Decree No. 248/2026/ND-CP detailing certain provisions of the Law on E-commerce

 

 

DECREE

Detailed regulations on certain provisions of the E-commerce Law

 

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the E-commerce Law No. 122/2025/QH15;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree detailing certain provisions of the E-commerce Law.

PART I
GENERAL PROVISIONS

 

Article 1. Scope of Regulation

This Decree details the E-commerce Law No. 122/2025/QH15 (hereinafter referred to as the E-commerce Law) regarding:

1. Clause 8, Article 9 on National E-commerce Day, the organization and implementation of activities to respond to National E-commerce Day;

2. Clause 5, Article 11 on contents to be publicly disclosed concerning operating conditions and transaction conditions on e-commerce platforms;

3. Clause 4, Article 14 on management and operation of e-commerce platforms; authority, procedures, and formalities for notification, amendment, supplementation, and termination of notifications; authority, procedures, and formalities for registration, amendment, supplementation, and termination of registrations of e-commerce platforms;

4. Clause 4, Article 15 on responsibilities of platform managers;

5. Clause 5, Article 17 on responsibilities of intermediary platform managers;

6. Clause 5, Article 18 on responsibilities of social network managers engaged in e-commerce;

7. Clause 3, Article 19 on responsibilities of integrated platform managers;

8. Clause 2, Article 20 on responsibilities of managers of platforms integrated within integrated e-commerce platforms when discovering technical errors related to permission allocation, access, control, and use of data among parties;

9. Clause 7, Article 27 on transaction thresholds with buyers in Vietnam; management and operation conditions of e-commerce platforms; depositing; authority, procedures, and formalities for registration, amendment, supplementation, and termination of registrations of foreign e-commerce platforms operating in Vietnam;

10. Point b, Clause 1, Article 30 on responsibilities of authorized legal entities in Vietnam for direct sales e-commerce platforms with online ordering functions, intermediary e-commerce platforms with online ordering functions, and social networks engaged in e-commerce with online ordering functions in removing information about goods and services that violate the law upon receipt of requests from competent state agencies;

11. Clause 2, Article 32 on market access conditions for foreign investors in the e-commerce sector;

12. Clause 1, Article 33 on responsibilities of organizations providing technical infrastructure support services for e-commerce in preventing violations upon receipt of requests from competent state agencies;

13. Clause 2, Article 34 on responsibilities of organizations providing logistics support services for e-commerce in suspending logistics service provision upon receipt of requests from competent state agencies;

14. Point d, Clause 3, Article 35 on responsibilities of organizations providing payment services and payment intermediary services supporting e-commerce in removing integrated e-commerce platforms showing signs of violating the law or having violated the law upon receipt of requests from competent state agencies;

15. Clause 3, Article 36 on electronic contract authentication services in e-commerce;

16. Clause 3, Article 37 on the e-commerce activity management system;

17. Clause 4, Article 38 on the database on e-commerce.

Article 2. Applicability

This Decree applies to platform managers; organizations providing technical infrastructure support services for e-commerce; organizations providing logistics support services for e-commerce; organizations providing payment services and payment intermediary services supporting e-commerce; foreign investors in the e-commerce sector; authorized legal entities in Vietnam for foreign e-commerce platforms operating in Vietnam, and other relevant organizations and individuals.

Article 3. National E-commerce Day

1. December 12th of each year is the National E-commerce Day.

2. Conditions and requirements for organizing the National E-commerce Day shall be implemented in accordance with the provisions of the law on observance days.

3. Activities to observe the National E-commerce Day include:

a) Activities to promote, disseminate, train, and instruct on e-commerce laws and online shopping skills to mobilize and focus public attention, participation, and engagement in the National E-commerce Day;

b) Public activities attracting the participation of a large number of platform managers, sellers, buyers, and related agencies, organizations, and individuals;

c) Activities within the framework of national plans, projects, proposals, programs, and activities on e-commerce issued by competent authorities;

d) Other activities consistent with the theme and observance plan of the National E-commerce Day.

4. The plan to organize activities to observe the National E-commerce Day shall be carried out regularly and continuously throughout the year, especially focusing on the last month of the year and the first three months of the year.

Chapter II
CONTENT TO BE PUBLICIZED ON THE E-COMMERCE PLATFORM

Article 4. Information about the Platform Manager

Information about the platform manager includes at least the following contents:

1. Name and main office address of the organization, name of the legal representative or name and residential address of the individual;

2. Registration certificate number, date of issuance, and issuing authority for enterprises or establishment decision number, date of issuance, issuing authority, and issuing unit for organizations, tax code of individuals or business households.

Article 5. Privacy Policy

1. The privacy policy includes at least the following contents:

a) Purpose and scope of collecting user information;

b) Scope of using information;

c) Time period for storing information or method for determining the storage time period;

d) Organizations and individuals who may access personal information;

đ) Measures to secure user information and data;

e) Methods and procedures for data subjects to view, edit, or request editing of their data on the platform;

g) Methods and procedures for receiving requests from data subjects to delete, cancel, or limit processing of their provided data;

h) Methods and procedures for receiving and resolving complaints, requests, and reflections from data subjects related to information security.

2. The contents prescribed in Clause 1 of this Article must comply with the provisions of the law on data and personal data protection.

Article 6. Rights and Obligations of Parties

The platform manager publicly discloses the rights and obligations of parties, ensuring compliance with the Law on E-commerce, this Decree, and relevant laws, including at least the following contents:

1. Rights and obligations of the platform manager

a) Issuing, publicizing, and implementing operating conditions and transaction conditions;

b) Establishing and publicizing service standards and procedures for participating in activities on the platform;

c) Charging service fees according to the publicly disclosed pricing policy;

d) Providing full or summarized information about promotional forms before customers place orders;

đ) Ensuring safe and stable operation of the platform;

e) Specifying cases of temporarily suspending, terminating, or limiting seller and buyer accounts;

g) Applying necessary measures to ensure the safety of information related to users' business secrets and consumer personal information;

h) Receiving and resolving requests, reflections, and complaints from users;

i) Monitoring and preventing violations of the law; cooperating and providing information and data as required by competent state agencies.

2. Rights and obligations of sellers

a) Registering, maintaining, temporarily suspending, or terminating sales activities; deciding on goods, services, prices, and promotional policies in accordance with the law and agreements with the platform manager;

b) Using the platform's technical infrastructure and support tools; accessing data directly related to business operations; ensuring full and timely payment and resolution of requests, reflections, and complaints in a transparent manner;

c) Providing accurate and complete information; ensuring the quality of goods and services; fully performing delivery, warranty, exchange, and refund obligations; not exploiting the platform for prohibited business activities, counterfeit goods, intellectual property infringements, and other illegal acts;

d) Fulfilling financial obligations to the State; protecting buyer data; protecting consumer information; cooperating with the platform manager and competent state agencies in handling law violations.

3. Rights and obligations of buyers

a) Ensuring consumer rights; being provided with full and accurate information about goods, services, and sellers;

b) Choosing goods, services, payment methods, and delivery methods; protecting personal data; having complaints, requests, and grievances resolved as prescribed;

c) Providing necessary and accurate information; making full and timely payments;

d) Adhering to legal regulations, operating conditions, and transaction conditions of the platform; not exploiting the platform to commit illegal acts.

Article 7. Methods for receiving and handling complaints, requests, and appeals

The methods for receiving and processing complaints, requests, and appeals shall include at least the following contents:

1. Methods for receiving complaints, requests, and appeals, including at least one online contact method;

2. Procedures and processes for receiving and handling complaints, requests, and appeals, including specific steps that parties need to follow;

3. Specific deadlines for initial responses and estimated resolution times for each common issue;

4. Measures and tools applied by the platform to support the resolution of complaints, requests, and appeals.

Article 8. Pricing Policy

The pricing policy on e-commerce platforms with online ordering functions shall include at least the following contents:

1. For the prices of goods and services provided on the platform: it must clearly indicate whether such prices include or exclude related costs associated with purchasing goods or services, such as taxes, shipping fees, and other incidental charges;

2. For service usage fees for sellers: where the e-commerce platform charges for opening, maintaining accounts, processing orders, and other types of services, the policy must include detailed information about the fee schedule, calculation methods for each type of service fee, and the effective date. In case of changes, they must be publicly disclosed on the platform at least 20 days before the effective date.

