New Key Points of the Law on E-commerce 2025: E-commerce Platforms

I. Expansion of scope and regulated subjects

Unlike Decree 52/2013/ND-CP (amended by Decree 85/2021/ND-CP), the Law on E-commerce 2025 ("Law on E-commerce 2025") does not stop at websites or traditional e-commerce floors. The Law on E-commerce 2025 stipulates policies on e-commerce development; e-commerce platforms and the responsibilities of organizations and individuals in e-commerce activities; e-commerce with foreign elements; responsibilities of organizations providing e-commerce support services; and the application of technology in the management and handling of violations in e-commerce.

According to the provisions of Article 2 of the Law on E-commerce 2025, the applied subjects include: domestic and foreign organizations and individuals participating in e-commerce activities in Vietnam.

II. Explanation of terms in the Law on E-commerce 2025:

1. E-commerce activities are commercial activities conducted partly or entirely in an electronic environment.

2. E-commerce platform is a digital platform established to perform e-commerce activities, including: direct business e-commerce platforms, intermediary e-commerce platforms, e-commerce social networks, and integrated e-commerce platforms.

3. Direct business e-commerce platform is an e-commerce platform established by organizations or individuals to directly sell goods or supply services.

4. Intermediary e-commerce platform is an e-commerce platform that allows other organizations and individuals to register accounts to perform activities of introducing, selling goods, or supplying services on that platform.

5. E-commerce social network is a social network integrated with at least one of the functions of online communication, online ordering, or livestreaming sales to support contract conclusion and e-commerce activities.

6. Integrated e-commerce platform is an e-commerce platform that allows the integration of other e-commerce platforms on that platform, not including platforms that only provide e-commerce support services or online communication for the integrated e-commerce platform itself.

7. E-commerce platform owner is an organization or individual with the right to manage, operate, and take responsibility for all activities of that platform.

8. Online ordering function is a function of an e-commerce platform that allows the conclusion of electronic contracts on that platform.

9. Online communication function is a function of an e-commerce platform that allows parties to exchange information through text messages, images, videos, voice messages, or making voice or video calls.

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.

15. Electronic contract authentication services in commerce are third-party services for storing and confirming the integrity of electronic contracts.

16. Automatic contract is an electronic contract concluded through an automated information system.

III. Principles in e-commerce activities

1. Organizations and individuals participating in e-commerce activities have the right to freely agree according to basic principles in commercial activities, not violating prohibited provisions of the law, not contrary to social ethics to establish, perform, and terminate the rights and obligations of each party in the activities.

2. Subjects participating in e-commerce activities shall comply with the provisions of this Law, the provisions of law on services, product quality, goods, standards, technical regulations, data, network security, advertising, tax, consumer protection, competition, and other relevant provisions of law.

3. E-commerce activities are not limited geographically, except where organizations or individuals limit the geographical scope themselves or as prescribed by law.

4. In cases where the owner of an intermediary e-commerce platform or an e-commerce social network performs services to provide information about the goods and services of the seller to consumers on the platform, that owner is a third party in providing information according to the provisions of law on consumer protection.

5. Business in goods and services in the List of conditional business investment sectors on e-commerce platforms must comply with the provisions of this Law and the specialized laws and fields regulating conditional business investment sectors.

6. The resolution of disputes in e-commerce is carried out through negotiation, mediation, commercial arbitration, courts, or other dispute resolution methods.

IV. Prohibited acts in e-commerce activities

1. Performing fraudulent or deceptive acts on e-commerce platforms.

2. Trading or facilitating others to trade on e-commerce platforms in illegal services, counterfeit goods, goods infringing intellectual property rights, smuggled goods, goods of unknown origin or provenance, expired goods, goods violating legal regulations on product quality, and other relevant legal regulations.

V. Public content on operating conditions and transaction conditions on e-commerce platforms

1. Basic contents on operating conditions that must be publicized on e-commerce platforms include:

a) Information about the e-commerce platform owner;

b) Privacy policy;

c) Rights and obligations of the parties;

d) Methods for receiving and resolving feedback, requests, and complaints.

2. The public content on the e-commerce platform specified in Clause 1 of this Article must be displayed in a prominent position on the platform, in Vietnamese, easy to understand, not misleading, not violating prohibited provisions of the law, not contrary to social ethics, ensuring equality between the parties, and complying with the provisions of law on civil, commercial, advertising, competition, consumer protection, and other relevant laws.

