgating, publicizing, and organizing the implementation of operating conditions and transaction conditions;

b) Developing and publicizing service standards and procedures for participating in activities on the platform;

c) Charging service fees in accordance with the publicized pricing policy;

d) Providing full or summary information on the form of promotion to be applied to the buyer prior to placing an order;

dd) Ensuring the safe and stable operation of the platform;

e) Prescribing cases of suspension, termination, or restriction of seller and buyer accounts;

g) Applying necessary measures to ensure information security related to business secrets of users and personal information of consumers;

h) Receiving and resolving requests, feedback, and complaints from users;

i) Monitoring and preventing law violations; coordinating with, and providing information and data upon requests from competent state agencies.

2. Rights and obligations of sellers

a) Being entitled to register, maintain, suspend, or terminate the sale of goods and provision of services; deciding on goods and services, selling prices, and promotional policies in accordance with the law provisions and agreements with platform operators;

b) Being entitled to use the technical infrastructure and supporting tools of the platform; having access to data directly related to business activities; being ensured full and on-time payment, and having requests, feedback, and complaints resolved in accordance with the principles of publicity and transparency;

c) Providing accurate and complete information; ensuring the quality of goods and services; fully performing obligations regarding goods delivery, warranty, return, replacement, and refund; not abusing the platform to conduct business in sectors and trades prohibited from investment and business, or to trade in counterfeit goods, goods infringing intellectual property rights, or engage in other violations of law;

d) Performing financial obligations to the State; protecting buyers’ data; safeguarding consumers’ information; coordinating with the platform operator and competent state agencies in handling law violations.

3. Rights and obligations of buyers

a) Being ensured consumers’ rights; being provided with complete and accurate information about goods, services, and sellers;

b) Being entitled to choose goods and services, payment methods, and delivery methods; having personal data protected; having feedback, requests, and complaints resolved in accordance with law provisions;

c) Providing necessary and accurate information; making full and on-time payment;

d) Complying with the law provisions, operating conditions, and transaction conditions of the platform; not abusing the platform to conduct law violations.

Article 7. Methods for receiving and resolving feedback, requests, and complaints

Methods for receiving and processing feedback, requests, and complaints shall include at least the following contents:

1. Methods for receiving feedback, requests, and complaints, including at least one online contact method;

2. Order and procedures for receiving and processing feedback, requests, and complaints, including specific steps to be carried out by the parties;

3. Specific time limits for initial response and expected time limits for resolution for each common type of issue;

4. Measures and tools applied by the platform to support the resolution of feedback, requests, and complaints.

Article 8. Pricing policies

Pricing policies on an e-commerce platform with the online ordering function shall include at least the following contents:

1. For the prices of goods and services provided on the platform: clearly indicating whether such prices include or exclude costs related to the purchase of goods or services such as taxes, shipping costs, and other additional charges;

2. For service fees applicable to sellers: in cases where the e-commerce platform charges fees for account opening, account maintenance, order processing, and other services, the policies must include detailed information on the fee schedule, methods for calculating each type of service fee, and the time of application. In case of any changes, such changes must be publicly disclosed on the platform at least 20 days prior to the time of application.

Article 9. Conditions or restrictions in the provision of goods or services

1. In cases where an e-commerce platform with the online ordering function imposes conditions or limitations on the provision of goods or services applicable to sellers and buyers on its platform, the platform operator must publicly disclose all such conditions and restrictions.

2. Conditions and restrictions (if any) must include at least the following contents:

a) Limitations on time of provision: time slots, days of the week, or specific periods of the year during which goods or services are provided or subject to restriction;

b) Limitations on geographical scope: specific areas, territories, or localities where goods or services are delivered or restricted from provision;

c) Restrictions on customer categories: conditions on age or specific residential areas to access goods and services;

d) Restrictions on quantity: maximum or minimum quantities of goods for each transaction or for each customer;

dd) Conditions on service availability: cases where the provision of goods and services may be suspended or interrupted due to technical reasons, maintenance, or force majeure events.

Article 10. Payment policies

Payment policies on an e-commerce platform with the online ordering function shall include at least the following contents:

1. Payment methods applicable to goods or services introduced on the platform, accompanied by clear and accurate explanations so that customers can understand and select an appropriate payment method;

2. Refund methods in cases of return, replacement of goods, or termination of services;

3. In cases where an e-commerce platform establishes a mechanism for reward points, point refunds, or incentives with convertible value, the platform must publicly disclose in its payment policy the methods for earning and using points, the scope of application, conditions, ratios, conversion limitations, and responsibilities of the parties; points shall not be converted into cash withdrawals.

Article 11. Display priority policies

1. In cases where an e-commerce platform uses algorithms or measures to restrict or prioritize the display of goods or services, it must publicly disclose all main criteria used as specified in Clause 2 of this Article.

2. The main criteria used may include:

a) Relevance to search keywords (including names of goods or services, and descriptions of goods or services);

b) Payment for display;

c) Search and transaction histories of buyers on the platform;

d) Reviews and feedback from buyers;

dd) Number of successful orders;

e) Factors related to localities, countries, or territories of users;

g) Delivery and payment methods;

h) Other main criteria.

3. In cases where an e-commerce platform allows users to select or modify the main criteria specified in Clause 2 of this Article, the platform operator shall publicly disclose the methods for making such selection or modification.

Article 12. Operating regulations on sales livestreaming

In cases where an e-commerce platform provides a sales livestreaming feature, it must publicly disclose the operating regulations on sales livestreaming, which shall include at least the following contents:

1. Rights and obligations of the parties participating in sales livestreaming;

2. Subjects, procedures, and instructions for sales livestreamers to perform electronic identification and authentication;

3. Conditions, order, and procedures for registration to open seller and sales livestreamer accounts;

4. Prescribing specific cases subject to suspension of livestreaming, or removal of displayed information and links;

5. Specific procedures and instructions on the method for implementing tools that allow sales livestreamers to display warning contents when livestreaming sales of goods or services posing a risk of causing insecurity or adversely affecting the life, health, or property of buyers in accordance with the law provisions;

6. Specific procedures and instructions on the method for implementing mechanisms to receive and resolve feedback, requests, and complaints from viewers during and after the sales livestreaming process.

Article 13. Delivery policies

An e-commerce platform with the online ordering function conducting the purchase and sale of goods must publicly disclose its delivery policies, which shall include at least the following contents:

1. Delivery methods, shipping and delivery units;

2. Estimated time limits for delivery;

3. Geographical limitations for delivery (if any);

4. Responsibilities of organizations providing logistics services for providing order information during the delivery process;

5. Inspection policy (if any).

Article 14. Goods return and refund policies

An e-commerce platform with the online ordering function conducting the purchase and sale of goods must publicly disclose its goods return and refund policies, which shall include at least the following contents:

1. Conditions for goods to be returned and refunded;

2. Time limits for requesting goods return and refund;

3. Procedures for receiving and processing requests for goods return and refund;

4. Methods of goods return and refund;

5. Return costs borne by the parties.

Article 15. Policies on service provision methods

1. In cases where an e-commerce platform with the online ordering function provides services for direct use on the platform, the platform must publicly disclose the policies on service provision methods, which shall include at least the following contents:

a) Service utilization duration; compatible types of electronic devices; and the number of devices permitted for simultaneous use;

b) Specific description of how to use the service and the main features of the service;

c) Notification of restrictions during the use (if any).