Article 9. Conditions or Restrictions on Providing Goods or Services

1. Where an e-commerce platform with online ordering functions has conditions or limitations on providing goods or services applicable to sellers and buyers on its platform, the platform manager must disclose all such conditions and restrictions;

2. Such conditions and restrictions (if any) must include at least the following contents:

a) Time limits for provision: specific time frames, days of the week, or periods within the year during which goods or services are provided or restricted;

b) Geographic scope limits: specific regions, territories, or localities where goods or services are delivered or restricted from being provided;

c) Customer eligibility restrictions: age and specific residential area requirements to access goods or services;

d) Quantity limits: maximum and minimum quantities per transaction or per customer;

đ) Service availability conditions: situations where goods or services may cease to be provided or interrupted due to technical reasons, maintenance, or force majeure events.

Article 10. Payment Policy

The payment policy on e-commerce platforms with online ordering functions shall include at least the following contents:

1. Payment methods applicable to goods or services listed on the platform, accompanied by clear and accurate explanations so that customers can understand and choose appropriate payment methods;

2. Refund procedures in cases of product returns or service cancellations;

3. Where the e-commerce platform establishes a points accumulation, redemption, or value-added benefit system, the platform must disclose in the payment policy the formation and use of points, scope of application, conditions, exchange rates, conversion limits, and responsibilities of the parties involved; points cannot be redeemed for cash.

Article 11. Policy on Priority Display

1. In cases where an electronic commerce platform uses algorithms or measures to limit or prioritize the display of goods and services, it must disclose all main criteria used as stipulated in Clause 2 of this Article.

2. The main criteria used may include:

a) Relevance to search keywords (including product/service names, product/service descriptions);

b) Payment for display;

c) Purchase history and transaction history of buyers on the platform;

d) Buyer reviews and feedback;

đ) Number of successful orders;

e) Factors related to the locality, country, or region of users;

g) Delivery methods and payment methods;

h) Other main criteria.

3. Where an electronic commerce platform allows users to select or modify the main criteria specified in Clause 2 of this Article, the platform manager must disclose the procedures for such selection or modification.

Article 12. Rules Governing Live Streaming Sales

In cases where an electronic commerce platform provides live streaming sales features, it must disclose rules governing live streaming sales, including at least the following contents:

1. Rights and obligations of parties participating in live streaming sales;

2. Objectives, processes, and guidelines for electronic identity verification for live streamers;

3. Conditions, procedures, and formalities for registering seller accounts and live streamer accounts;

4. Provisions regarding specific circumstances under which live streaming will be stopped, information removed, or links disconnected;

5. Procedures and guidelines for displaying warning content during live streaming sales for products and services that pose risks to safety, health, and property, as prescribed by law;

6. Procedures and guidelines for receiving and resolving complaints, requests, and grievances from viewers during and after live streaming sales.

Article 13. Shipping Policy

An electronic commerce platform with online ordering functions that engage in the sale of goods must disclose its shipping policy, including at least the following contents:

1. Shipping methods, transportation units, and delivery units;

2. Estimated delivery time;

3. Geographic limitations for shipping (if applicable);

4. Responsibilities of logistics service providers in providing order information during delivery;

5. Inspection policy (if applicable).

Article 14. Policy on Product Return and Refund

An electronic commerce platform with online ordering functions that engages in the sale of goods must disclose its policy on product return and refund, including at least the following contents:

1. Conditions for returning goods and requesting refunds;

2. Time limits for requesting returns and refunds;

3. Procedures for accepting and processing return and refund requests;

4. Methods for returning goods and issuing refunds;

5. Costs associated with returns and refunds for each party.

Article 15. Policy on Service Provision Methods

1. In cases where an electronic commerce platform with online ordering functions provides direct-use services on the platform, the platform must disclose its policy on service provision methods, including at least the following contents:

a) Service usage period, suitable electronic devices, and number of devices allowed to be used simultaneously;

b) Detailed description of how to use the service and its main features;

c) Notification of any restrictions during usage (if applicable).

2. In cases where an electronic commerce platform with online ordering functions provides pre-order services for later use, the platform must disclose its policy on service provision methods, including at least the following contents:

a) Disclosure of conditions and forms of service use at the service provision location;

b) Service usage period; conditions for exchange, cancellation, and any resulting costs (if applicable).

Article 16. Policy on Termination of Services and Refunds

An online trading platform that provides services through its platform must publicly disclose its service termination policy to buyers, including at least the following contents:

1. Circumstances for terminating services and methods for resolving the consequences of such terminations;

2. The effective date of the contract termination and the method of service fee payment when the buyer is the party terminating the contract. In cases where the effective date of the contract termination is not clearly announced when the buyer is the party terminating the contract, the date the buyer sends the notice shall be considered as the effective date of the contract termination;

3. Procedures and deadlines for responding to buyers who send termination notices on the online trading platform when they no longer need the service;

4. Methods for refunding when services are terminated.

Chapter III
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

IN ELECTRONIC COMMERCE ACTIVITY

Article 17. Responsibilities of the Platform Manager in Electronic Commerce

1. The platform manager shall fulfill the responsibilities stipulated in Article 15 of the Law on Electronic Commerce, with some specific implementation as follows:

a) Publicly disclosing all complete, accurate, and clear contents or providing links to view detailed contents as prescribed in Chapter II of this Decree at a prominent position on the main screen of the electronic commerce platform and clearly distinguishing them;

b) Reporting periodically online through the Electronic Commerce Activity Management System in accordance with Clause 1 of Article 22 of this Decree or providing information upon request from competent state authorities;

c) Taking measures to promptly check, review, remove, and handle information about goods and services infringing intellectual property rights or related to illegal business activities within 24 hours from receiving requests from competent state authorities;

d) Updating keywords according to recommendations from competent state authorities and filtering information based on keywords before displaying goods and services information on the platform;

đ) Maintaining and using administrative procedures accounts in the Electronic Commerce Activity Management System to receive and respond to information aimed at resolving complaints, reports, and disputes related to the electronic commerce platform;

e) Cooperating with intellectual property right holders to review, temporarily remove, or block access to information about goods and services suspected of infringing intellectual property rights according to the reception and resolution methods of complaints, requests, and grievances already publicized on the platform as stipulated in Article 7 of this Decree.

2. The platform manager of an online trading platform that has order placement functions shall fulfill the responsibilities stipulated in Clause 1 of this Article and Article 12 of the Law on Electronic Commerce. If the electronic commerce platform integrates an automatic system for concluding electronic contracts, the platform manager shall fulfill the responsibilities stipulated in Clause 1 of this Article and Article 13 of the Law on Electronic Commerce.

3. The platform manager of an intermediary online trading platform with order placement functions that is a large digital platform and social network operating an online trading platform with order placement functions as defined by consumer protection laws shall fulfill the responsibilities stipulated in Clause 2 of this Article and the responsibility to report online as stipulated in Clauses 2 and 3 of Article 22 of this Decree.

Article 18. Responsibilities of the Manager of Intermediary Electronic Commerce Platforms

1. The manager of intermediary electronic commerce platforms shall perform the responsibilities prescribed in Article 17 of the Law on E-commerce, with some contents being implemented specifically as follows:

a) Implement electronic identity verification for domestic sellers through the following information:

For individuals within the country: full name; date of birth; individual identification number;

For organizations within the country: organization name; main office address; organization identification number; full name, date of birth, individual identification number of the legal representative;

b) Verify foreign sellers through the following valid documents:

For foreign individuals: name, passport number, country or territory name as stated in the passport or other equivalent documents still valid for at least six months from the date of review issued by the competent authority of the foreign country;

For foreign organizations: organization name, main office address, country or territory name as stated in the business registration certificate or other equivalent documents issued by the competent authority of the foreign country; name, passport number of the legal representative or other equivalent documents still valid for at least six months from the date of review issued by the competent authority of the foreign country;

c) Publicize information about the name and business location of enterprises and households according to the content registered with the business registration agency; the name and address of the headquarters of organizations; the name and residential address of individuals. The information must be phonetically transcribed into Vietnamese or expressed in Latin characters;

d) Review the content of information about goods and services initiated by sellers before allowing it to be displayed on the platform, ensuring that the information does not belong to the list of prohibited industries and trades, goods and services currently suspended from circulation as announced by the competent state agency or updating keywords as required by the competent state agency;

đ) Ensure access to information and data of goods and services uploaded from the seller's account for at least one year from the upload date.

