Vietnam- New Law On E Commerce – What You Must Know

On 10 December 2025, the National Assembly officially passed the Law No. 122/2025/QH15 on E-Commerce ("Law on E-Commerce"), marking a historic shift in Vietnam's digital economy governance. Replacing the fragmented regulations of Decree 52/2013, this new Law on E-Commerce establishes a unified, comprehensive legal framework.

The Law on E-Commerce enters into force on 1 July 2026. Key highlights & impacts:

1. Expanded Scope and Classification
The Law introduces a nuanced classification system for digital platforms, moving beyond simple "sales" vs. "service" definitions.

1. Social Networks & Livestreams: Platforms with commercial functions (social commerce) and livestreaming activities are now explicitly regulated.
2. Influencer Liability: Individuals engaging in affiliate marketing or livestream sales are subject to specific transparency and consumer protection obligations.

2. Stricter Platform Responsibilities
Platform operators face significantly heightened compliance burdens, shifting from "passive intermediary" to "active gatekeeper."

1. Mandatory Identity Verification: Platforms must verify the identity of all domestic sellers using the VNeID (National Digital Identity) system. Foreign sellers must be verified via valid legal documentation.
2. Takedown Rule: Platforms are obligated to remove illegal contents after receiving a request from competent authorities.

3. Cross-Border E-Commerce
The Law clarifies the obligations for foreign entities without a physical presence in Vietnam.

1. Local Representation: Foreign platforms operating in Vietnam are not required to establish a local subsidiary but must designate a specific authorized legal representative/entity in Vietnam to handle compliance, dispute resolution, and regulatory reporting.
2. Data & Consumer Rights: Enhanced requirements for data storage and protection of consumer rights in Vietnam.

4. Joint Liability
A critical change is the introduction of joint liability. Platforms may now be jointly liable for compensation for damages with the sellers in the event of failure to comply with or incomplete compliance with the provisions of the Law on E-Commerce resulting in damage to the buyer.

The Law on E-Commerce itself provides broad principles and obligations, but detailed implementing regulations (decrees and circulars) will be required to operationalize many provisions — especially those on seller verification processes, cross-border platform obligations, algorithm transparency and reporting thresholds, and formal compliance procedures for foreign platforms. These implementing texts have not yet been published but are expected as part of the Government's regulatory rollout ahead of the Law's effective date.

Please do not hesitate to contact Dr. Oliver Massmann under omassmann@duanemorris.com if you have any questions or want to know more details on the above. Dr. Oliver Massmann is the General Director of Duane Morris Vietnam LLC.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.