2. In cases where an e-commerce platform with the online ordering function provides pre-order and post-use services, the platform must publicly disclose the policies on service provision methods, which shall include at least the following contents:

a) Public disclosure of conditions and forms of service utilization at the place of provision;

b) Service utilization duration; conditions for exchange or cancellation, and incurred costs (if any).

Article 16. Service termination and refund policies

An e-commerce platform with the online ordering function providing services on the platform must publicly disclose its service termination policies for buyers, which shall include at least the following contents:

1. Cases of service termination and methods for handling the consequences of such service termination;

2. The time when the contract terminates its validity and the methods for paying service fees in cases where the buyer is the terminating party. In cases where the time when the contract terminates its validity is not clearly disclosed when the buyer is the terminating party, the time when the buyer sends the notification shall be deemed the time of contract termination;

3. Procedures and time limits for responding to buyers who send a notification of contract termination on the e-commerce platform when they no longer have a demand for utilizing the services;

4. Methods for refund upon service termination.

Chapter III

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS
IN E-COMMERCE ACTIVITIES

Article 17. Responsibilities of operators of e-commerce platforms

1. The operator of an e-commerce platform shall fulfill the responsibilities specified in Article 15 of the Law on E-Commerce, of which a number of contents shall be specifically implemented as follows:

a) Fully, accurately, and clearly disclosing the contents or provide links to view in detail the contents prescribed in Chapter II of this Decree at a position on the main interface of the e-commerce platform, with clearly distinguishable indicators;

b) Submitting periodic online reports through the E-commerce Activity Management System in accordance with Clause 1, Article 22 of this Decree, or provide information upon requests from competent state agencies;

c) Adopting measures to inspect, review, remove, and promptly handle information on goods and services that infringe upon intellectual property rights or goods and services related to illegal business acts within 24 hours from the receipt of a request from competent state agencies;

d) Updating keywords as recommended by competent state agencies and filtering information based on such keywords before information on goods and services is displayed on the e-commerce platform;

dd) Maintaining and using the account that has completed administrative procedures on the E-commerce Activity Management System to receive and respond to information for handling complaints, feedback, and disputes related to the e-commerce platform;

e) Coordinating with intellectual property rights holders to review, temporarily remove, or block access to information on goods and services showing signs of intellectual property rights infringement in accordance with the methods for receiving and resolving feedback, requests, and complaints publicly disclosed on the platform as prescribed in Article 7 of this Decree.

2. The operator of an e-commerce platform with the online ordering function shall fulfill the responsibilities specified in Clause 1 of this Article and Article 12 of the Law on E-Commerce. In cases where an e-commerce platform integrates an automated information system for entering into e-contracts, the operator of the e-commerce platform shall fulfill the responsibilities specified in Clause 1 of this Article and Article 13 of the Law on E-Commerce.

3. The operator of an intermediary e-commerce platform with the online ordering function that is a large digital platform, and a social media platform conducting e-commerce activities with the online ordering function that is a large digital platform under the law provisions on protection of consumers' rights, shall fulfill the responsibilities specified in Clause 2 of this Article and online reporting responsibilities as specified in Clauses 2 and 3, Article 22 of this Decree.

Article 18. Responsibilities of operators of intermediary e-commerce platforms

1. The operator of an intermediary e-commerce platform shall fulfill the responsibilities specified in Article 17 of the Law on E-Commerce, of which a number of contents shall be specifically implemented as follows:

a) Carrying out electronic identity verification of domestic sellers through the following information:

For a domestic individual: full name; date of birth; personal identification number;

For a domestic organization: organization name; head office address; organization identification number; full name, date of birth, and personal identification number of the legal representative;

b) Carrying out verification of foreign sellers through the following valid legal documents:

For a foreign individual: name; passport number; name of the country or territory of the individual as stated in the passport or other equivalent documents with a validity period of at least 06 months from the date of approval issued by a competent foreign agency;

For a foreign organization: organization name; head office address; name of the country or territory of the organization as stated in the enterprise registration certificate or other equivalent documents issued by a competent foreign agency; name and passport number of the legal representative or other equivalent documents with a validity period of at least 06 months from the date of approval issued by a competent foreign agency;

c) Publicly disclosing information on the name and business location of enterprises and household businesses in accordance with the registration contents submitted to business registration agencies; the name and head office address of organizations; and the name and residential address of individuals. Such information must be transliterated into Vietnamese or presented in Latin characters;

d) Moderating seller-created information contents on goods and services prior to allowing such information to be displayed on the platform, ensuring that such information does not fall under the list of prohibited business lines or goods and services subject to suspension of circulation as announced by competent state agencies, or updating keywords upon requests from competent state agencies;

dd) Ensuring the capability to access information and data on goods and services posted from seller accounts for a minimum period of 01 year from the time of posting.

2. The operator of an intermediary e-commerce platform with the online ordering function shall fulfill the responsibilities specified in Clause 2, Article 17 of the Law on E-Commerce, of which a number of contents shall be specifically implemented as follows:

a) Fulfilling the responsibilities specified in Clause 1 of this Article;

b) Taking back goods in cases where the goods provided by the seller fail to comply with the contents notified, publicly disclosed, posted, advertised, introduced, entered into, or committed on the platform, and carrying out the goods exchange, return, and refund in accordance with the policies publicly disclosed on the platform as prescribed in Article 14 of this Decree;

c) Publicly disclosing full information on the recall of defective goods on the platform immediately upon receiving information from the seller or competent state agencies for 10 consecutive days at a conspicuous position; publicly disclosing the contact information of the focal point for taking back goods; and informing directly the buyers of such goods on the platform through the buyer accounts on the platform or other appropriate contact channels that the buyers have registered on the platform;

d) Providing necessary information to support the parties participating in transactions on the platform in accordance with the methods for receiving and resolving feedback, requests, and complaints publicly disclosed in accordance with Article 7 of this Decree; and providing information to competent state agencies on acts showing signs of law violations or violations of law through the designated focal point and through the E-commerce Activity Management System within 24 hours from the receipt of a request to serve inspection, examination, and violation handling activities;

dd) Providing tools for the seller to access the account to download data on posted goods and services within 01 year from the time of posting, and data on concluded contracts within 03 years from the time of contract conclusion, except for cases where the seller proactively deletes the account. In cases where the seller account is suspended or terminated from operation, the platform operator shall ensure that the seller can access the account or use other methods to download data on previously executed concluded contracts for a minimum period of 03 years from the time the account is suspended or terminated from operation;

e) Suspending or terminating seller accounts within 24 hours from the receipt of a request from competent state agencies.

3. The operator of an intermediary e-commerce platform with the online ordering function that is a large digital platform under the law provisions on protection of consumers' rights shall fulfill the responsibilities specified in Clause 3, Article 17 of the Law on E-Commerce, of which a number of contents shall be specifically implemented as follows:

a) Fulfilling the responsibilities specified in Clause 2 of this Article;

b) Maintaining an online system for receiving and resolving feedback, requests, and complaints on the platform as prescribed in Clause 4 of this Article;

c) Maintaining an automated system for reviewing, warning, and removing information on goods and services violating the law; and adopting measures to prevent recidivism, 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 repeatedly committed;

d) In cases where the platform cooperates with an organization providing payment services, payment intermediary services, or logistics services, the platform operator must publicly disclose on the platform information on such organization; displaying the full name, abbreviation according to enterprise registration, or trade name of the service provider that meets the criteria for providing payment services, payment intermediary services, or logistics services for specific goods and services in accordance with the cooperation agreement between the parties, and allowing buyers to select the organization providing payment services, payment intermediary services, or logistics services.