2. The manager of intermediary electronic commerce platforms with online ordering functions shall perform the responsibilities prescribed in Clause 2 of Article 17 of the Law on E-commerce, with some contents being implemented specifically as follows:

a) The responsibility prescribed in Clause 1 of this Article;

b) Accept returned goods in cases where the goods provided by the seller do not conform to the content already notified, published, listed, advertised, introduced, contracted, or committed to on the platform, and implement exchanges, returns, and refunds according to the policy publicly announced on the platform as stipulated in Article 14 of this Decree;

c) Publicize complete information about the recall of defective goods on the platform immediately upon receiving information from the seller or the competent state agency within ten consecutive days at a visible location; publicize contact information for the point of return; directly inform the buyer of the goods through the buyer's account on the platform or other appropriate channels registered by the buyer on the platform;

d) Provide necessary information to support parties involved in transactions on the platform according to the method of receiving and resolving complaints, requests, and grievances publicly announced as stipulated in Article 7 of this Decree; provide information to the competent state agency regarding acts suspected of violating the law or acts of violating the law through the designated point and through the Electronic Commerce Activity Management System within twenty-four hours from the time of receiving the request to serve inspection, examination, and violation handling work;

đ) Provide tools for sellers to access their accounts to download data on goods and services uploaded within one year from the upload date, data on contracts concluded within three years from the contract conclusion date, except in cases where the seller voluntarily deletes their account. In cases where the seller's account is temporarily suspended or terminated, the platform manager ensures that the seller can access their account or another method to download data on contracts concluded prior to the suspension or termination of the account for at least three years from the date of suspension or termination of the account;

e) Temporarily suspend or terminate the seller's account within twenty-four hours from the time of receiving the request of the competent state agency.

3. The manager of intermediary electronic commerce platforms with online ordering functions that are large digital platforms under the provisions of the law on consumer rights protection shall perform the responsibilities prescribed in Clause 3 of Article 17 of the Law on E-commerce, with some contents being implemented specifically as follows:

a) The responsibility prescribed in Clause 2 of this Article;

b) Have a system for receiving and resolving complaints, requests, and grievances online on the platform as stipulated in Clause 4 of this Article;

c) Have a system for reviewing, warning, and automatically removing information about goods and services that violate the law; take measures to prevent repeated offenses, including actions that violate the conditions for operation and transaction conditions of the electronic commerce platform that have been processed by the electronic commerce platform but continue to commit such violations;

d) In cases where the platform cooperates with service providers of payment services, payment intermediary services, and logistics services, the platform manager must publicize on the platform information about the service providers of payment services, payment intermediary services, and logistics services; display the full name or abbreviated name according to the business registration or trade name of the service provider meeting the criteria for providing payment services, payment intermediary services, and logistics services for specific goods and services, consistent with the cooperation agreement between the parties and allow buyers to choose the service provider of payment services, payment intermediary services, and logistics services.

4. The system for receiving and handling complaints, requests, and appeals online on the platform must comply with the requirements stipulated in Clause 4 of Article 17 of the E-commerce Law, including the following specific contents:

a) Having a clear, publicized procedure, user-friendly interface that allows easy access, enabling users to submit complaints, requests, appeals, initial evidence, and track the progress of complaint resolution;

b) Upon receipt of complaints, requests, and appeals, the system must promptly accept and process them according to the methods of receiving and resolving complaints, requests, and appeals publicly disclosed on the platform as prescribed in Article 7 of this Decree;

c) In cases where the seller proves that the seller did not violate the agreement and legal provisions due to errors in the online complaint and request handling system on the platform, the platform owner must take corrective measures for the seller and adjust the system accordingly;

d) If an automated mechanism is used to operate the online complaint and request handling system, the operation procedures of the automated mechanism must be reviewed by humans before implementation; during operation, the automated mechanism must be monitored, evaluated, and adjusted when necessary. In cases where the user disagrees with the results of the automated mechanism, the complaints, requests, and appeals must be referred to a human for review and final decision;

Article 19. Responsibilities of Social Network Owners Engaging in E-commerce Activities

1. Social network owners engaging in e-commerce activities shall fulfill the responsibilities stipulated in Clause 1 of Article 18 of the E-commerce Law, including the following specific contents:

a) The responsibilities stipulated in Article 17 of this Decree;

b) Publicly displaying recognizable signs of seller accounts, which must be clearly visible, easily identifiable, and not confused with other user accounts;

2. Social network owners engaging in e-commerce activities with integrated online communication functions featuring contract confirmation notification tools shall fulfill the responsibilities stipulated in Clause 2 of Article 18 of the E-commerce Law, including the following specific contents:

a) The responsibilities stipulated in Clause 1 of Article 18 of this Decree and Clause 1 of this Article;

b) Requiring organizations and individuals to select and use seller account information when using the integrated online communication function featuring contract confirmation notification tools on the platform;

3. Social network owners engaging in e-commerce activities with live-streaming sales functions and online ordering functions shall fulfill the responsibilities stipulated in Clause 3 of Article 18 of the E-commerce Law, including the following specific contents:

a) The responsibilities stipulated in Clause 2 of Article 18 of this Decree and Clause 1 of this Article;

b) Requiring organizations and individuals to select and use seller account information when using the online ordering function;

4. Social network owners engaging in e-commerce activities with live-streaming sales functions and online ordering functions, which are considered large digital platforms under consumer protection laws, shall fulfill the responsibilities stipulated in Clause 3 of this Article, Clause 3 of Article 18 of this Decree, and Clause 4 of Article 18 of the E-commerce Law.

Article 20. Responsibilities of the Manager of Integrated E-commerce Platforms

1. The manager of integrated e-commerce platforms shall perform the responsibilities set forth in Clause 1 of Article 19 of the Law on E-commerce, with some specific contents as follows:

a) The responsibilities stipulated in Article 17 of this Decree;

b) Clearly notify users about the name of the integrated platform; rights and obligations of the parties; methods for receiving and resolving complaints, requests, and grievances at a visible location or through links to such content; provide mechanisms allowing users to express their consent before each access to the integrated platform; allow the content to be accessible and viewable from the user's account;

c) Provide tools enabling the integrated platform to access and use data generated by that platform on the integrated e-commerce platform according to the electronic contract between both parties and must be certified by an organization providing electronic contract certification services that have been licensed;

d) Remove, upon request of the competent state agency, the integrated platform that violates the law or has signs of violating the law within 24 hours from the time of receiving the request of the competent state agency;

đ) Update the list of integrated e-commerce platforms on the System for Managing E-commerce Activities immediately when there are changes.

2. The manager of the integrated e-commerce platform, which is a large digital platform under the provisions of the Law on Consumer Protection, shall perform the responsibilities stipulated in Clause 2 of Article 19 of the Law on E-commerce and Clause 1 of this Article.

Article 21. Responsibilities to Block, Remove Information, Temporarily Suspend or Cease Providing Services Related to Violations of Law by E-commerce Actors

1. In case of discovering technical errors related to permission allocation, access, control, and use of data among parties, the manager of the integrated e-commerce platform must notify the integrated e-commerce platform to rectify the issue within 24 hours from the time of discovery.

2. Organizations providing technical infrastructure support services for e-commerce as stipulated in Article 33 of the Law on E-commerce shall be responsible for blocking illegal activities within 24 hours from the time of receiving the request of the competent state agency.

3. Organizations providing logistics support services for e-commerce as stipulated in Article 34 of the Law on E-commerce shall be responsible for temporarily suspending service provision within 24 hours from the time of receiving the request of the competent state agency.

4. Organizations providing payment services, payment intermediary services as stipulated in Article 35 of the Law on E-commerce shall be responsible for removing platforms showing signs of violating the law or having violated the law within 24 hours from the time of receiving the request of the competent state agency.

5. Legal persons authorized in Vietnam as stipulated in Article 30 of the Law on E-commerce shall remove information about goods and services that violate the law within 24 hours from the time of receiving the request of the competent state agency.

Article 22. Online Reporting

1. Before February 15 each year, the manager of the electronic commerce platform must submit an online report on the results of the previous year's electronic commerce activities through the Electronic Commerce Activity Management System using Form No. 08, 09, 10, or 11 attached as Appendix II of this Decree, depending on the business model.

2. Before the 15th day of each month, the manager of the intermediary electronic commerce platform with the function of online ordering that is a large digital platform and social network operating electronic commerce with the function of online ordering as prescribed by laws on consumer protection must submit an online report on the previous month's electronic commerce activities through the Electronic Commerce Activity Management System using Form No. 12 attached as Appendix II of this Decree, depending on the business model.

3. The manager of the intermediary electronic commerce platform with the function of online ordering that is a large digital platform and social network operating electronic commerce with the function of online ordering as prescribed by laws on consumer protection must fulfill the responsibility to submit an online report on the results of removing content through the Electronic Commerce Activity Management System within 48 hours from receiving the request of the competent state agency using Form No. 13 attached as Appendix II of this Decree.

4. Organizations specified in Clauses 2, 3, 4, and 5 of Article 21 of this Decree must fulfill the responsibility to submit an online report on the results of blocking, suspending, and removing content through the Electronic Commerce Activity Management System within 48 hours from the time they receive the request of the competent state agency.

