E-commerce Law 2025: Affiliate & Livestream Responsibilities

I. Definitions of Livestreaming sales and affiliate marketing services:

According to the provisions in Clauses 10, 11, 12, 13, and 14 of Article 3 regarding the explanation of terms in the Law on E-commerce 2025 ("LEC"), livestreaming sales activities and affiliate marketing services are understood as follows:

"10. Livestreaming sales is live and online broadcasting on an e-commerce platform to transmit content in the form of sound and images for the purpose of advertising and introducing goods and services, and allowing orders through the online ordering function on that platform.

11. Livestreamer is the person who directly appears on the e-commerce platform to perform livestreaming sales.

12. Affiliate marketing services in e-commerce are the advertising of goods and services through access links, referral codes, or similar methods linked to e-commerce platforms.

13. Organizations and individuals providing affiliate marketing services in e-commerce are organizations or individuals that create access links, referral codes, or similar methods to link with e-commerce platforms.

14. Affiliate marketer in e-commerce is a person who introduces goods and services on digital platforms through access links, referral codes, or similar methods created by organizations or individuals providing affiliate marketing services in e-commerce."

II. Responsibilities of e-commerce platform owners in livestreaming sales activities

The e-commerce platform owner (the organization or individual with the right to manage, operate, and take responsibility for the entire operation of that platform, according to the provisions in Clause 7, Article 3 of the Law on E-commerce 2025) has the following responsibilities in livestreaming sales activities as prescribed in Article 22 of the LEC:

1. Publicize the livestreaming sales operation regulations on the platform, including control and prevention measures.

2. Have a mechanism for receiving and resolving feedback, requests, and complaints from viewers in livestreaming sales activities and ensure viewers can implement this mechanism throughout the livestreaming sales process and after the livestreaming sales end.

3. Provide tools that allow livestreamers to display warning content when livestreaming sales for goods and services that pose a risk of causing insecurity or adversely affecting the life, health, and property of buyers as prescribed by law.

4. Perform electronic identification of the livestreamer's identity in accordance with the law on electronic identification and authentication before allowing livestreaming sales. In case the livestreamer is a foreigner, identity shall be verified through legal documents.

5. Require sellers to provide written confirmation of advertising content for goods and services that the law requires must have a written confirmation of advertising content before allowing livestreaming sales.

6. Stop live broadcasting and remove displayed information and link paths immediately upon discovery or at the request of competent state agencies in the following cases:

a) Livestreaming sales content violates the law or uses language, images, costumes, or behaviors contrary to social ethics and fine customs;

b) Livestreaming sales for goods prohibited from circulation or goods whose circulation is being suspended on the market at the request of competent state agencies; goods and services prohibited from advertising according to the law on advertising;

c) Livestreaming sales content for goods and services that the law requires must have a written confirmation of advertising content when there is no written confirmation issued by a competent state agency.

7. Store and ensure access to information and data regarding images and sounds of livestreaming sales activities for a period of at least 01 year from the time of transmission.

III. Responsibilities of sellers in livestreaming sales activities

Sellers in livestreaming sales activities must have the following responsibilities as prescribed in Article 23 of the LEC:

1. Before performing livestreaming sales, the seller must provide the livestreamer with full proof of the following:

a) Documents proving compliance with business investment conditions for conditional business investment sectors before livestreaming sales;

b) Papers and documents proving compliance with product and goods quality according to the law on product and goods quality.

2. For goods and services that, according to the law, must have a written confirmation of advertising content before advertising, the seller shall provide the confirmation document to the platform owner and the livestreamer before performing livestreaming sales. The livestreaming sales content must be consistent with the confirmed advertising content.

3. Stop cooperation, stop live broadcasting, and remove displayed information immediately upon discovery or at the request of competent state agencies regarding legal violations.