4. The online system for receiving and resolving feedback, requests, and complaints on the platform must satisfy the requirements specified in Clause 4, Article 17 of the Law on E-Commerce, of which a number of contents shall be specifically implemented as follows:

a) Having clear and publicized procedures, and an easily accessible, user-friendly interface that allows users to submit feedback, requests, complaints, and preliminary evidence, as well as to monitor the progress of resolving such feedback, requests, and complaints;

b) Upon receiving feedback, requests, or complaints, the system must receive and promptly handle them in accordance with the methods for receiving and resolving feedback, requests, and complaints publicly disclosed on the platform as prescribed in Article 7 of this Decree;

c) In cases where the seller proves that the seller does not violate agreements and the law provisions, and that the fault lies with the online system for receiving and resolving feedback, requests, and complaints on the platform, the platform operator must adopt remedial measures for the seller and re-adjust the system accordingly;

d) In cases where an automated mechanism is used to operate the online system for receiving and resolving feedback, requests, and complaints, the operational procedures of the automated mechanism must be reviewed by humans prior to being put into application; during the operation process, this automated mechanism must be inspected, evaluated, and adjusted when necessary. In cases where users disagree with the results of the automated mechanism, the feedback, requests, and complaints must be transferred 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 shall fulfill the responsibilities specified in Clause 1, Article 18 of the Law on E-Commerce, of which a number of contents shall be specifically implemented as follows:

a) Fulfilling the responsibilities specified in Article 17 of this Decree;

b) Publicly disclosing indicators for recognizing seller accounts, which must be displayed clearly, be easily recognizable, and not cause confusion with other user accounts.

2. The operator of a social media platform conducting e-commerce activities with the online communication function that integrates a tool for notifying confirmation of contract conclusion shall fulfill the responsibilities specified in Clause 2, Article 18 of the Law on E-Commerce, of which a number of contents shall be specifically implemented as follows:

a) Fulfilling the responsibilities specified in Clause 1, Article 18 of this Decree and Clause 1 of this Article;

b) Requiring organizations and individuals to select and use seller account information when using the online communication function that integrates 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 sales livestreaming function and the online ordering function shall fulfill the responsibilities specified in Clause 3, Article 18 of the Law on E-Commerce, of which a number of contents shall be specifically implemented as follows:

a) Fulfilling the responsibilities specified in Clause 2, Article 18 of this Decree and Clause 1 of this Article;

b) Requiring organizations 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 sales livestreaming function and the online ordering function that is a large digital platform under the law provisions on protection of consumers' rights shall fulfill 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 shall fulfill the responsibilities specified in Clause 1, Article 19 of the Law on E-Commerce, of which a number of contents shall be specifically implemented as follows:

a) Fulfilling the responsibilities specified in Article 17 of this Decree;

b) Clearly notifying users of the name of the integrated platform; the rights and obligations of the parties; and the methods for receiving and resolving feedback, requests, and complaints at a conspicuous position or providing links to the above contents; maintaining a mechanism that allows users to express their consent prior to each access to the integrated platform; and allowing the above contents to be accessible and reviewed from user accounts;

c) Maintaining a tool that allows the integrated platform to access and use data generated by that platform on the e-commerce integration platform in accordance with the e-contract between the two parties, which must be authenticated by a licensed e-contract authentication service provider;

d) Removing integrated platforms that commit law violations or show signs of law violations within 24 hours from the receipt of a request from competent state agencies;

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 under the law provisions on protection of consumers' rights shall fulfill the responsibilities specified in Clause 2, Article 19 of the Law on E-Commerce and Clause 1 of this Article.

Article 21. Responsibilities for blocking, removing information, or suspending, terminating the provision of services related to law violations committed by subjects conducting e-commerce activities

1. In cases where technical faults related to the decentralization, access, control, and utilization of data among the parties are detected, the operator of an integrated e-commerce platform must notify the e-commerce integration platform to handle such faults within 24 hours from the time of detection.

2. Organizations providing technical infrastructure services in support of e-commerce as specified in Article 33 of the Law on E-Commerce shall be responsible for blocking violating acts within 24 hours from the receipt of a request from competent state agencies.

3. Organizations providing logistics services in support of e-commerce as specified in Article 34 of the Law on E-Commerce shall be responsible for suspending the provision of services within 24 hours from the receipt of a request from competent state agencies.

4. Organizations providing payment services or payment intermediary services as specified in Article 35 of the Law on E-Commerce shall be responsible for removing platforms showing signs of law violations or committing law violations within 24 hours from the receipt of a request from competent state agencies.

5. Authorized legal persons in Vietnam as specified in Article 30 of the Law on E-Commerce shall carry out the removal of information on goods and services violating the law within 24 hours from the receipt of a request from competent state agencies.

Article 22. Online reporting

1. Prior to February 15 every year, the operator of an e-commerce platform must submit an online report on the e-commerce activity results of the preceding year through the E-commerce Activity Management System using Form No. 08, 09, 10, or 11 in Appendix II to this Decree, depending on its operational model.

2. Prior to the 15 of every month, the operator of an intermediary e-commerce platform with the online ordering function that is a large digital platform, and a social media platform conducting e-commerce activities with the online ordering function that is a large digital platform under the law provisions on protection of consumers' rights, shall submit an online report on e-commerce activities of the preceding month through the E-commerce Activity Management System using Form No. 12 in Appendix II to this Decree, depending on its operational model.

3. The operator of an intermediary e-commerce platform with the online ordering function that is a large digital platform, and a social media platform conducting e-commerce activities with the online ordering function that is a large digital platform under the law provisions on protection of consumers' rights, shall fulfill the responsibility to submit online reports on removal results through the E-commerce Activity Management System within 48 hours from the receipt of a request from competent state agencies using Form No. 13 in Appendix II to this Decree.

4. Organizations specified in Clauses 2, 3, 4, and 5, Article 21 of this Decree shall fulfill the responsibility to submit online reports on blocking, suspension, and removal results through the E-commerce Activity Management System within 48 hours from the receipt of a request from competent state agencies.

5. Prior to the 15 of every month, an organization providing e-contract authentication services in commerce shall submit an online report on the situation of providing e-contract authentication services in commerce of the preceding month through the E-commerce Activity Management System using Form No. 14 in Appendix II to this Decree.

6. Prior to the 15 of the first month of every quarter, an organization providing logistics services in support of e-commerce shall submit an online report on the shipping and delivery activity results in e-commerce in Vietnam of the preceding quarter through the E-commerce Activity Management System using Form No. 15 in Appendix II to this Decree.

7. Organizations specified in this Article are encouraged to build, operate, and maintain information systems and databases on their activities to connect and share data through application programming interfaces (APIs); the connection and data sharing shall be carried out in accordance with instructions of the Minister of Industry and Trade, ensuring information safety, 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. The operator of a direct-selling e-commerce platform with the online ordering function must obtain confirmation of notification prior to operating the platform.

2. Dossiers for notification, modification of or supplement to notification, and termination of notification of direct-selling e-commerce platforms with the online ordering function shall comply with Article 24 of this Decree.