5. Before the 15th day of each month, organizations providing electronic contract certification services in commerce must submit an online report on the previous month's situation regarding the provision of electronic contract certification services in commerce through the Electronic Commerce Activity Management System using Form No. 14 attached as Appendix II of this Decree.

6. Before the first day of the month at the beginning of each quarter, organizations providing logistics support services for electronic commerce must submit an online report on the results of transportation and delivery activities in electronic commerce in Vietnam during the previous quarter through the Electronic Commerce Activity Management System using Form No. 15 attached as Appendix II of this Decree.

7. It is encouraged for organizations specified in this Article to build, operate, and maintain information systems and databases about their activities to connect and share data through application programming interfaces (APIs); the connection and sharing of data shall be carried out according to the guidance of the Minister of Industry and Trade, ensuring information security and data protection.

Chapter IV
MANAGEMENT AND OPERATION OF ELECTRONIC COMMERCE PLATFORMS

Section 1
MANAGEMENT AND OPERATION OF DIRECT SELLING ELECTRONIC COMMERCE PLATFORMS

Article 23. Direct Selling Electronic Commerce Platform with Online Ordering Functionality

1. The manager of the direct selling electronic commerce platform with the function of online ordering must obtain prior notification confirmation before operating the platform.

2. Notification, amendment, supplementation, and termination of notification procedures for direct selling electronic commerce platforms with the function of online ordering are regulated in Article 24 of this Decree.

3. The manager of the direct selling electronic commerce platform with the function of online ordering must complete the procedure for amending and supplementing the notification within 20 working days from the date of changing any of the following information:

a) Changing the name of the platform (website domain, application name);

b) Changing the person responsible for managing and operating the platform;

c) Changing information on the Business Registration Certificate (for businesses) or Establishment Decision (for organizations) or Business Registration Certificate;

d) Changing publicly disclosed information on operational conditions and transaction conditions on the platform.

4. The manager of the direct selling electronic commerce platform with the function of online ordering must complete the procedure for terminating the notification in the following cases:

a) At the request of the platform manager;

b) The platform ceases operations or transfers to another organization or individual;

c) Changing the tax code of the platform manager.

5. The state management agency terminates the notification of the direct selling electronic commerce platform with the function of online ordering in the following cases:

a) More than 30 days have passed since the state management agency sent a request through the Electronic Commerce Activity Management System to serve management and supervision of electronic commerce activities and the platform did not respond with information;

b) The platform manager has committed acts of violating the law that require the cessation of the platform's electronic commerce activities according to administrative violation handling laws.

Article 24. Documents for notification, amendment, supplementation, and termination of direct business-to-consumer electronic commerce platforms with online ordering functions

1. Documents for notification of direct business-to-consumer electronic commerce platforms with online ordering functions include:

a) Form 01 of the Appendix II of this Decree;

b) Copies of licenses, certificates, certifications, confirmation letters, approval documents from competent authorities or similar documents when operating goods and services listed in the Catalogue of Business Lines and Industries Subject to Conditions under investment laws.

In cases where the aforementioned documents and materials already have legally binding electronic data that can be accessed through connections and sharing between the Administrative Procedure Information System and national databases, specialized databases, common information systems, and the National Public Service Portal, there is no need to provide them again.

2. Documents for amendment and supplementation of notifications of direct business-to-consumer electronic commerce platforms with online ordering functions include:

a) Form 01 of the Appendix II of this Decree;

b) Documents and texts proving the content of amendments and supplements (if any).

3. Documents for termination of notifications of direct business-to-consumer electronic commerce platforms with online ordering functions include:

a) Form 01 of the Appendix II of this Decree;

b) Documents and texts proving the reasons for termination (if any).

4. The procedures for implementing notification, amendment, supplementation, and termination of notifications for direct business-to-consumer electronic commerce platforms with online ordering functions shall be carried out according to Section I of Appendix I of this Decree.

5. Provincial People's Committees shall confirm notifications, confirm amendments and supplements to notifications, and terminate notifications of direct business-to-consumer electronic commerce platforms with online ordering functions.

Section 2
MANAGEMENT AND OPERATION OF ELECTRONIC COMMERCE PLATFORMS INTERMEDIARY ELECTRONIC COMMERCE PLATFORMS, SOCIAL NETWORKS FOR ELECTRONIC COMMERCE ACTIVITIES, INTEGRATED ELECTRONIC COMMERCE PLATFORMS

Article 25. Intermediary Electronic Commerce Platforms, Social Networks for Electronic Commerce Activities, Integrated Electronic Commerce Platforms

1. Managers of intermediary electronic commerce platforms, social networks for electronic commerce activities, and integrated electronic commerce platforms may only operate these platforms upon meeting management and operation conditions for electronic commerce platforms and after being confirmed by the Ministry of Industry and Trade on registration.

2. Documents for implementing registration, amendment, supplementation, and termination of registration for intermediary electronic commerce platforms, social networks for electronic commerce activities, and integrated electronic commerce platforms shall comply with Articles 27, 28, and 29 of this Decree.

3. Managers of intermediary electronic commerce platforms, social networks for electronic commerce activities, and integrated electronic commerce platforms must complete the procedures for amending and supplementing registrations within 20 working days from the date of change in any of the following information:

a) Changing the name of the platform (website domain, application name);

b) Changing the person responsible for managing and operating the platform;

c) Change in the Business Registration Certificate information (for businesses) or Establishment Decision (for organizations);

d) Change in the operational model of the electronic commerce platform;

đ) Change in publicly disclosed operating conditions and transaction conditions on the platform;

e) Change in terms of service contracts;

g) Change or addition of services provided on the platform.

4. Managers of intermediary electronic commerce platforms, social networks for electronic commerce activities, and integrated electronic commerce platforms shall carry out the procedures for terminating registrations in the following cases:

a) At the request of the platform manager;

b) The electronic commerce platform ceases operations or is transferred to another organization;

c) Changing the tax code of the platform manager.

5. State management agencies shall terminate registrations of intermediary electronic commerce platforms, social networks for electronic commerce activities, and integrated electronic commerce platforms in the following cases:

a) More than 30 days have passed since the state management agency sent a request through the Electronic Commerce Activity Management System to serve management and supervision of electronic commerce activities and the platform did not respond with information;

b) The platform manager has committed acts of violating the law that require the cessation of the platform's electronic commerce activities according to administrative violation handling laws.

Article 26. Conditions for managing and operating intermediary e-commerce platforms, social networks conducting e-commerce, integrated e-commerce platforms

1. Conditions for managing and operating intermediary e-commerce platforms without online ordering functions, social networks conducting e-commerce without online ordering functions, integrated e-commerce platforms:

a) Having dedicated personnel responsible for managing e-commerce activities;

b) Having an E-commerce Operation Plan in accordance with Article 30 of this Decree.

2. Conditions for managing and operating intermediary e-commerce platforms with online ordering functions, live-streaming sales, social networks conducting e-commerce with online ordering functions, live-streaming sales:

a) Meeting the conditions for managing and operating e-commerce platforms as stipulated in Clause 1 of this Article;

b) In cases where the platform manager retains funds from sellers arising from transactions on the platform, the platform must have a mechanism for managing retained funds, reconciliation, payment, and withdrawal of funds from sellers. These contents must be specified in the electronic contract between the platform manager and the seller, ensuring that the electronic contract has evidentiary value under the law.

Article 27. Registration Documents for Intermediary E-commerce Platforms, Social Networks Conducting E-commerce, Integrated E-commerce Platforms

1. The registration documents for intermediary e-commerce platforms, social networks conducting e-commerce, integrated e-commerce platforms include:

a) An information declaration form according to Form No. 02 in Appendix II of this Decree;

b) Copies of licenses, certificates, certifications, confirmation letters, approval documents from competent authorities or similar documents when operating goods and services listed in the Catalogue of Business Lines and Industries Subject to Conditions under investment laws.

In cases where the above-mentioned documents and materials already have electronic data with legal validity and can be accessed through connections and sharing between the Administrative Procedure Information System and national databases, specialized databases, common information systems, and the National Public Service Portal, they need not be resubmitted;

c) An E-commerce Operation Plan in accordance with the provisions of Article 30 of this Decree. The Proposal Form according to Form No. 05 in Appendix II of this Decree;

d) Rules for live-streaming sales activities in cases where the platform conducts live-streaming sales;

đ) Sample contracts and agreements between sellers and the platform manager.

2. The registration process for intermediary e-commerce platforms, social networks conducting e-commerce, integrated e-commerce platforms shall be carried out in accordance with the provisions of Section II of Appendix I of this Decree.

