Brandnew e-commerce law to address policy gaps

DNHN - The proposed law seeks to address gaps in existing regulations and keep pace with technological advancements and evolving business models.

The Ministry of Industry and Trade (MoIT) has announced plans for a comprehensive E-Commerce Law, aiming to provide a clear and robust legal foundation for the rapidly growing sector in Việt Nam.

The proposed law seeks to address gaps in existing regulations and keep pace with technological advancements and evolving business models.

The new law will provide definitions for terms such as digital platforms and intermediary platforms, eliminating ambiguity and ensuring consistency. It will establish comprehensive rules for e-commerce activities, defining the rights and responsibilities of stakeholders to ensure that all business models and participants are included.

The role of service providers will also be clearly defined, allowing authorities to address issues such as the sale of illegal goods and services while mitigating risks to information security and cybersecurity.

The legislation will introduce measures to ensure fairness and reliability in e-contract services, making legal processes related to electronic agreements more efficient. Furthermore, it will focus on promoting sustainable e-commerce practices and fostering economic growth while minimising environmental impact.

The Ministry plans to present the draft E-Commerce Law to the National Assembly in October 2025, with approval expected by May 2026. By establishing a comprehensive legal framework, Việt Nam aims to enhance consumer protection, foster innovation and drive the continued growth of its digital economy.

Việt Nam’s e-commerce market has seen remarkable growth, becoming the third-largest in Southeast Asia by 2024 and ranking fifth globally for growth in 2022. The country’s B2C e-commerce market surged from US$2.97 billion in 2014 to $20.5 billion in 2023, with annual growth rates of 20–30 per cent. By 2023, e-commerce contributed eight per cent of the nation’s total revenue from goods and services.

Shopee (by Sea Group) dominates the market with aggressive marketing and promotions, making it the most visited platform in Việt Nam. Meanwhile, Tiki, Sendo and Lazada Việt Nam are among the leading platforms. Tiki is known for its strong logistics network, while Sendo focuses on rural areas.

Global platforms like Amazon and Alibaba's AliExpress have a presence but face competition from established local and regional players. With a young and dynamic population, over 70 per cent of online purchases are made via mobile devices with electronics, fashion, beauty products and home appliances being among the most popular purchases.

The MoIT has proposed a dedicated E-Commerce Law to replace existing decrees, following the example of countries like Malaysia, China and the Philippines, which have adopted similar laws based on the UNCITRAL Model Law on Electronic Commerce. This model ensures the legal validity of electronic transactions and promotes a secure environment for online businesses.

In other regions such as the European Union and Indonesia, regulations like the E-Commerce Directive and Indonesia’s Regulation No. 80/2019 govern e-commerce activities without requiring a standalone law. Việt Nam’s proposed legislation aims to combine global best practices with the unique needs of its digital economy. 

By VNS