3. The operator of a direct-selling e-commerce platform with the online ordering function must perform the procedures for modification of or supplement to notification within 20 working days from the date of change in any of the following information:

a) Change in the platform name (website domain name, application name);

b) Change in the person responsible for the management and operation of the platform;

c) Change in information on the enterprise registration certificate (for an enterprise), the establishment decision (for an organization), or the household business registration certificate;

d) Change in publicized contents on operating conditions or transaction conditions on the platform.

4. The operator of a direct-selling e-commerce platform with the online ordering function shall perform the procedures for termination of notification in the following cases:

a) At the request of the e-commerce platform operator;

b) The e-commerce platform ceases operation or is transferred to another organization or individual;

c) Change in the tax identification number of the e-commerce platform operator.

5. State management agencies shall terminate the notification of a direct-selling e-commerce platform with the online ordering function in the following cases:

a) It has been more than 30 days from the time the state management agencies send a request through the E-commerce Activity Management System to serve the management and supervision of e-commerce activities, but the e-commerce platform fails to respond to information;

b) The platform operator commits law violations that require termination of the e-commerce platform's operation under the law provisions on handling of administrative violations.

Article 24. Dossiers for notification, modification of or supplement to notification, and termination of notification of direct-selling e-commerce platforms with the online ordering function

1. A dossier for notification of a direct-selling e-commerce platform with the online ordering function shall include:

a) An information declaration using Form No. 01 in Appendix II to this Decree;

b) Photocopies of licenses, written certifications, certificates, written confirmations or approvals from competent agencies, or other similar documents when trading in goods and services on the list of conditional business investment lines under the law provisions on investment.

In cases where the data of the above-mentioned papers and documents is already available in electronic form with guaranteed legal validity and can be exploited through connection and sharing between the Administrative Procedure Resolution Information System and national databases, specialized databases, shared information systems, or the National Public Service Portal, they are not required to be re-provided.

2. A dossier for modification of or supplement to notification of a direct-selling e-commerce platform with the online ordering function shall include:

a) An information declaration using Form No. 01 in Appendix II to this Decree;

b) Documents and papers proving the modified or supplemented contents (if any).

3. A dossier for termination of notification of a direct-selling e-commerce platform with the online ordering function shall include:

a) An information declaration using Form No. 01 in Appendix II to this Decree;

b) Documents and papers proving the reason for termination (if any).

4. The processes for performing the procedures for notification, modification of or supplement to notification, and termination of notification of a direct-selling e-commerce platform with the online ordering function shall comply with Section 1 in Appendix I to this Decree.

5. Provincial-level People's Committees shall carry out the confirmation of notification, confirmation of modification of or supplement to notification, and termination of notification 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. The operator of an intermediary e-commerce platform, a social media platform conducting e-commerce activities, or an e-commerce integration platform may only operate the platform upon satisfying the conditions for management and operation of e-commerce platforms and after obtaining confirmation of registration from the Ministry of Industry and Trade.

2. Dossiers for performing the procedures for registration, modification of or supplement to registration, and termination of registration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities, and e-commerce integration platforms shall 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 must perform the procedures for modification of or supplement to registration within 20 working days from the date of change in any of the following information:

a) Change in the platform name (website domain name, application name);

b) Change in the person responsible for the management and operation of the platform;

c) Change in information on the enterprise registration certificate (for an enterprise) or the establishment decision (for an organization);

d) Change in the operational model of the e-commerce platform;

dd) Change in publicized contents on operating conditions or transaction conditions on the platform;

e) Change in the terms of the service provision contract;

g) Change in or supplement to 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 perform the procedures for termination of registration in the following cases:

a) At the request of the e-commerce platform operator;

b) The e-commerce platform ceases operation or is transferred to another organization;

c) Change in the tax identification number of the e-commerce platform operator.

5. State management agencies 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) It has been more than 30 days from the time the state management agencies send a request through the E-commerce Activity Management System to serve the management and supervision of e-commerce activities, but the e-commerce platform fails to respond to information;

b) The platform operator commits law violations that require termination of the e-commerce platform's operation under the law provisions 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 an intermediary e-commerce platform without the online ordering function, a social media platform conducting e-commerce activities without the online ordering function, or an e-commerce integration platform shall include:

a) Having personnel specialized in managing e-commerce activities;

b) Having an e-commerce operation scheme as prescribed in Article 30 of this Decree.

2. Conditions for management and operation of an intermediary e-commerce platform with the online ordering function or sales livestreaming function, or a social media platform conducting e-commerce activities with the online ordering function or sales livestreaming function shall include:

a) Satisfying the conditions for management and operation of e-commerce platforms as prescribed in Clause 1 of this Article;

b) In cases where the e-commerce platform operator holds the seller's money arising from transactions on the platform, the platform must maintain a mechanism to manage the holding of money, reconciliation, payment, and withdrawal of money by the seller. These contents must be specified in the e-contract between the platform operator and the seller, ensuring that the e-contract has validity as evidence under the law provisions.

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 shall include:

a) An information declaration using Form No. 02 in Appendix II to this Decree;

b) Photocopies of licenses, written certifications, certificates, written confirmations or approvals from competent agencies, or other similar documents when trading in goods and services on the list of conditional business investment lines under the law provisions on investment.

In cases where the data of the above-mentioned papers and documents is already available in electronic form with guaranteed legal validity and can be exploited through connection and sharing between the Administrative Procedure Resolution Information System and national databases, specialized databases, shared information systems, or the National Public Service Portal, they are not required to be re-provided;

c) An e-commerce operation scheme with contents as prescribed in Article 30 of this Decree. The scheme template shall comply with Form No. 05 in Appendix II to this Decree;

d) Operational regulations on sales livestreaming in cases where the platform conducts sales livestreaming activities;

dd) Templates of contracts and agreements between the seller and the platform operator.

2. The processes for registration of an intermediary e-commerce platform, a social media platform conducting e-commerce activities, or an e-commerce integration platform shall comply with Section II in Appendix I to this Decree.

3. The Ministry of Industry and Trade shall carry out the confirmation of registration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities, and e-commerce integration platforms.

Article 28. Dossiers for modification of or supplement to registration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities, and e-commerce integration platforms

1. A dossier for modification of or supplement to registration of an intermediary e-commerce platform, a social media platform conducting e-commerce activities, or an e-commerce integration platform shall include:

a) An information declaration using Form No. 02 in Appendix II to this Decree;

b) Documents and papers proving the modified or supplemented contents (if any).

2. The processes for modification of or supplement to registration of an intermediary e-commerce platform, a social media platform conducting e-commerce activities, or an e-commerce integration platform shall comply with Section II in Appendix I to this Decree.

3. The Ministry of Industry and Trade shall carry out the confirmation of modification of or supplement to registration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities, and e-commerce integration platforms.

Article 29. Dossiers for requesting termination of registration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities, and e-commerce integration platforms

1. A dossier for requesting termination of registration of an intermediary e-commerce platform, a social media platform conducting e-commerce activities, or an e-commerce integration platform shall include:

a) An information declaration using Form No. 02 in Appendix II to this Decree;

b) Documents and papers proving the reason for termination (if any).

2. The processes for termination of registration of an intermediary e-commerce platform, a social media platform conducting e-commerce activities, or an e-commerce integration platform shall comply with Section II in Appendix I to this Decree.