3. The Ministry of Industry and Trade shall confirm the registration of intermediary e-commerce platforms, social networks conducting e-commerce, integrated e-commerce platforms.

Article 28. Amendment and Supplement Registration Documents for Intermediary E-commerce Platforms, Social Networks Conducting E-commerce, Integrated E-commerce Platforms

1. The amendment and supplement registration documents for intermediary e-commerce platforms, social networks conducting e-commerce, integrated e-commerce platforms include:

a) An information declaration form according to Form No. 02 in Appendix II of this Decree;

b) Documents and texts proving the content of amendments and supplements (if any).

2. The process of amending and supplementing the registration of intermediary e-commerce platforms, social networks conducting e-commerce, integrated e-commerce platforms shall be carried out in accordance with the provisions of Section II of Appendix I of this Decree.

3. The Ministry of Industry and Trade shall confirm the amendment and supplement registration of intermediary e-commerce platforms, social networks conducting e-commerce, integrated e-commerce platforms.

Article 29. Documents for Requesting Termination of Registration for Intermediary E-commerce Platforms, Social Networks Engaging in E-commerce, Integrated E-commerce Platforms

1. The documents for requesting termination of registration for intermediary e-commerce platforms, social networks engaging in e-commerce, integrated e-commerce platforms include:

a) An information declaration form according to Form No. 02 in Appendix II of this Decree;

b) Documents and texts proving the reasons for termination (if any).

2. The process of terminating registration for intermediary e-commerce platforms, social networks engaging in e-commerce, integrated e-commerce platforms shall be carried out in accordance with the provisions set forth in Section II of Appendix I of this Decree.

3. The Ministry of Industry and Trade shall confirm the termination of registration for intermediary e-commerce platforms, social networks engaging in e-commerce, integrated e-commerce platforms.

Article 30. Contents of the Business Plan for E-commerce Activities of Intermediary E-commerce Platforms, Social Networks Engaging in E-commerce, Integrated E-commerce Platforms

1. The business plan for e-commerce activities of intermediary e-commerce platforms, social networks engaging in e-commerce, integrated e-commerce platforms shall include at least the following contents:

a) General information about the managing and operating entity of the platform, including: name, form of investment, headquarters address, legal representative, contact method, scope of operation of the platform;

b) Description of the operational model of the e-commerce platform, including: main functions and features and basic operational procedures of the platform; online ordering function; live-stream selling function (if applicable); automatic information system for concluding electronic contracts; online communication function integrated with notification tools to confirm contract conclusion or other contract support tools; procedures for receiving, processing complaints, requests, and grievances from organizations and individuals; procedures for detecting and handling violations on the platform and mechanisms for cooperation with competent state agencies when required;

c) Description of the content and organization of implementation of the operational regulations of the e-commerce platform, including: conditions for operation applied on the platform, division of rights and responsibilities between the platform manager and service users on the platform; live-stream selling regulations in cases where the platform engages in live-stream selling activities.

2. In cases of large digital platforms, the business plan for e-commerce activities must include the contents specified in Clause 1 of this Article; content describing the operational procedures of the Online Complaints, Requests, and Grievances Reception and Resolution System; measures for reviewing, warning, and automatically removing information about goods and services that violate the law; measures to prevent repeated offenses on the platform.

Chapter V
E-COMMERCE WITH FOREIGN ELEMENTS

Section 1
MANAGEMENT AND OPERATION OF PLATFORMS

FOREIGN E-COMMERCE

Article 31. Foreign Direct E-commerce Platforms with Online Ordering Functions Operating in Vietnam

1. Foreign direct e-commerce platforms with online ordering functions operating in Vietnam must register with the Ministry of Industry and Trade if they meet any of the following circumstances:

a) The platform has a mechanism allowing selection of the Vietnamese language on the platform or uses the Vietnamese country domain ".vn". The platform manager must be confirmed for registration before operating the platform in Vietnam;

b) The platform achieves 100,000 transactions with buyers in Vietnam within one calendar year starting from January 1st. The platform manager must register within 60 days from the date of reaching the threshold. The number of transactions with buyers in Vietnam on the platform is determined based on data self-reported by the platform manager or data determined by competent state authorities.

2. The documents for registering foreign direct e-commerce platforms with online ordering functions operating in Vietnam shall comply with the provisions set forth in Article 33 of this Decree.

3. Managers of foreign direct e-commerce platforms with online ordering functions operating in Vietnam must complete procedures to amend and supplement the registered documents within twenty working days from the date of changing any of the following information:

a) Changing the name of the platform (website domain, application name);

b) Changing the person responsible for managing and operating the platform;

c) Change of authorized legal entity in Vietnam;

d) Change of information in the Enterprise Registration Certificate or equivalent documents issued by competent authorities abroad;

đ) Change in publicly disclosed information regarding operational conditions and transaction conditions on the platform.

4. Managers of foreign direct e-commerce platforms with online ordering functions operating in Vietnam shall carry out procedures to terminate registration in the following cases:

a) At the request of the platform manager;

b) The platform ceases operations or transfers to another organization or individual;

c) Changing the tax code of the platform manager.

5. State management agencies shall terminate the registration of foreign direct e-commerce platforms with online ordering functions operating in Vietnam in the following cases:

a) More than 30 days have passed since the state management agency sent a request through the Electronic Commerce Activity Management System to serve management and supervision of electronic commerce activities and the platform did not respond with information;

b) The platform manager has committed acts of violating the law that require the cessation of the platform's electronic commerce activities according to administrative violation handling laws.

Article 32. Foreign intermediary e-commerce platforms, foreign social networks engaged in e-commerce, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam

Clause 1. Foreign intermediary e-commerce platforms, foreign social networks engaged in e-commerce, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam must register with the Ministry of Industry and Trade when meeting one of the following circumstances:

Point a) The platform has a mechanism allowing selection of the Vietnamese language on the platform or uses the Vietnamese country domain name ".vn". The platform manager must be confirmed for registration before operating the platform in Vietnam and must meet the conditions for managing and operating e-commerce platforms as stipulated in Clause 1 or Clause 2 of Article 34 of this Decree corresponding to the operational model of the platform;

Point b) The platform reaches 100,000 transactions with buyers in Vietnam within one calendar year starting from January 1. The platform manager must register within 60 days from the date of reaching the threshold and must meet the conditions for managing and operating e-commerce platforms as stipulated in Clause 1 or Clause 2 of Article 34 of this Decree corresponding to the operational model of the platform. The number of transactions with buyers in Vietnam on the platform is determined based on data self-disclosed by the platform manager or data determined by the competent state authority.

Clause 2. Managers of foreign intermediary e-commerce platforms, foreign social networks engaged in e-commerce, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam must complete procedures to amend and supplement the registration documents that have been confirmed within 20 working days from the date of changing any of the following information:

a) Changing the name of the platform (website domain, application name);

b) Changing the person responsible for managing and operating the platform;

Point c) Change of the legal entity designated by authorization;

d) Change of information in the Enterprise Registration Certificate or equivalent documents issued by competent authorities abroad;

Point đ) Change of the operational model of the e-commerce platform;

Point e) Change of publicly disclosed conditions for operation and transaction conditions on the platform;

Point g) Change of terms of service provision contracts;

Point h) Change or addition of services provided on the platform.

Clause 3. Managers of foreign intermediary e-commerce platforms, foreign social networks engaged in e-commerce, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam must complete procedures to terminate registration in the following cases:

a) At the request of the platform manager;

b) The electronic commerce platform ceases operations or is transferred to another organization;

c) Changing the tax code of the platform manager.

Clause 4. State management agencies will terminate the registration of foreign intermediary e-commerce platforms, foreign social networks engaged in e-commerce, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam in the following cases:

a) More than 30 days have passed since the state management agency sent a request through the Electronic Commerce Activity Management System to serve management and supervision of electronic commerce activities and the platform did not respond with information;

b) The platform manager has committed acts of violating the law that require the cessation of the platform's electronic commerce activities according to administrative violation handling laws.

Article 33. Registration documents, amendment and supplementation registration documents, termination registration documents of foreign direct e-commerce platforms with online ordering functions conducting e-commerce activities in Vietnam

Clause 1. Registration documents for foreign direct e-commerce platforms with online ordering functions:

a) An information declaration form according to Form No. 02 in Appendix II of this Decree;

b) Copies of licenses, certificates, certifications, confirmation letters, approval documents from competent authorities or similar documents when operating goods and services listed in the Catalogue of Business Lines and Industries Subject to Conditions under investment laws.