IV. Responsibilities of livestreamers

Livestreamers have the following responsibilities during the livestreaming process:

1. Provide information to the e-commerce platform owner to serve the authentication of the livestreamer's identity.

2. Comply with the livestreaming sales operation regulations publicized on the platform during the livestreaming sales process.

3. Refuse cooperation when the seller does not provide full information as prescribed in Clause 1 and Clause 2, Article 23 of this Law.

4. Do not provide false or misleading information about the uses, origin, quality, price, promotion policy, warranty, and other contents related to goods and services.

5. Implement advertising content that has been confirmed by a competent state agency for goods and services that the law requires confirmation of advertising content.

6. Do not use language, images, costumes, or behaviors contrary to social ethics and fine customs during the livestreaming sales process.

7. Stop cooperation, stop live broadcasting, and remove displayed information immediately upon discovery or at the request of the seller or at the request of competent state agencies regarding legal violations.

V. Responsibilities of organizations and individuals providing affiliate marketing services in e-commerce

The responsibilities of organizations and individuals providing affiliate marketing services in e-commerce are prescribed in Article 25 of the LEC as follows:

1. Before establishing access links, referral codes, or similar methods, organizations and individuals providing affiliate marketing services shall perform the following responsibilities:

a) Perform electronic identification of the affiliate marketer's identity according to the law on electronic identification and authentication before allowing affiliate marketing. In case the affiliate marketer is a foreigner, identity shall be verified through legal documents.

b) Refuse to provide services for goods and services prohibited from business investment, goods and services violating the law publicized on the E-commerce Activity Management System, or multi-level marketing businesses without a multi-level marketing registration certificate, or at the request of competent state agencies; goods and services posted on e-commerce platforms that have been publicly notified of legal violations by competent state agencies on the E-commerce Activity Management System.

2. For established access links, referral codes, or similar methods, organizations and individuals providing affiliate marketing services shall perform the following responsibilities:

a) Prevent and remove links for goods and services violating the law upon discovery or at the request of competent state agencies;

b) Provide information on affiliate marketing activities in e-commerce at the request of state management agencies for e-commerce.

VI. Responsibilities of affiliate marketers in e-commerce

1. Before performing affiliate marketing, the affiliate marketer shall perform the following responsibilities:

a) Provide information to the organization or individual providing affiliate marketing services for the purpose of electronic authentication and identification;

b) Refuse to perform affiliate marketing on digital platforms that have been publicly notified by competent state agencies of violations of national security, social order, and safety, or on digital platforms operating multi-level marketing without a multi-level marketing registration certificate;

c) Refuse to perform affiliate marketing associated with content that uses language, images, costumes, or behaviors contrary to social ethics and fine customs.

2. For established access links, referral codes, or similar methods, the affiliate marketer shall perform the following responsibilities:

a) Remove links for goods and services violating the law or at the request of competent state agencies;

b) Provide information on affiliate marketing activities in e-commerce at the request of state management agencies for e-commerce.

VII. Conclusion:

The Law on E-commerce 2025 marks a significant milestone in finalizing the legal framework for the digital economy in Vietnam. By tightening the management of new models such as livestreaming sales, affiliate marketing, and automated contracts, the Law not only protects consumer rights but also creates a fair and transparent business environment for enterprises. Mastering and correctly implementing the new regulations from July 1, 2026, is an urgent requirement for organizations and individuals to maintain their competitive advantage and avoid unnecessary legal risks.

VIII. FAQ

Q1: What are the new responsibilities for livestreamers under the 2025 Law?

A: Livestreamers must provide identity verification, comply with platform regulations, and are prohibited from providing false information about product quality, origin, or pricing.

Q2: Does the Law on E-commerce 2025 apply to foreign individuals?

A: Yes. The Law applies to both domestic and foreign organizations and individuals participating in e-commerce activities within Vietnam.

Q3: How long must livestream data be stored?

A: Platform owners are required to store audio and video data of livestreaming activities for at least one year from the date of transmission.

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The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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