3. The Ministry of Industry and Trade shall carry out the confirmation of termination of registration of intermediary e-commerce platforms, social media platforms conducting e-commerce activities, and e-commerce integration platforms.

Article 30. Contents of e-commerce operation schemes of intermediary e-commerce platforms, social media platforms conducting e-commerce activities, and e-commerce integration platforms

1. An e-commerce operation scheme of an intermediary e-commerce platform, a social media platform conducting e-commerce activities, or an e-commerce integration platform shall include at least the following contents:

a) General information on the unit managing and operating the platform, including: name, investment form, head office address, legal representative, contact method, and operational scope of the platform;

b) A description of the operational model of the e-commerce platform, including: the main functions, features, and basic operational processes of the platform; online ordering function; sales livestreaming function (if any); automated information system for entering into e-contracts; online communication function that integrates a tool for notifying confirmation of contract conclusion or other contract conclusion supporting tools; processes for receiving and handling feedback, requests, and complaints of organizations and individuals; processes for detecting and handling violations on the platform and the mechanism for coordination with competent state agencies upon request;

c) A description of the contents and organization plan for implementing the operational regulations of the e-commerce platform, including: operating conditions applied on the platform, and delineation of rights and responsibilities between the platform operator and the parties using services on the platform; operational regulations on sales livestreaming in cases where the platform conducts sales livestreaming activities.

2. In cases where the platform is a large digital platform, the e-commerce operation scheme must include the contents prescribed in Clause 1 of this Article; a description of the operational process of the online system for receiving and resolving feedback, requests, and complaints; and measures for automated reviewing, warning, and removing information on goods and services violating the law, 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 must register with the Ministry of Industry and Trade upon falling into any of the following cases:

a) The platform maintains a mechanism that allows the selection of the Vietnamese language on the platform, or the platform uses the Vietnam national domain name ".vn". The platform operator must obtain confirmation of registration prior to operating the platform in Vietnam;

b) The platform reaches 100,000 transactions or more with buyers in Vietnam within 01 year from January 01 of the calendar year. The platform operator must register within 60 days from the time of reaching the threshold. The number of transactions with buyers in Vietnam on the platform shall be determined based on data self-disclosed by the platform operator or data determined by competent state agencies.

2. A dossier for registration of a foreign direct-selling e-commerce platform with the online ordering function conducting e-commerce activities in Vietnam shall 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 must perform the procedures for modification of or supplement to the dossier of confirmed registration within 20 working days from the date of change in any of the following information:

a) Change in the platform name (website domain name, application name);

b) Change in the person responsible for the management and operation of the platform;

c) Change in the authorized legal person in Vietnam;

d) Change in information on the enterprise registration certificate or other equivalent documents issued by a competent foreign agency;

dd) Change in publicized contents on operating conditions or transaction conditions 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 perform the procedures for termination of registration in the following cases:

a) At the request of the e-commerce platform operator;

b) The e-commerce platform ceases operation or is transferred to another organization or individual;

c) Change in the tax identification number of the e-commerce platform operator.

5. State management agencies shall terminate the registration of a foreign direct-selling e-commerce platform with the online ordering function conducting e-commerce activities in Vietnam in the following cases:

a) It has been more than 30 days from the time the state management agencies send a request through the E-commerce Activity Management System to serve the management and supervision of e-commerce activities, but the e-commerce platform fails to respond to information;

b) The platform operator commits law violations that require termination of the e-commerce platform's operation in accordance with the law provisions 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 must register with the Ministry of Industry and Trade upon falling into any of the following cases:

a) The platform maintains a mechanism that allows the selection of the Vietnamese language on the platform, or the platform uses the Vietnam national domain name ".vn". The platform operator must obtain confirmation of registration prior to operating the platform in Vietnam and must satisfy the conditions for management and operation of e-commerce platforms as prescribed in Clause 1 or Clause 2, Article 34 of this Decree, corresponding to the operational model of the platform;

b) The platform reaches 100,000 transactions or more with buyers in Vietnam within 01 year from January 01 of the calendar year. The platform operator must register within 60 days from the time of reaching the threshold and must satisfy the conditions for management and operation of e-commerce platforms as prescribed in Clause 1 or Clause 2, Article 34 of this Decree, corresponding to the operational model of the platform. The number of transactions with buyers in Vietnam on the platform shall be determined based on data self-disclosed by the platform operator or data determined by competent state agencies.

2. The operator 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 perform the procedures for modification of or supplement to the dossier of confirmed registration within 20 working days from the date of change in any of the following information:

a) Change in the platform name (website domain name, application name);

b) Change in the person responsible for the management and operation of the platform;

c) Change in the designated authorized legal person;

d) Change in information on the enterprise registration certificate or other equivalent documents issued by a competent foreign agency;

dd) Change in the operational model of the e-commerce platform;

e) Change in publicized contents on operating conditions or transaction conditions on the platform;

g) Change in the terms of the service provision contract;

h) Change in or supplement to services provided on the platform.

3. The operator 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 shall perform the procedures for termination of registration in the following cases:

a) At the request of the e-commerce platform operator;

b) The e-commerce platform ceases operation or is transferred to another organization;

c) Change in the tax identification number of the e-commerce platform operator.

4. State management agencies shall terminate 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 in the following cases:

a) It has been more than 30 days from the time the state management agencies send a request through the E-commerce Activity Management System to serve the management and supervision of e-commerce activities, but the e-commerce platform fails to respond to information;

b) The platform operator commits law violations that require termination of the e-commerce platform's operation under the law provisions on handling of administrative violations.

Article 33. Dossiers for registration, modification of or supplement to registration, and termination of registration 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 shall include:

a) An information declaration using Form No. 02 in Appendix II to this Decree;

b) Photocopies of licenses, written certifications, certificates, written confirmations or approvals from competent agencies, or other similar documents when trading in goods and services on the list of conditional business investment lines under the law provisions on investment.

In cases where the data of the above-mentioned papers and documents is already available in electronic form with guaranteed legal validity and can be exploited through connection and sharing between the Administrative Procedure Resolution Information System and national databases, specialized databases, shared information systems, or the National Public Service Portal, they are not required to be re-provided;

c) Documents on the designation of a legal person in Vietnam as authorized by the foreign e-commerce platform operator.

2. A dossier for modification of or supplement to registration of a foreign direct-selling e-commerce platform with the online ordering function shall include:

a) An information declaration using Form No. 02 in Appendix II to this Decree;

b) Documents and papers proving the modified or supplemented contents (if any).

3. A dossier for termination of registration of a foreign direct-selling e-commerce platform with the online ordering function shall include:

a) An information declaration using Form No. 02 in Appendix II to this Decree;

b) Documents and papers proving the reason for termination of registration (if any).

4. The processes for performing registration, modification of or supplement to registration, and termination of registration of a foreign direct-selling e-commerce platform with the online ordering function shall comply with Section II in Appendix I to this Decree.

5. The Ministry of Industry and Trade shall carry out the confirmation of registration, confirmation of modification of or supplement to registration, and confirmation of terminating the registration of foreign direct-selling e-commerce platforms with the online ordering function.

Article 34. Conditions for management and operation 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. Conditions for 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 shall include:

a) Having an e-commerce operation scheme as prescribed in Article 30 of this Decree;

b) The authorized representative in Vietnam as specified in Clause 3, Article 27 of the Law on E-Commerce must be an individual residing in Vietnam or a legal person established under the law of Vietnam.