In cases where the above-mentioned documents and materials already have electronic data with legal validity and can be accessed through connections and sharing between the Administrative Procedure Information System and national databases, specialized databases, common information systems, and the National Public Service Portal, they need not be resubmitted;

Point c) Documentation designating a legal entity in Vietnam authorized by the manager of the foreign e-commerce platform.

Clause 2. Amendment and supplementation registration documents for foreign direct e-commerce platforms with online ordering functions:

a) An information declaration form according to Form No. 02 in Appendix II of this Decree;

b) Documents and texts proving the content of amendments and supplements (if any).

Clause 3. Termination registration documents for foreign direct e-commerce platforms with online ordering functions:

a) An information declaration form according to Form No. 02 in Appendix II of this Decree;

Point b) Documentation and texts proving the reasons for terminating registration (if any).

Clause 4. The process of implementing registration, amendment and supplementation registration, and termination registration for foreign direct e-commerce platforms with online ordering functions shall be carried out according to the provisions in Section II of Appendix I of this Decree.

Clause 5. The Ministry of Industry and Trade shall confirm registration, confirmation of amendments and supplements to registration, and confirmation of termination of registration for foreign direct e-commerce platforms with online ordering functions.

Article 34. Conditions for managing and operating foreign intermediary e-commerce platforms, foreign social networks engaged in e-commerce, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam conducting e-commerce activities in Vietnam

1. Conditions for managing and operating foreign intermediary e-commerce platforms without online ordering functions, and foreign social networks engaged in e-commerce without online ordering functions conducting e-commerce activities in Vietnam:

a) Having an e-commerce operation plan as prescribed in Article 30 of this Decree;

b) An authorized representative in Vietnam as prescribed in Clause 3, Article 27 of the E-commerce Law, who must be a resident individual in Vietnam or a legal entity established under Vietnamese law.

2. Conditions for managing and operating foreign integrated e-commerce platforms, foreign intermediary e-commerce platforms with online ordering functions, and foreign social networks engaged in e-commerce with online ordering functions conducting e-commerce activities in Vietnam as prescribed in Clause 5, Article 27 of the E-commerce Law:

a) The conditions as prescribed in Clause 2, Article 26 of this Decree;

b) Implementing a deposit not less than 20 billion Vietnamese dong at a commercial bank in Vietnam or a branch of a foreign bank in Vietnam; the deposit must be maintained throughout the period the platform operates e-commerce in Vietnam;

c) The person responsible for the e-commerce activities of the designated legal entity in Vietnam as prescribed in Point a, Clause 5, Article 27 of the E-commerce Law must be a resident individual in Vietnam.

Article 35. Registration Documents, Amendment and Supplemental Registration Documents, and Termination of Registration Documents for Foreign Intermediary E-commerce Platforms, Foreign Social Networks Engaged in E-commerce, and Foreign Integrated E-commerce Platforms Conducting E-commerce Activities in Vietnam

1. Registration documents for foreign intermediary e-commerce platforms, foreign social networks engaged in e-commerce, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam:

a) An information declaration form according to Form No. 02 in Appendix II of this Decree;

b) Contents of the documents as prescribed in Points b, c, d, and đ, Clause 1, Article 27 of this Decree;

c) A power of attorney authorizing an individual or a legal entity in Vietnam to act as the representative for the management of foreign intermediary e-commerce platforms without online ordering functions, foreign social networks engaged in e-commerce without online ordering functions; or a power of attorney authorizing a legal entity in Vietnam to act as the representative for the management of foreign intermediary e-commerce platforms with online ordering functions, foreign social networks engaged in e-commerce with online ordering functions, and foreign integrated e-commerce platforms. The power of attorney must clearly specify the scope of authority and ensure that the authorized party fulfills all responsibilities of the authorizing party;

d) Documentation proving compliance with the deposit requirement at a commercial bank in Vietnam or a branch of a foreign bank in Vietnam.

2. Amendment and supplemental registration documents for foreign intermediary e-commerce platforms, foreign social networks engaged in e-commerce, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam:

a) An information declaration form according to Form No. 02 in Appendix II of this Decree;

b) Documents and texts proving the content of amendments and supplements (if any).

3. Termination of registration documents for foreign intermediary e-commerce platforms, foreign social networks engaged in e-commerce, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam:

a) An information declaration form according to Form No. 02 in Appendix II of this Decree;

b) Documents and texts proving the reasons for termination (if any).

4. The process of registering, amending, supplementing registration, and terminating registration for foreign intermediary e-commerce platforms, foreign social networks engaged in e-commerce, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam shall be carried out according to the provisions in Section II of Appendix I of this Decree.

5. The Ministry of Industry and Trade shall confirm the registration, amendment and supplemental registration, and termination of registration for foreign intermediary e-commerce platforms, foreign social networks engaged in e-commerce, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam.

Section 2
DEPOSIT FOR E-COMMERCE ACTIVITIES IN VIETNAM OF FOREIGN E-COMMERCE PLATFORMS

Article 36. Deposit Money

1. Deposit money is a sum of money deposited at a commercial bank in Vietnam or a foreign bank branch in Vietnam to guarantee the performance of obligations of the managers of foreign intermediary e-commerce platforms with online ordering functions, foreign e-commerce social networks with online ordering functions, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam, as stipulated in Clause 5, Article 27 of the E-commerce Law.

2. A commercial bank in Vietnam or a foreign bank branch in Vietnam shall be responsible for coordinating with the Ministry of Industry and Trade to confirm in writing the contents related to the deposit confirmation document upon request.

3. In case there is a change in information on the deposit confirmation document, the platform manager shall be responsible for adjusting the deposit confirmation document with a commercial bank in Vietnam or a foreign bank branch in Vietnam within twenty working days from the date of the change.

4. The deposit money shall be frozen throughout the operational period of the platform and can only be withdrawn and used with the approval of the Ministry of Industry and Trade. The deposit money shall only be used to ensure the fulfillment of the following obligations:

a) Compensating losses to consumers in Vietnam according to court judgments or arbitration decisions that have legal effect;

b) Implementing administrative penalty decisions in e-commerce activities;

c) Fulfilling tax obligations to the State of Vietnam.

5. A commercial bank in Vietnam or a foreign bank branch in Vietnam where the platform manager deposits the funds shall be responsible for managing the deposit money in accordance with the provisions of the law.

6. The platform manager who has deposited funds shall enjoy interest on the deposit money according to the agreement with a commercial bank in Vietnam or a foreign bank branch in Vietnam and is permitted to withdraw interest from the deposit money.

Article 37. Withdrawal of Deposit Money

Managers of foreign integrated e-commerce platforms, foreign intermediary e-commerce platforms with online ordering functions, and foreign e-commerce social networks with online ordering functions conducting e-commerce activities in Vietnam, as stipulated in Clause 5, Article 27 of the E-commerce Law, may withdraw deposit money when confirmed by the Ministry of Industry and Trade regarding one of the following situations:

1. The platform manager has deposited a minimum amount of VND 20 billion at another commercial bank in Vietnam or a foreign bank branch in Vietnam;

2. The platform manager's registration application for the e-commerce platform has been rejected;

3. The platform manager has terminated registration and completed all obligations specified in Clause 4, Article 36 of this Decree.

Article 38. Documents for Requesting Withdrawal of Deposit Money

1. Documents for requesting withdrawal of deposit money include:

a) A request for withdrawal of deposit money according to Model No. 04 in Appendix II of this Decree;

b) Confirmation document of deposit at a commercial bank in Vietnam or a foreign bank branch in Vietnam where the platform manager deposited the funds; c) Documentation proving completion of compensation for consumer losses and financial obligations to the State (if applicable).

2. The procedure for withdrawing deposit money is regulated in Section IV of Appendix I of this Decree.

3. A commercial bank or foreign bank branch in Vietnam where the deposit account was opened will only lift the freeze on the deposit account after receiving the approval document from the Ministry of Industry and Trade.

3. A commercial bank or a foreign bank branch in Vietnam where the escrow account is opened shall only lift the freeze on the escrow account after receiving the approval document from the Ministry of Industry and Trade.

Article 39. Handling of deposited funds

1. The withdrawal of funds from the deposit account shall be carried out when the platform manager terminates registration but has not fully fulfilled the obligations stipulated in Clause 4, Article 36 of this Decree or is operating the platform but does not voluntarily comply with court judgments or administrative penalty decisions of competent state agencies after the voluntary compliance period has expired.

2. The procedure for implementing the process of withdrawing deposit funds as prescribed in Section V of Appendix I to this Decree.