3. E-commerce platforms with online ordering functions must comply with the provisions of Clause 1 and Clause 2 of this Article and publicize the following transaction condition contents on the e-commerce platform:

a) Content generally applicable to goods and services: price policy, including the price of goods and services provided on the platform, types of service usage costs on the platform; conditions or restrictions on selling goods or providing services, including limits on time and geographical scope; payment policy; priority display policy; livestreaming sales operation regulations;

b) Content applicable to goods carried out according to the provisions of Point a, Clause 3 of this Article and content on delivery policy, return and refund policy;

c) Content applicable to services carried out according to the provisions of Point a, Clause 3 of this Article and content on service provision methods, service termination, and refund policies.

E-commerce platforms must have a mechanism for users to express their consent to the contents specified in Clause 1 of this Article before opening an account on the e-commerce platform.

VI. Ordering on e-commerce platforms with online ordering functions

1. E-commerce platforms with online ordering functions must display clearly, fully, and accurately for the relevant parties the content of the contract conclusion agreement and have a mechanism allowing the buyer, before ordering, to express consent to the contents specified in Clause 3, Article 11 of this Law and the following contents:

a) Goods or services, quantity, and type;

b) Method and term for delivery and service supply;

c) Form of promotion applied;

d) Details of the amount to be paid for goods and services, including: value of goods and services, taxes, shipping costs, and other costs;

đ) Payment method.

2. E-commerce platforms with online ordering functions must have a mechanism allowing the buyer to review and amend the contents specified in Points a, b, c, and đ, Clause 1 of this Article before ordering.

3. After ordering, the contents specified in Clause 1 of this Article must be displayed and accessible from the buyer's account.

VII. Automatic contract conclusion on e-commerce platforms

1. E-commerce platforms integrated with automated information systems for electronic contract conclusion must display the contents specified in Clause 1, Article 12 of this Law before concluding the contract.

2. The owner of an e-commerce platform integrated with an automated information system for electronic contract conclusion is responsible for technical conditions, ensuring that the automatic conclusion, performance, and termination of contracts are conducted transparently, safely, and are traceable and storable.

3. After ordering, the contents specified in Clause 1 of this Article must be displayed and accessible from the buyer's account.

VIII. Responsibilities of sellers on intermediary e-commerce platforms and e-commerce social networks

1. Sellers on intermediary e-commerce platforms without online ordering functions and e-commerce social networks without online ordering functions perform the following responsibilities:

a) Provide information to the e-commerce platform owner to serve the authentication of the seller's identity;

b) Provide the e-commerce platform owner with information about the name and business location of the enterprise or business household according to the registration performed with the business registration agency; the name and address of the organization's headquarters; the name and residential address of the individual;

c) Publicize information about services according to the provisions of relevant laws; information about the quality of products and goods on e-commerce platforms according to the provisions of law on product and goods quality; mandatory information displayed on goods labels according to the provisions of law on goods labeling, except for information of a specific nature displayed on goods labels regarding the date, month, and year of manufacture; expiration date; production batch number; chassis number, engine number;

d) Provide information on e-commerce activities upon request by competent state agencies.

2. Sellers on intermediary e-commerce platforms with online ordering functions and e-commerce social networks with online ordering functions perform the following responsibilities:

a) Responsibilities specified in Clause 1 of this Article;

b) Use only their own payment accounts on the e-commerce platform;

c) Provide the e-commerce platform owner with full documents proving compliance with business investment conditions for conditional business investment sectors before performing activities of selling goods or supplying services on the platform;

d) In case of discovering defective goods according to the provisions of law on consumer protection, the seller must provide information about the defective goods to the e-commerce platform owner for public disclosure on the platform, carry out recall and handling of defective goods, and compensate for damages according to the provisions of law on consumer protection and other relevant legal provisions.

FAQ: VIETNAM LAW ON E-COMMERCE 2025

1. When does the Law on E-commerce 2025 officially take effect?

The Law was passed on December 10, 2025, and will officially come into force on July 1, 2026.

2. Is livestreaming sales regulated under the new Law?

Yes. The Law on E-commerce 2025 provides specific definitions for "Livestreaming sales" and "Livestreamers." Platforms offering these functions must comply with regulations regarding contract conclusion and the public disclosure of transaction conditions.

3. What are the responsibilities of sellers on social media (e.g., TikTok, Facebook)?

Sellers must provide identification information and business addresses to the platform owner. They are required to publicize product quality and labeling information. Notably, they must use only their own registered payment accounts on the platform.

4. What is an "Automated Contract" under the new regulations?

An automated contract is an electronic contract concluded through an automated information system. Platform owners are responsible for ensuring that the technical conditions for such conclusions are transparent, secure, and traceable.

5. How are consumer rights protected when purchasing defective goods on e-commerce platforms?

Sellers are obligated to notify the platform owner of any defective goods to ensure public disclosure. They must also carry out recalls, handle the defective products, and provide compensation in accordance with consumer protection laws.

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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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