2. Conditions for 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 specified in Clause 5, Article 27 of the Law on E-Commerce shall include:

a) The conditions specified in Clause 2, Article 26 of this Decree;

b) Making a deposit of not less than VND 20 billion at a commercial bank in Vietnam or a foreign bank branch in Vietnam; the deposit must be maintained throughout the period the platform conducts e-commerce activities in Vietnam;

c) The person responsible for e-commerce activities of the designated legal person in Vietnam as specified at Point a, Clause 5, Article 27 of the Law on E-Commerce must be an individual residing in Vietnam.

Article 35. Dossiers for registration, modification of or supplement to registration, and termination of registration 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 shall include:

a) An information declaration using Form No. 02 in Appendix II to this Decree;

b) The dossier contents as specified at Points b, c, d, and dd, Clause 1, Article 27 of this Decree;

c) A power of attorney 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 power of attorney 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 power of attorney must clearly state the scope of authorization and ensure that the authorized party fully fulfills the responsibilities of the authorizing party;

d) Documents proving the satisfaction of the condition on making a deposit at a commercial bank in Vietnam or a foreign bank branch in Vietnam.

2. A dossier for modification of or supplement to 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 shall include:

a) An information declaration using Form No. 02 in Appendix II to this Decree;

b) Documents and papers proving the modified or supplemented contents (if any).

3. A dossier for termination of 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 shall include:

a) An information declaration using Form No. 02 in Appendix II to this Decree;

b) Documents and papers proving the reason for termination (if any).

4. The processes for registration, modification of or supplement to registration, and termination of 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 shall comply with Section II in Appendix I to this Decree.

5. The Ministry of Industry and Trade shall carry out the confirmation of registration, confirmation of modification of or supplement to registration, and termination of registration 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

DEPOSITS FOR E-COMMERCE ACTIVITIES IN VIETNAM OF FOREIGN E-COMMERCE PLATFORMS

Article 36. Deposits

1. A deposit is a sum of money maintained at a commercial bank in Vietnam or a foreign bank branch in Vietnam to guarantee the fulfillment of 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. The commercial bank in Vietnam or the foreign bank branch in Vietnam shall be responsible for coordinating with the Ministry of Industry and Trade to confirm in writing the contents related to the deposit confirmation document upon request.

3. In cases where there is a change in the information on the deposit confirmation document, the platform operator shall be responsible for adjusting the deposit confirmation document with the commercial bank in Vietnam or the foreign bank branch in Vietnam within 20 working days from the date of change.

4. The deposit amount shall be frozen throughout the operational period of the platform and may only be withdrawn or used upon a written approval for deposit withdrawal from the Ministry of Industry and Trade. The deposit may only be used to guarantee the fulfillment of the following obligations:

a) Paying damages to consumers in Vietnam under legally effective judgments or decisions of Courts or arbitration bodies;

b) Executing decisions on sanctioning of administrative violations in e-commerce activities;

c) Fulfilling tax obligations toward the Vietnamese State.

5. The commercial bank in Vietnam or the foreign bank branch in Vietnam where the platform operator makes the deposit shall be responsible for managing the deposit amount under the law provisions.

6. The platform operator making the deposit is entitled to interest on the deposit amount as agreed upon with the commercial bank in Vietnam or the foreign bank branch in Vietnam, and is permitted to withdraw the interest from the deposit amount.

Article 37. Withdrawal of 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 deposit upon confirmation by the Ministry of Industry and Trade of any of the following cases:

1. The platform operator has made a deposit of at least VND 20 billion at another commercial bank in Vietnam or another foreign bank branch in Vietnam;

2. The platform operator has its dossier for registration of the e-commerce platform rejected;

3. The platform operator has terminated registration and has fully fulfilled the obligations specified in Clause 4, Article 36 of this Decree.

Article 38. Dossiers for requesting deposit withdrawal

1. A dossier for requesting deposit withdrawal shall include:

a) A written request for deposit withdrawal using Form No. 04 in Appendix II to this Decree;

b) A deposit confirmation document from the commercial bank in Vietnam or the foreign bank branch in Vietnam where the platform operator makes the deposit;

c) Documents proving the completion of damage compensation to consumers and the fulfillment of financial obligations toward the State (if any).

2. The processes for performing the procedures for deposit withdrawal shall comply with Section IV in Appendix I to this Decree.

3. The commercial bank or foreign bank branch in Vietnam where the deposit account is opened shall only unfreeze the deposit account after receiving a written approval from the Ministry of Industry and Trade.

Article 39. Handling of deposited amounts

1. The deduction of money from a deposit account shall be carried out when the platform operator terminates registration but has not fully fulfilled the obligations specified in Clause 4, Article 36 of this Decree, or is operating the platform but fails to voluntarily execute a judgment or a decision on sanctioning of administrative violations issued by competent state agencies after the time limit for voluntary execution has expired.

2. The processes for performing the procedures for deposit deduction shall comply with Section V in Appendix I to this Decree.

3. Obligations to make supplementary deposits:

a) In cases where the deposit amount is deducted for payment into the state budget, resulting in an account balance lower than the minimum level of VND 20 billion, the platform operator shall be responsible for making a supplementary deposit within 30 days from the date the money is deducted;

b) Past the time limit specified at Point a of this Clause, if the platform operator fails to make a full supplementary deposit, the Ministry of Industry and Trade shall carry out the process for termination of registration of e-commerce activities of such platform.

Section 3

MARKET ACCESS CONDITIONS FOR FOREIGN INVESTORS IN THE E-COMMERCE SECTOR

Article 40. Market access conditions for foreign investors in the e-commerce sector

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 shall include:

a) Investment forms include establishing an economic organization, or investing in the form of capital contribution, purchase of shares, or purchase of capital contributions under the provisions of the Law on Investment;

b) A foreign investor that controls an organization being the operator of an intermediary e-commerce platform, a social media platform conducting e-commerce activities, or an e-commerce integration platform that is a large digital platform under the law provisions on protection of consumers' rights must obtain an appraisal opinion on national security from the Ministry of Public Security.

2. A foreign investor is considered to control an organization being the operator of an intermediary e-commerce platform, a social media platform conducting e-commerce activities, or an e-commerce integration platform specified at Point b, Clause 1 of this Article upon falling into any of the following cases:

a) The foreign investor holds ownership of more than 50% of the charter capital or more than 50% of the voting shares of the organization;

b) The investor directly or indirectly decides on the appointment, dismissal, or removal of the majority or all of the members of the board of directors, the chairperson of the member's council, the director, or the general director of the organization;

c) The investor has the right to decide on important matters in the business activities of the organization, including the selection of technology platforms and business organization forms; the selection of business lines, locations, and forms; the selection of adjusting the scale and business lines; and the selection of forms and methods for mobilizing, allocating, and using the business capital of such organization.

3. Competent state agencies shall seek a written appraisal opinion on national security from the Ministry of Public Security during the process of considering requests for issuance or modification of the business license of a platform operator specified at Point b, Clause 1 of this Article under the Government's regulations on goods trading activities and activities directly related to goods trading by foreign investors and foreign-invested economic organizations.

Chapter VI

E-CONTRACT CERTIFICATION SERVICES IN COMMERCE

Article 41. Responsibilities of organizations providing e-contract certification services in commerce

1. Ensuring the confidentiality, integrity, and authenticity of e-contracts stored and certified through their service provision systems.