3. Obligation to top up the deposit fund:

a) In cases where the deposit amount is withdrawn to pay into the state budget, resulting in the account balance being lower than the minimum level of 20 billion Vietnamese dong, the platform manager shall have the responsibility to top up the amount within thirty days from the date of withdrawal;

b) If the platform manager fails to top up the deposit fund sufficiently within the time limit specified in point a of this clause, the Ministry of Industry and Trade shall implement the procedure to terminate the registration of e-commerce activities of that platform.

Section 3
MARKET ACCESS CONDITIONS FOR FOREIGN INVESTORS IN THE E-COMMERCE SECTOR

Article 40. Market access conditions for foreign investors in the e-commerce sector

1. Market access conditions for foreign investors in the management and operation of intermediary e-commerce platforms, social networks for e-commerce, integrated e-commerce platforms include:

a) Forms of investment include establishing an economic organization or investing capital, purchasing shares, or purchasing equity contributions in accordance with the Investment Law;

b) Foreign investors who control organizations that are managers of intermediary e-commerce platforms, social networks for e-commerce, integrated e-commerce platforms which are large digital platforms under consumer protection laws must obtain the opinion of the Ministry of Public Security on national security.

2. A foreign investor controls an organization that is the manager of an intermediary e-commerce platform, social network for e-commerce, integrated e-commerce platform as stipulated in point b of Clause 1 of this Article when it falls into one of the following situations:

a) The foreign investor holds ownership of more than 50% of the charter capital or more than 50% of voting shares of the organization;

b) The foreign investor directly or indirectly decides on the appointment, dismissal, or removal of the majority or all members of the board of directors, chairman of the board of members, director, or general manager of the organization;

c) The investor has the right to decide important issues in the business operations of the organization including the selection of technology platforms, forms of business organization; selection of industries, professions, areas, forms of business; adjustment of scale and industries, professions in business; selection of forms, methods of raising, allocating, and using business capital of that organization.

Competent state agencies shall seek the written opinion of the Ministry of Public Security on national security during the process of considering applications for issuance or adjustment of Business Licenses of platform managers as stipulated in point b of Clause 1 of this Article according to the Government's regulations on trading activities and related activities directly related to trading activities of foreign investors, economic organizations with foreign investment.

Chapter VI
ELECTRONIC CONTRACT VERIFICATION SERVICES

IN COMMERCE

Article 41. Responsibilities of organizations providing electronic contract authentication services in commerce.

1. Ensuring the confidentiality, integrity, and verifiability of electronic contracts stored and authenticated through their service systems.

2. Appointing online contact points, providing documentation, and supporting competent state agencies in investigating violations related to electronic contract authentication services in commerce.

3. Publicizing the operational regulations for providing electronic contract authentication services in commerce at easily visible locations on their service systems in the Vietnamese language.

4. Safely storing complete data on authenticated electronic contracts; ensuring accessibility, searchability, and provision when requested by competent state agencies. The retention period shall be carried out according to accounting laws, with a minimum of ten years from the date of authentication of the electronic contract, except where the law specifies a longer period.

Article 42. Conditions for operating electronic contract authentication services in commerce.

1. An organization shall be granted a Business License for providing electronic contract authentication services in commerce if it meets the following conditions:

a) Possessing a Business License for reliable services that includes the permitted business activity of providing data message authentication services under the law on electronic transactions;

b) Having a proposal for providing electronic contract authentication services in commerce as stipulated in Article 44 of this Decree.

2. The Business License for providing electronic contract authentication services in commerce has a validity period of ten years.

Article 43. Licensing Documents, Amendment and Supplement of Licenses, Revocation of Business Licenses for Electronic Contract Authentication Services in Commerce.

1. Licensing documents for providing electronic contract authentication services in commerce include:

a) Information declaration form according to Form No. 03 in Appendix II of this Decree;

b) Copies of licenses, certificates, certifications, approval documents from competent authorities or similar documents proving compliance with the conditions for operating electronic contract authentication services in commerce (if applicable);

In cases where the above-mentioned documents and materials already have electronic data with legal validity and can be accessed through connections and sharing between the Administrative Procedure Information System and national databases, specialized databases, common information systems, and the National Public Service Portal, they need not be resubmitted;

c) Proposal for providing electronic contract authentication services in commerce as prescribed in Article 44 of this Decree. The proposal format follows Form No. 06 in Appendix II of this Decree.

2. Documents for amending and supplementing the Business License for providing electronic contract authentication services in commerce include:

Organizations providing electronic contract authentication services in commerce must complete the procedures for amending and supplementing the license within twenty working days from the date of change in any of the following information: person responsible for managing service provision activities; business registration certificate information (for businesses) or establishment decision (for organizations); publicized regulations on authentication; content of the proposal for providing electronic contract authentication services in commerce.

Amending and supplementing license documents include:

a) Information declaration form according to Form No. 03 in Appendix II of this Decree;

b) Documentation proving the reasons for amending and supplementing the license (in cases where changes are made to previously approved contents).

In cases where the aforementioned documents and materials already have legally binding electronic data that can be accessed through connections and sharing between the Administrative Procedure Information System and national databases, specialized databases, common information systems, and the National Public Service Portal, there is no need to provide them again.

3. Revocation of the Business License for providing electronic contract authentication services in commerce in the following cases:

a) The organization providing electronic contract authentication services in commerce ceases to provide services and submits a request for revocation of the Business License for providing electronic contract authentication services in commerce from the organization providing such services in accordance with Clause 4 of this Article;

b) The organization providing electronic contract authentication services in commerce engages in acts of law violation requiring cessation of operations according to administrative violation handling laws.

4. Request documents for revoking the Business License for providing electronic contract authentication services in commerce include:

a) Information declaration form according to Form No. 03 in Appendix II of this Decree;

b) Documentation (if available).

5. Licensing, amendment, supplementation, and revocation procedures for Business Licenses for providing electronic contract authentication services in commerce are regulated in Section III of Appendix I of this Decree.

6. Provincial People's Committees shall implement licensing, amendment, supplementation, and revocation of Business Licenses for providing electronic contract authentication services in commerce.

Article 44. Contents of the Proposal for Providing Electronic Contract Authentication Services in Commerce

1. General information about the organization providing electronic contract authentication services in commerce, including: name, type of business, headquarters address, legal representative, contact method, service provision scope, Business License for Trustworthy Services or documentation proving compliance with legal conditions.

2. Description of data storage methods and measures to ensure the integrity of electronic contracts and the ability to search for authenticated electronic contracts.

3. Description of procedures for receiving, processing requests, reflections, complaints from organizations and individuals; procedures for handling technical incidents, violations of information security, and mechanisms for coordination with competent state agencies.

4. Regulations on electronic contract authentication in commerce and service provision policies made public on the service-providing information system as prescribed.

Chapter VII
APPLICATION OF TECHNOLOGY IN MANAGEMENT

ELECTRONIC COMMERCE ACTIVITIES

Section 1
ELECTRONIC COMMERCE ACTIVITY MANAGEMENT SYSTEM

Article 45. Electronic Commerce Activity Management System

1. The Ministry of Industry and Trade is the unit responsible for building, managing, and operating the Electronic Commerce Activity Management System at the website http://online.gov.vn, connected to the National Public Service Portal.

2. The Electronic Commerce Activity Management System has functions as stipulated in Clause 2 of Article 37 of the Law on Electronic Commerce, some of which are implemented specifically as follows:

a) Connecting with the National Public Service Portal to synchronize results of administrative procedures in the field of electronic commerce. Administrative procedure results in the field of electronic commerce are electronic confirmation symbols corresponding to those that have been notified, registered, or licensed attached to that digital platform. When selecting this symbol, users are directed to the information published on the Electronic Commerce Activity Management System;

b) Receiving information and resolving complaints, requests, and grievances from organizations and individuals regarding electronic commerce platforms, sellers, and service providers supporting electronic commerce that violate the law, including: information about the organization or individual submitting the complaint, request, or grievance (name, organizational/personal identification number, headquarters address of the organization, place of residence of the individual); name of the reported electronic commerce platform; seller's name; name of the reported service provider supporting electronic commerce; reasons for the complaint; copies of documents proving the violation. Complaints, requests, and grievances will be recorded in the system and allow the submitter to track the resolution results;

c) Monitoring electronic commerce activities based on electronic commerce databases and legitimate complaints, requests, and grievances to issue public warnings about risks associated with electronic commerce platforms or goods and services suspected of violating the law;

d) Monitoring the provision of electronic contract authentication services in commerce based on data on electronic contract authentication services in commerce provided by the organization;

e) Receiving and processing online reports on electronic commerce as prescribed in Article 22 of this Decree;

f) Publishing lists of electronic commerce platforms confirmed through notifications or registrations, and lists of organizations providing electronic contract authentication services in commerce that have been licensed, including: names of electronic commerce platforms according to notifications or registrations; names and contact information of platform managers, organizations providing electronic contract authentication services in commerce; business registration certificate numbers, establishment decision numbers for organizations, personal tax identification numbers or business tax identification numbers for individuals or households.

