I. Key Legal Provisions of the E-commerce Law 2025

1.1. Clear allocation of responsibilities among parties in livestream sales activities

With respect to livestream selling activities, the E-commerce Law 2025 establishes a relatively comprehensive legal framework that clearly delineates the responsibilities of the participating parties, including platform operators, sellers, and livestream hosts. Accordingly, e-commerce platforms are required to issue and publicly disclose rules governing livestream sales, carry out electronic authentication of livestream hosts’ identities (VNeID), establish mechanisms for receiving and resolving consumer feedback and complaints, and proactively suspend livestreams, remove infringing content, and retain livestream data in accordance with state management requirements.

Sellers are obligated to provide complete legal documentation evidencing their eligibility to conduct business, the quality of goods, and, where required by law, written confirmations of advertising content, as well as to complete electronic identification procedures.

In addition, livestream hosts must comply with the platform’s livestream rules, assume responsibility for the accuracy and truthfulness of the information provided, refrain from misleading or false advertising, and refuse to cooperate where sellers fail to satisfy the applicable legal requirements.

The combination of identity authentication, information transparency, and content control requirements is intended not only to curb fraud, misleading advertising, and substandard goods, but also to enhance the accountability of platforms, sellers, and livestream hosts. As a result, livestream selling activities are placed within a more stringent legal framework, laying the groundwork for consumer protection, strengthened market confidence, and the stable, transparent, and sustainable development of e-commerce in the next phase.

1.2. Strengthening the responsibilities of cross-border e-commerce platforms in Vietnam

In addition to tightening regulatory oversight over participants in livestream sales activities, the E-commerce Law 2025 further strengthens compliance obligations under Vietnamese law for cross-border e-commerce platforms. Specifically, depending on their business models and degree of involvement in transactions, foreign-involved platforms are required to establish a form of legal presence in Vietnam, ranging from the appointment of an authorized representative to the establishment of a domestic legal entity.

In particular, platforms engaging in direct sales or intermediary activities with online ordering functions, as well as social media platforms integrating transactional features, are required to establish a legal entity in Vietnam where they opt to display content in Vietnamese, use the national “.vn” domain name, or reach a prescribed transaction threshold with Vietnamese consumers. In the case of an international treaty to which the Socialist Republic of Vietnam is a member and which commits not to require the establishment of a legal entity, these platforms shall appoint a legal entity in Vietnam by authorization, make deposits at a commercial bank in Vietnam or a branch of a foreign bank in Vietnam, and ensure compliance with the conditions for platform management and operation.

For platforms that do not directly participate in the ordering process, the minimum obligation is to appoint an authorized representative in Vietnam and to comply with applicable platform management and operational requirements. This regulatory approach reflects the authorities’ efforts to align legal responsibilities with the level of control and economic benefits that foreign platforms derive from the Vietnamese market. In doing so, it addresses long-standing regulatory gaps in relation to cross-border actors, while contributing to fair competition for domestic enterprises and mitigating the risk of tax revenue leakage in the context of the rapid expansion of e-commerce activities.

1.3. Improving the operating environment of e-commerce

Beyond regulating cross-border e-commerce platforms, the E-commerce Law 2025 also seeks to improve the domestic e-commerce operating environment by strengthening transparency requirements in relation to transaction-supporting services organized or integrated by platforms. Accordingly, where an e-commerce platform cooperates with providers of payment services, intermediary payment services, or logistics services, the platform operator is required to fully disclose information regarding such service providers on the platform. This includes clearly displaying the names, scope, and applicable conditions of each service in respect of specific categories of goods and services, in accordance with the content and scope of the relevant cooperation agreements.

Notably, platforms are required to establish mechanisms that allow users to freely choose among payment service providers, intermediary payment service providers, and logistics service providers, rather than imposing or defaulting to a single provider. This requirement not only enhances consumer autonomy in transaction decisions, but also helps mitigate risks of conflicts of interest, abuse of market position, and anti-competitive practices within the e-commerce ecosystem.

1.4. Promoting green and sustainable e-commerce

The E-commerce Law 2025, for the first time, formally recognizes a policy orientation toward the development of e-commerce in a green and sustainable direction through measures encouraging investment in environmentally friendly infrastructure and operating models. At this stage, however, such provisions remain largely policy-oriented in nature, as detailed implementing guidelines on criteria, roadmaps, or specific incentive mechanisms for participating enterprises have yet to be issued.

Nevertheless, it can be understood that the State is steering e-commerce stakeholders toward the gradual adoption of emission-reduction solutions in their business operations, the prioritization of environmentally friendly, recyclable, or biodegradable packaging, and the optimization of logistics activities in order to minimize adverse environmental impacts. On this basis, e-commerce enterprises may proactively review their operating models and invest in technology and sustainable supply chains at an early stage. Such proactive measures would not only facilitate future regulatory compliance, but also enhance corporate reputation, long-term competitiveness, and alignment with the rapidly growing trend of green consumption.

II. Challenges and Opportunities for Enterprises

2.1. Opportunities

The promulgation of the E-commerce Law 2025 establishes a unified and comprehensive legal framework for e-commerce activities, thereby creating significant opportunities for enterprises that comply with the law and pursue long-term development strategies. First, the provisions on seller identity authentication, regulation of livestream selling activities, and control of advertising content contribute to enhancing market transparency and standardization. As fraudulent practices, misleading advertising, and non-compliant business activities are subject to stricter control, consumer confidence in online transactions is strengthened. This, in turn, creates a clear competitive advantage for enterprises that operate in a structured manner, possess the capacity to supply quality goods and services, and fully comply with legal requirements.

Alongside these measures, the strengthening of legal responsibilities imposed on e-commerce platforms, particularly cross-border platforms, helps narrow the disparity in competitive conditions between domestic and foreign enterprises. Requirements relating to legal presence in Vietnam not only enhance the effectiveness of state management and ensure tax compliance, but also foster a more level playing field, thereby protecting the legitimate interests of domestic enterprises and encouraging long-term investment in the Vietnamese market.

In addition, policy orientations toward the development of e-commerce infrastructure, logistics, and green e-commerce create room for enterprises to restructure their business models, adopt technology-driven solutions, optimize operating costs, and enhance brand reputation. As consumers increasingly place emphasis on sustainability and corporate social responsibility, proactive alignment with these policy directions may become a strategic advantage, enabling enterprises to strengthen competitiveness and achieve stable, long-term growth.

2.2. Challenges

At the same time, the E-commerce Law 2025 also presents significant challenges for enterprises, particularly during the initial implementation and transitional period. New requirements relating to electronic authentication, transaction data retention, transparency of seller information, and the control of advertising and livestream content are expected to substantially increase compliance costs. Enterprises are required to invest in information technology infrastructure, enhance internal governance processes, and strengthen legal and compliance resources in order to meet these newly imposed legal obligations.

For small and medium-sized enterprises, household businesses, and flexible business models that rely heavily on social media platforms, such requirements may constitute a considerable barrier to market entry or business expansion in the e-commerce sector.

Moreover, as the system of implementing regulations and guiding documents for the Law is still under development, the risk of inconsistent interpretation and application by different regulatory authorities cannot be ruled out. This uncertainty may further increase legal risks and contingency costs for enterprises. Accordingly, the challenges arise not only from the substance of the new regulations themselves, but also from enterprises’ capacity to adapt and from the effectiveness and consistency of law enforcement in practice.