The E-Commerce Law 2025 – A New Legal Framework for Vietnam’s Digital Economy

1 April, 2026 | TNTP LAW | Legal newsletter

The E-Commerce Law was passed by the 15th National Assembly on 10 December 2025 and will take effect on 1 July 2026 (the “E-Commerce Law 2025”), marking the first time Vietnam has enacted a specialized law comprehensively governing commercial activities conducted in the electronic environment. The E-Commerce Law 2025 establishes a unified legal framework for digital business models, strengthens consumer protection, and enhances the effectiveness of state management in the context of a rapidly developing and increasingly complex digital economy. This article by TNTP analyzes several key aspects of the E-Commerce Law 2025.

1.Redefinition and classification of e-commerce platform operating models

Pursuant to Clauses 2 to 6, Article 3 of the E-Commerce Law 2025, an e-commerce (“EC”) platform is a digital platform established to conduct EC activities, comprising the following four EC platform models:

First, a direct-sale EC platform is an EC platform established by an organization or individual to directly sell goods or provide services.
Second, an intermediary EC platform, being an EC platform that allows other organizations or individuals to register accounts to introduce and sell goods or provide services on the platform.
Third, a social network engaged in e-commerce, being a social network that integrates at least one of the following functions: online communication, online ordering, or livestream sales, to facilitate contract formation and the conduct of EC activities.
Fourth, an integrated EC platform, being an EC platform that allows the integration of other EC platforms into itself, excluding platforms that merely provide EC support services or online communication services for the integrated EC platform.

Accordingly, the E-Commerce Law 2025 classifies e-commerce platforms into four basic models based on core functions such as selling goods, online ordering, livestream sales, and online communication.

2.Seller identification

The E-Commerce Law 2025 establishes a mandatory seller identification system on platforms through the use of the national electronic identification and authentication system (VNeID), specifically:

Under Article 17 of the E-Commerce Law 2025, operators of intermediary platforms must carry out electronic identity verification in accordance with the laws on electronic identification and authentication before allowing sellers to conduct sales activities.
For livestream sales activities, Clause 4, Article 22 of the E-Commerce Law 2025 requires platform operators to electronically verify the identity of livestream sellers before permitting livestream activities.
With respect to affiliate marketing activities, pursuant to Clause 1, Article 25 of the E-Commerce Law 2025, organizations providing affiliate marketing services must verify the identity of affiliates before establishing access links or referral codes.
Where sellers, livestream sellers, or affiliates are foreign individuals, identity verification must be conducted through lawful documents.

In addition, pursuant to Point d, Clause 1, Article 17 and Article 21 of the E-Commerce Law 2025, operators of intermediary EC platforms are required to publicly disclose information provided by sellers after verification, including: the name and address of the business organization or individual; enterprise identification number or tax code; and contact details enabling consumers to submit complaints or requests.

Accordingly, from 1 July 2026, online sellers and livestream sellers may only operate after completing electronic identity verification. This requirement aims to enhance traceability of business entities, support tax administration, and protect consumers in the context of increasingly complex fraud, counterfeit goods, and intellectual property infringements in the e-commerce market.

3.Strengthening the responsibilities of e-commerce platform operators in livestream sales activities

The E-Commerce Law 2025, for the first time, codifies livestream sales as a business model, which has been developing rapidly and gaining widespread popularity in recent years. Article 22 of the E-Commerce Law 2025 tightens regulations on the responsibilities of platform operators in livestream sales activities, specifically as follows:

The E-Commerce Law 2025 requires platform operators to establish systems for receiving and handling viewers’ feedback and complaints during livestreams and after their conclusion, ensuring that consumers can protect their rights in a timely manner.
For goods and services that may pose risks to the health, life, or property of buyers, platforms must provide clear warning tools during livestream broadcasts.
Notably, platform operators are obligated to retain images, audio, and all livestream sales content for a minimum period of one year, thereby providing a legal basis for inspection, supervision, and enforcement by competent state authorities.
Upon detecting violations or at the request of regulatory authorities, platform operators must immediately suspend livestreams and remove infringing content and links, shifting responsibility from a passive to a proactive approach in controlling livestream sales activities.

4.Regulations on the presence of foreign e-commerce platform operators in Vietnam

The E-Commerce Law 2025 introduces a new regulatory mechanism for foreign e-commerce platforms, moving away from a server-location-based approach toward an assessment based on the extent of substantive participation in the Vietnamese market.

Under Clause 1, Article 27 of the E-Commerce Law 2025, a foreign e-commerce platform is deemed to be operating in Vietnam if it meets the following criteria:

The platform operator is a foreign organization lawfully established and operating under foreign law.
The platform provides an option to display content in Vietnamese, uses Vietnam’s national domain name “.vn”, or reaches a transaction threshold with buyers in Vietnam, excluding direct-sale EC platforms without online ordering functions.

On that basis, Clauses 2 and 3, Article 27 of the E-Commerce Law 2025 impose legal presence obligations on foreign platform operators corresponding to their operating models, through the establishment of a legal entity or the appointment of an authorized representative, as follows:

For direct-sale platforms with online ordering functions, the operator must appoint an authorized legal entity in Vietnam before offering a Vietnamese language interface, using the “.vn” domain, or upon reaching the transaction threshold.
For platforms without online ordering functions, the operator must still appoint an authorized representative in Vietnam before offering a Vietnamese language interface or using the national domain name “.vn”, and must satisfy conditions relating to the management and operation of the EC platform.
For intermediary EC platforms with online ordering functions, social networks engaged in e-commerce with online ordering functions, and integrated EC platforms, the operator must establish a legal entity in Vietnam before offering a Vietnamese language interface, using the national domain name “.vn”, or upon reaching the transaction threshold with buyers in Vietnam, unless otherwise provided by law.

Where an international treaty to which Vietnam is a party contains commitments prohibiting the requirement to establish a legal entity, the E-Commerce Law 2025 nevertheless maintains a mechanism to ensure financial responsibility by requiring mandatory deposits at a commercial bank or a branch of a foreign bank in Vietnam, thereby mitigating the risk of cross-border platforms evading their legal obligations.

The E-Commerce Law 2025 represents a significant step forward in completing Vietnam’s legal framework, paving the way for a transparent, orderly, and sustainable digital economy. Businesses operating in related sectors should proactively update and adjust their operational processes to ensure compliance with applicable legal requirements.

The above is TNTP’s article on “The E-Commerce Law 2025 – A New Legal Framework for Vietnam’s Digital Economy”. We hope this article is useful to readers. Should you require further assistance, please do not hesitate to contact TNTP.

Sincerely,

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