Section 2
DATABASE ON ELECTRONIC COMMERCE

Article 46. Scope of Data in the E-commerce Database

The e-commerce database includes the following information:

1. Data on managing e-commerce activities including:

a) Information on e-commerce platforms that have completed notification and registration procedures with state management agencies for e-commerce;

b) Information on e-commerce platforms reported to be in violation of laws;

c) Results of administrative violations inspection and handling activities in e-commerce;

d) System of legal normative texts in the field of e-commerce;

đ) Data on electronic contract authentication services in commerce;

e) Complaint and report information from consumers and intellectual property rights holders on the e-commerce activity management system;

g) Information on requests to remove, review goods and services violating the law by competent state authorities;

h) Information on prohibited goods, counterfeit goods, goods infringing intellectual property rights, smuggled goods, goods of unknown origin, or goods violating other legal provisions in the field of e-commerce;

i) Information interconnected with other databases.

2. Data on online reports as stipulated in Article 22 of this Decree.

3. Data on import and export activities through e-commerce including:

a) Data on electronic customs declarations, information on declared exported and imported goods through e-commerce;

b) Data on value, quantity, exporting country, importing country through e-commerce;

c) Other related data.

4. Data on taxes in e-commerce including:

a) List of foreign e-commerce platforms operating in Vietnam that have registered and declared taxes;

b) Revenue, taxable income of e-commerce platform managers;

c) Number of sellers and total tax of sellers on e-commerce platforms with online ordering and payment functions;

d) Other related data.

5. Data on transportation and delivery in e-commerce including:

a) Number of orders transported and delivered by region;

b) Information on cross-border e-commerce goods transportation and delivery into Vietnam: name of exporting organization or individual; number of orders of each exporting organization or individual; quantity of imported goods according to HS code;

c) Other related data.

Article 47. Sources of Information for Building and Updating the E-commerce Database

1. The e-commerce database is established, collected, updated, and synchronized from the following sources:

a) Data from state management agencies for e-commerce;

b) Data shared and synchronized from national databases, specialized databases by ministries, sectors, localities related to e-commerce activities;

c) Data shared and updated from e-commerce platforms, organizations providing electronic contract authentication services in commerce, organizations providing e-commerce support services, intellectual property right holders, and other organizations or individuals related to e-commerce activities;

d) Data from results of administrative procedures and public services implementation processes in the field of e-commerce;

đ) Data from statistical reports in the field of e-commerce and related fields that have been digitized, provided, and integrated by organizations or individuals;

2. Management agencies, national database management agencies, and specialized databases related to the scope of data in the e-commerce database are responsible for updating and adjusting the information as stipulated in Article 46 of this Decree, ensuring the completeness, accuracy, consistency, and quality of the updated and shared data.

3. Building the e-commerce database must ensure the completeness, accuracy, consistency, and quality of data, comply with legal regulations on data, e-commerce laws, and other relevant laws.

Article 48. Use and exploitation of information from the database on electronic commerce

1. Subjects using and exploiting information from the database on electronic commerce include:

a) The Ministry of Industry and Trade uses data from the database on electronic commerce to serve state management activities related to electronic commerce;

b) State agencies according to their functions and tasks use information in the database on electronic commerce to serve state management within their authority;

c) Agencies, organizations, and individuals exploit and use open data from the database on electronic commerce through the Ministry of Industry and Trade's Electronic Information Portal.

2. Methods for exploiting and using the database on electronic commerce include:

a) Connecting and sharing data between national databases, specialized databases, other databases, and information systems;

b) Through the National Data Portal, the National Public Service Portal, the Ministry of Industry and Trade's Electronic Information Portal, and the Ministry of Industry and Trade's Administrative Procedure Resolution Information System;

c) The electronic identity and authentication platform;

d) The national identity application;

d) Equipment, means, and software provided by the unit managing and maintaining the data;

e) Other methods when approved by the Ministry of Industry and Trade.

Chapter VIII
STATE MANAGEMENT RESPONSIBILITIES

 

Article 49. Responsibilities of the Ministry of Industry and Trade

1. Advising and assisting the Government in state management of electronic commerce and organizing the implementation of this Decree.

2. Receiving and processing administrative procedures for registering electronic commerce platforms; administrative procedures related to withdrawing security deposits.

3. Building, managing, and operating the System for Managing Electronic Commerce Activities and the Database on Electronic Commerce.

4. Organizing the construction, operation, maintenance, and upgrading of technical infrastructure and software for exploiting the database on electronic commerce at the central level, ensuring synchronization and uniformity nationwide.

5. Providing information about electronic commerce to organizations and individuals in accordance with the provisions of the law.

6. Guiding technology, monitoring, inspecting, and handling violations within its authority.

7. Taking the lead and coordinating with relevant ministries, sectors, provincial people's committees, agencies, organizations, and individuals to select topics for launching, building detailed implementation plans; guiding, directing, and organizing the implementation of National Electronic Commerce Day annually, ensuring practicality, effectiveness, and economy.

Article 50. Responsibilities of Ministries, Agencies Equivalent to Ministries, and Other Relevant Agencies

1. Ministries and agencies equivalent to ministries within the scope of their functions and tasks shall perform the following responsibilities:

a) Cooperating with the Ministry of Industry and Trade in managing electronic commerce activities;

b) Based on the plan and guidance of the Ministry of Industry and Trade and the actual conditions of each ministry and sector, organizing appropriate promotional activities for National Electronic Commerce Day annually;

c) Inspecting and handling violations of laws in electronic commerce within their authority;

d) Connecting, sharing, and synchronizing information related to electronic commerce with the database on electronic commerce within their authority.

2. The Ministry of Finance is responsible for connecting, sharing, and synchronizing information as prescribed in Clause 3 and Clause 4 of Article 46 of this Decree; after completing the customs declaration system related to the database on electronic commerce, notifying the Ministry of Industry and Trade of the list of foreign electronic commerce platforms operating in Vietnam that have reached 100,000 transactions with buyers in Vietnam as stipulated in Point b Clause 1 of Article 31 and Point b Clause 1 of Article 32 of this Decree.

3. On the basis of the proposal document of the competent state agency, the Ministry of Public Security is responsible for issuing a national security assessment document, returning it to the competent state agency as prescribed in Clause 3 of Article 40 of this Decree.

4. Media and press agencies build plans to promote electronic commerce and National Electronic Commerce Day.

Article 51. Responsibilities of the Provincial People's Committee

1. Receiving, processing administrative procedures for notification of direct e-commerce platforms with online ordering functions and issuing permits for electronic contract certification services in commerce.

2. Implementing state management over e-commerce within their jurisdiction according to their authority.

3. Based on plans and guidance from the Ministry of Industry and Trade and the actual conditions of each locality, organizing appropriate activities to promote National E-commerce Day annually at the local level.

Chapter IX
IMPLEMENTING PROVISIONS

 

Article 52. Implementation Provisions

1. This Decree shall take effect from July 1, 2026, except as provided in Clause 2 of this Article.

2. The managers of e-commerce platforms shall be responsible for implementing electronic verification of the identities of sellers and live-streamers selling goods from January 1, 2027.

3. Decree No. 52/2013/ND-CP dated May 16, 2013 of the Government on e-commerce and Decree No. 85/2021/ND-CP dated September 25, 2021 of the Government amending and supplementing certain articles of Decree No. 52/2013/ND-CP dated May 16, 2013 of the Government on e-commerce shall cease to be effective from the date this Decree takes effect, except as provided in Article 53 of this Decree.

4. Amend the phrase "providing e-commerce services" to "managing and operating intermediary e-commerce platforms, social networks engaged in e-commerce, integrated e-commerce platforms" in Decree No. 09/2018/ND-CP dated January 15, 2018 of the Government detailing the Law on Commerce and the Law on Foreign Trade Management regarding trading activities and related activities directly associated with foreign investors' trading activities and foreign-invested economic organizations in Vietnam.

Article 53. Transitional Provisions

E-commerce platforms (websites, applications) that have been confirmed through notifications or registrations prior to July 1, 2026 may continue operations according to the confirmed content until June 30, 2027. During this period, platform managers must complete supplementary procedures for the confirmed files in accordance with this Decree.

Article 54. Responsibility for Enforcement

Ministers, Heads of ministerial-level agencies, Chairpersons of provincial People's Committees, cities, and relevant organizations and individuals are responsible for enforcing this Decree.