What are key policies in the draft Law on E-Commerce in Vietnam?

What are key policies in the draft Law on E-Commerce in Vietnam?​ (Image from the internet)

What are key policies in the draft Law on E-Commerce in Vietnam?

The Ministry of Industry and Trade of Vietnam has announced the proposal dossier for the construction of the Law on E-Commerce, which includes the Detailed Outline of the Draft Law on E-Commerce.

Based on practical enforcement evaluation and identifying necessary contents to supplement and complete for the formulation of e-commerce policies in the upcoming period, the Ministry of Industry and Trade has identified the following major policies:

(1) Policy 01: Supplement and unify concepts under the current legal regulations

- Clearly define the concepts of digital platform, intermediary digital platform, and other relevant concepts suitable for the e-commerce field and ensure harmony with other existing Laws.

- Ensure consistency and unity in the legal system.

(2) Policy 02: Regulations on forms of e-commerce activities, entities participating in e-commerce activities, related rights, and obligations

- Continue the current regulations of Decree 52/2013/ND-CP, ensuring accurate identification of e-commerce operation models (e-commerce websites/apps, service-providing websites/apps, social networks with online ordering features, cross-border e-commerce service-providing websites/apps, etc.), and entities participating in e-commerce activities.

- Ensure no e-commerce operation models or entities are overlooked.

- Ensure comprehensive and clear regulations on the responsibilities and powers of entities to enhance the effective implementation of the regulations.

- Ensure compatibility with the existing legal system, without causing conflicts or overlaps with current valid documents.

- Ensure transparency in authority, clarity in the liability limits of state management agencies, promoting decentralization among state management agencies in the e-commerce field.

(3) Policy 03: Responsibilities of e-commerce support service providers

- Create mechanisms for competent state management agencies to implement technical measures to block information regarding goods and services violating Law on E-Commerces.

- Create mechanisms for competent state management agencies to require e-commerce support service providers to sign service contracts with e-commerce platforms.

(4) Policy 04: Regulations on electronic contract authentication services in commerce

- Ensure fair treatment of trust service provisions.

- Promptly detect and handle legal violations related to electronic contracts.

(5) Policy 05: Regulations on the construction and development of e-commerce

- Institutionalize the Communist Party and Government of Vietnam's perspectives, guidelines, and directions on promoting e-commerce development.

- Promote green and sustainable e-commerce development, contributing to efficient economic development, adding value to the community, contributing to building a just society, and minimizing negative environmental impacts.

Outlined above are the five notable policies in the Draft Law on E-Commerce.

The Ministry of Industry and Trade plans to include the Law on E-Commerce in the National Assembly's 2025 law and ordinance construction program (for consideration and opinion at the 10th Session of the 15th National Assembly in October 2025 and passage at the 11th Session in May 2026).

What are the contents of state management over e-commerce in Vietnam?

According to Clause 5, Article 1 of Decree 85/2021/ND-CP amending Article 5 of Decree 52/2013/ND-CP, the contents of state management in e-commerce are prescribed as follows:

1. Develop and implement mechanisms, policies, strategies, plans, and e-commerce development programs.

2. Promulgate and implement legal documents on e-commerce activities, standards, and regulations for e-commerce application, and specific management regulations for e-commerce services.

3. Manage and supervise e-commerce activities.

4. Propagate and disseminate legal education on e-commerce.

5. Organize the implementation of research, application, and transfer of technology in e-commerce.

6. Organize the implementation of consulting activities, supporting enterprises in deploying and applying e-commerce.

7. Organize training and professional development activities for e-commerce personnel.

8. Collect e-commerce statistics.

9. Engage in international cooperation in the field of e-commerce.

10. Inspect, examine, resolve complaints, denunciations, and handle violations in e-commerce activities.

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