2. Appointing an online contact point, providing documents, and supporting competent state agencies in investigating law violations related to e-contract certification services in commerce.

3. Publicizing the operational regulations on the provision of e-contract certification services in commerce in a visible position and in the Vietnamese language on their service provision systems.

4. Storing certified e-contract data fully and safely; ensuring the capability to access, look up, and provide such data upon request by competent state agencies. The storage period shall comply with the law provisions on accounting, which is at least 10 years from the time the e-contract is certified, unless otherwise prescribed by law for a longer period.

Article 42. Conditions for trading in e-contract certification services in commerce

1. An organization shall be issued a license for trading in e-contract certification services in commerce upon satisfying the following conditions:

a) Having a license for trading in trust services, with the permitted type of service being the provision of data message certification services under the law provisions on electronic transactions;

b) Having an e-contract certification service provision scheme in commerce as prescribed in Article 44 of this Decree.

2. A license for trading in e-contract certification services in commerce shall have a validity duration of 10 years.

Article 43. Dossiers for licensing, modification of or supplement to licenses, and revocation of licenses for trading in e-contract certification services in commerce

1. A dossier for licensing the trading in e-contract certification services in commerce shall include:

a) An information declaration using Form No. 03 in Appendix II to this Decree;

b) Photocopies of licenses, written certifications, certificates, written confirmations or approvals from competent agencies, or other similar documents proving the satisfaction of conditions for trading in e-contract certification services in commerce (if any).

In cases where the data of the above-mentioned papers and documents is already available in electronic form with guaranteed legal validity and can be exploited through connection and sharing between the Administrative Procedure Resolution Information System and national databases, specialized databases, shared information systems, or the National Public Service Portal, they are not required to be re-provided;

c) An e-contract certification service provision scheme in commerce with contents as prescribed in Article 44 of this Decree. The scheme template shall comply with Form No. 06 in Appendix II to this Decree.

2. A dossier for modification of or supplement to a license for trading in e-contract certification services in commerce shall include:

An organization providing e-contract certification services in commerce must perform the procedures for modification of or supplement to the license within 20 working days from the date of change in any of the following information: the person responsible for managing service provision activities; information on the enterprise registration certificate (for an enterprise) or the establishment decision (for an organization); publicized contents on certification regulations; or contents of the e-contract certification service provision scheme in commerce.

The dossier for modification of or supplement to the license shall include:

a) An information declaration using Form No. 03 in Appendix II to this Decree;

b) Documents proving the reason for modification of or supplement to the license (for cases of change in licensed contents).

In cases where the data of the above-mentioned papers and documents is already available in electronic form with guaranteed legal validity and can be exploited through connection and sharing between the Administrative Procedure Resolution Information System and national databases, specialized databases, shared information systems, or the National Public Service Portal, they are not required to be re-provided.

3. A license for trading in e-contract certification services in commerce shall be revoked in the following cases:

a) The organization providing e-contract certification services in commerce ceases service provision and submits a dossier for requesting revocation of the license for trading in e-contract certification services in commerce under Clause 4 of this Article;

b) The organization providing e-contract certification services in commerce commits law violations that require termination of operation under the law provisions on handling of administrative violations.

4. A dossier for requesting revocation of a license for trading in e-contract certification services in commerce shall include:

a) An information declaration using Form No. 03 in Appendix II to this Decree;

b) Documents (if any).

5. The processes for licensing, modification of or supplement to licenses, and revocation of licenses for trading in e-contract certification services in commerce shall comply with Section III in Appendix I to this Decree.

6. Provincial-level People's Committees shall carry out the licensing, modification of or supplement to licenses, and revocation of licenses for trading in e-contract certification services in commerce.

Article 44. Contents of schemes for provision of e-contract certification services in commerce

1. General information on the organization providing e-contract certification services in commerce, including: name, type of enterprise, head office address, legal representative, contact method, scope of service provision, license for trading in trust services, or documents proving the satisfaction of conditions under the law provisions.

2. A description of the plan for storing, guaranteeing the integrity of e-contract data, and the capability to look up certified e-contracts.

3. A description of the processes for receiving and handling requests, feedback, and complaints of organizations and individuals; processes for handling technical incidents and information security violations; and the mechanism for coordination with competent state agencies.

4. Operational regulations on e-contract certification in commerce and service provision policies publicly disclosed on the service provision information system under the regulations.

Chapter VII

APPLICATION OF TECHNOLOGY IN THE 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 be the unit building, managing, and operating the E-commerce Activity Management System at the address http://online.gov.vn, which is connected to the National Public Service Portal.

2. The E-commerce Activity Management System shall have the functions as specified in Clause 2, Article 37 of the Law on E-Commerce, in which several functions shall be performed specifically as follows:

a) Connecting with the National Public Service Portal to synchronize the results of administrative procedure resolution in the e-commerce sector. The result of administrative procedure resolution in the e-commerce sector shall be a corresponding electronic confirmation icon for notification, registration, or licensing attached to such digital platform. Upon selecting this icon, the user shall be directed back to the publicized information on the E-commerce Activity Management System;

b) Receiving information and resolving feedback, requests, and complaints of organizations and individuals regarding e-commerce platforms, sellers, or organizations providing e-commerce supporting services violating the law, including: information on the organization or individual sending the feedback, request, or complaint (name, identification number of the organization/individual, head office address of the organization, or residence of the individual); name of the e-commerce platform subject to the feedback; name of the seller; name of the organization providing e-commerce supporting services subject to the feedback; reason for the feedback; and photocopies of documents proving the violation. Feedback, requests, and complaints shall be recorded on the system and allow the sender to track the handling results;

c) Supervising e-commerce activities based on the e-commerce database and valid feedback, requests, and complaints in order to publicly warn of risks regarding e-commerce platforms or information on goods and services showing signs of violating the law;

d) Supervising the provision of e-contract certification services in commerce based on the data on e-contract certification services in commerce provided by the organizations;

dd) Receiving and handling online reports on e-commerce as prescribed in Article 22 of this Decree;

e) Publicizing the list of e-commerce platforms that have obtained confirmation of notification or registration; and the list of licensed organizations providing e-contract certification services in commerce, including: name of the e-commerce platform according to the notification or registration; name and contact information of the platform operator or the organization providing e-contract certification services in commerce; number of the enterprise registration certificate, number of the establishment decision for organizations, tax identification number of individuals, or tax identification number of household businesses.

Section 2

E-COMMERCE DATABASE

Article 46. Data scope of the e-commerce database

The e-commerce database shall include the following information:

1. Data on the management of e-commerce activities, including:

a) Information on e-commerce platforms that have performed the procedures for notification or registration with state management agencies in charge of e-commerce;

b) Information on e-commerce platforms subject to feedback or violating the law;

c) Results of inspection and handling of administrative violations in e-commerce;

d) The system of legal normative documents in the e-commerce sector;

dd) Data on e-contract certification services in commerce;

e) Information on complaints and feedback of consumers and intellectual property rights holders on the E-commerce Activity Management System;

g) Information on requests for removal or review of goods and services violating the law from competent state agencies;

h) Information on prohibited goods, counterfeit goods, goods infringing upon intellectual property rights, smuggled goods, goods of unknown origin, or goods violating other provisions of law in the e-commerce sector;

i) Information interconnected with other databases.

2. Data on online reports as prescribed in Article 22 of this Decree.

3. Data on import and export activities of goods via e-commerce, including:

a) Data on electronic customs declarations and declaration information on exported and imported goods via e-commerce;

b) Data on value, quantity, exporting countries, and importing countries via e-commerce;

c) Other relevant data.

4. Tax data in e-commerce, including:

a) The list of foreign e-commerce platforms conducting e-commerce activities in Vietnam that have registered for tax and declared tax;

b) Revenue and taxable income of e-commerce platform operators;

c) The number of sellers and total tax amount of sellers on e-commerce platforms with the online ordering function and payment function;

d) Other relevant data.

5. Data on transport, delivery, and receipt in e-commerce, including:

a) The number of transport, delivery, and receipt orders by locality;

b) Information on transport, delivery, and receipt of cross-border e-commerce goods into Vietnam: name of the exporting organization or individual; number of orders of each exporting organization or individual; and the quantity of imported goods by HS code;

c) Other relevant data.

Article 47. Information sources for building and updating the e-commerce database

1. The e-commerce database shall be established, collected, updated, and synchronized from the following sources:

a) Data from state management agencies in charge of e-commerce;

b) Data shared and synchronized from national databases and specialized databases maintained by ministries, sectors, and localities relevant to e-commerce activities;

c) Data shared and updated from e-commerce platforms, organizations providing e-contract certification services in commerce, organizations providing e-commerce supporting services, intellectual property rights holders, and other organizations and individuals relevant to e-commerce activities;

d) Data resulting from the performance of administrative procedures and public services in the e-commerce sector;

dd) Data from statistical reports in the e-commerce sector and relevant sectors that have been digitized, provided, and integrated by organizations and individuals.

2. Governing agencies and management agencies of national databases and specialized databases relevant to the data scope of the e-commerce database shall be responsible for updating and adjusting 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 completeness, accuracy, consistency, and data quality, and comply with the law provisions on data, the law provisions on e-commerce, and other relevant law provisions.

Article 48. Use and exploitation of information from the e-commerce database

1. Subjects using and exploiting information from the e-commerce database shall include:

a) The Ministry of Industry and Trade shall use data from the e-commerce database to serve state management activities regarding e-commerce;

b) State management agencies shall, according to their functions and duties, use information in the e-commerce database to serve state management within their competence;

c) Agencies, organizations, and individuals may exploit and use open data from the e-commerce database through the e-portal of the Ministry of Industry and Trade.

2. Methods for exploiting and using the e-commerce database shall include:

a) Connection and data sharing between national databases, specialized databases, other databases and information systems;

b) Through the National Data Portal, the National Public Service Portal, the e-portal of the Ministry of Industry and Trade, or the Administrative Procedure Resolution Information System of the Ministry of Industry and Trade;

c) Electronic identification and authentication platforms;

d) The national identification application;

dd) Equipment, means, and software provided by the unit managing and maintaining the data;

e) Other methods as approved by the Ministry of Industry and Trade.

Chapter VIII

STATE MANAGEMENT RESPONSIBILITIES

Article 49. Responsibilities of the Ministry of Industry and Trade

1. Advising and assisting the Government in performing the state management of e-commerce, and organizing the implementation of this Decree.

2. Receiving and handling administrative procedures on registration for e-commerce platforms, and administrative procedures related to the withdrawal of deposits.

3. Building, managing, and operating the E-commerce Activity Management System and the e-commerce database.

4. Organizing the construction, operation, maintenance, and upgrade of the information technology technical infrastructure and software for exploiting the e-commerce database at the central level, ensuring synchronization and consistency nationwide.

5. Providing information on e-commerce to organizations and individuals under the law provisions.

6. Providing technical guidance, monitoring, inspecting, and handling violations within its competence.

7. Assuming the prime responsibility for, and coordinating with relevant ministries, sectors, provincial-level People's Committees, and relevant agencies, organizations, and individuals in, selecting launching themes and building specific implementation plans; and guiding, directing, and organizing the implementation of the annual National E-Commerce Day, ensuring practicality, efficiency, and economy.

Article 50. Responsibilities of ministries, ministerial-level agencies, and other relevant agencies and organizations

1. Ministries and ministerial-level agencies shall, within the scope of their functions and duties, perform the following responsibilities:

a) Coordinating with the Ministry of Industry and Trade in managing e-commerce activities;

b) Basing on the plans and guidelines of the Ministry of Industry and Trade as well as the practical conditions of each ministry and sector to organize appropriate communication activities for the annual National E-Commerce Day;

c) Inspecting and handling law violations in e-commerce within their competence;

d) Connecting, sharing, and synchronizing information relevant to e-commerce with the e-commerce database within their competence.

2. The Ministry of Finance shall be responsible for connecting, sharing, and synchronizing the information specified in Clauses 3 and 4, Article 46 of this Decree; and after completing the customs declaration system relevant to the e-commerce database, notifying the Ministry of Industry and Trade of the list of foreign e-commerce platforms conducting e-commerce activities in Vietnam upon reaching the threshold of 100,000 transactions with buyers in Vietnam as prescribed at Point b, Clause 1, Article 31 and Point b, Clause 1, Article 32 of this Decree.

3. On the basis of written requests from competent state agencies, the Ministry of Public Security shall be responsible for providing written appraisal opinions on national security and sending them back to the competent state agencies as prescribed in Clause 3, Article 40 of this Decree.

4. Media and press agencies shall build communication plans regarding e-commerce and the National E-Commerce Day.

Article 51. Responsibilities of provincial-level People's Committees

1. Receiving and handling administrative procedures on notification for direct-selling e-commerce platforms with the online ordering function, and licensing the trading in e-contract certification services in commerce.

2. Performing the state management of e-commerce within their respective localities according to their competence.

3. Based on the plans and guidelines of the Ministry of Industry and Trade as well as the practical conditions of each locality, organizing appropriate communication activities for the annual National E-Commerce Day in their respective localities.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 52. Implementation provisions

1. This Decree takes effect on July 01, 2026, except for the case specified in Clause 2 of this Article.

2. E-commerce platform operators shall be responsible for performing electronic identity authentication of sellers and livestreamers from January 01, 2027.

3. The Government's Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce and the Government's Decree No. 85/2021/ND-CP dated September 25, 2021 amending and supplementing a number of articles of the Government's Decree No. 52/2013/ND-CP dated May 16, 2013, on e-commerce, cease to be effective from the effective date of this Decree, except for the cases specified in Article 53 of this Decree.

4. Amending the phrase “providing e-commerce services” to “managing and operating intermediary e-commerce platforms, social media platforms conducting e-commerce activities, and e-commerce integration platforms” in the Government's Decree No. 09/2018/ND-CP dated January 15, 2018, detailing the Commercial Law and the Law on Foreign Trade Management regarding goods trading activities and activities directly related to goods trading by foreign investors and foreign-invested economic organizations in Vietnam.

Article 53. Transitional provisions

E-commerce platforms (websites, applications) that have obtained confirmation of notification or registration of operation prior to July 01, 2026 may continue to operate according to the confirmed contents until the end of June 30, 2027. During this period, the platform operators shall perform the procedures for modification of or supplement to confirmed dossiers as prescribed in this Decree.

Article 54. Responsibilities for implementation

Ministers, heads of ministerial-level agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and relevant organizations and individuals shall be responsible for implementing this Decree.

On behalf of the Government

For the Prime Minister

Deputy Prime Minister

PHAM GIA TUC