Decree 248/2026/NĐ-CP – guiding the E-commerce Law

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

Pursuant to the Law on Electronic Commerce No. 122/2025/QH15;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree detailing some articles of the Law on Electronic Commerce.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the Law on Electronic Commerce No. 122/2025/QH15 (hereinafter referred to as the Law on Electronic Commerce) regarding:

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

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

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

4. Clause 4, Article 15 on the responsibilities of the e-commerce platform administrators;

5. Clause 5, Article 17 on the responsibilities of intermediate e-commerce platform administrators;

6. Clause 5, Article 18 on the responsibilities of social network administrators conducting e-commerce activities;

7. Clause 3, Article 19 on the responsibilities of integrated e-commerce platform administrators;

8. Clause 2, Article 20 on the responsibilities of e-commerce platform administrators integrated into an integrated e-commerce platform in case of detecting technical errors related to authorization, access, control, and data usage among parties;

9. Clause 7, Article 27 on transaction thresholds with buyers in Vietnam; conditions for managing and operating e-commerce platforms; deposit requirements; authority, procedures, and processes for registering, amending, supplementing, and terminating registration of foreign e-commerce platforms operating e-commerce in Vietnam;

10. Point b, Clause 1, Article 30 on the responsibility of legal entities authorized in Vietnam for e-commerce platforms directly conducting online ordering, intermediary e-commerce platforms with online ordering functions, social networks engaging in e-commerce with online ordering functions in implementing the removal of information about goods and services violating the law upon receiving a request from the competent state authority;

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

12. Clause 1, Article 33 regarding the responsibility of organizations providing technical infrastructure services supporting e-commerce in preventing violations from the time they receive a request from a competent state agency;

13. Clause 2, Article 34 regarding the responsibility of organizations providing logistics services supporting e-commerce in temporarily suspending logistics services from the time they receive a request from a competent state agency;

14. Point d, Clause 3, Article 35 regarding the responsibility of organizations providing payment services, intermediary payment services supporting e-commerce in removing integrated e-commerce platforms that show signs of law violations or violate the law from the time they receive a request from a competent state agency;

15. Clause 3, Article 36 regarding electronic contract authentication services in commerce;

16. Clause 3, Article 37 regarding the e-commerce operation management system;

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

Article 2. Subjects of application

This decree applies to the operators of e-commerce platforms; organizations

providing technical infrastructure services supporting e-commerce; organizations providing logistics services supporting e-commerce; organizations providing payment services, intermediary payment services supporting e-commerce; foreign investors in the field of e-commerce; legal entities authorized in Vietnam to represent foreign e-commerce platforms operating in Vietnam, and other related organizations and individuals.

Article 3. National E-commerce Day

1. December 12 every year is National E-commerce Day.

2. The conditions and requirements for organizing National E-commerce Day shall be carried out in accordance with the legal provisions on the day of response.

3. Activities responding to National E-commerce Day include:

a) Propaganda, dissemination, training, and workshops on e-commerce law and online shopping skills to mobilize and focus the attention, response, and participation of the entire society in National E-commerce Day;

b) Public activities that attract the participation of a large number of e-commerce platform owners, sellers, buyers, and related agencies, organizations, and individuals;

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

d) Other activities suitable to the theme and plan for responding to National E-commerce Day.

4. The plan to organize activities in response to National E-commerce Day is 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 PUBLICLY DISCLOSED ON THE E-COMMERCE PLATFORM

Article 4. Information about the operator of the e-commerce platform

Information about the entity managing the e-commerce platform includes at least the following content:

1. Name, address of the organization's headquarters, name of the legal representative

or the name, residential address of the individual;

2. Number, date of issue, and place of issue of the Business Registration Certificate or number, date of issue, place of issue, and issuing unit of the Establishment Decision for organizations, tax identification number of individuals, or tax identification number of 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 information usage;

c) The duration of information storage or the method for determining the duration of information storage;

d) Organizations or individuals who may access personal information;

dd) Measures for protecting user information and data;

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

g) Methods and procedures for receiving requests from data subjects regarding the deletion, destruction, or restriction of processing their provided data;

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

2. The content specified 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 the parties

The operator of the e-commerce platform shall publicly disclose the rights and obligations of the 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 e-commerce platform operator

a) Issue, publicly disclose, and organize the implementation of operational conditions and transaction conditions;

b) Develop and publicly disclose service standards and procedures for participating in activities on the platform;

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

d) Complete or summary information about the applied promotional form

provide to the buyer before placing an order;

d) Ensure safe and stable platform operation;

e) Regulations on cases of temporary suspension, termination, and restriction of seller and buyer accounts;

g) Apply necessary measures to ensure the security of information related to the business secrets of users and personal information of consumers;

h) Receive and handle requests, feedback, and complaints from users;

i) Monitor and prevent illegal acts; coordinate and provide information and data as requested by competent state agencies.

2. Rights and obligations of sellers

a) Be allowed to register, maintain, temporarily suspend, or terminate the sale of goods and service provision; decide on goods, services, selling prices, and promotional policies in accordance with the law and agreements with the platform owner;

b) Be allowed to use the platform's technical infrastructure and support tools; access data directly related to business activities; ensure full and timely payment, and have requests, feedback, and complaints addressed according to principles of transparency and openness;

c) Provide accurate and complete information; ensure the quality of goods and services; fully fulfill obligations for delivery, warranty, exchange, and refund; do not use the platform to conduct businesses in prohibited sectors, counterfeit goods, goods infringing intellectual property rights, and other illegal activities;

d) Fulfill financial obligations to the State; protect buyer data; protect consumer information; coordinate with the platform administrator and competent state authorities in handling legal violations.

3. Rights and obligations of buyers

a) Be ensured consumer rights; be provided with complete and accurate information about goods, services, and sellers;

b) Be allowed to choose goods, services, payment, and delivery methods; have personal data protected; have complaints, requests, and disputes resolved according to regulations;

c) Provide necessary and accurate information; make full and timely payments;

d) Comply with legal regulations, operating conditions, and transaction conditions of the platform; do not exploit the platform to commit acts that violate the law.

Article 7. Methods for receiving and resolving feedback, requests, complaints

Methods for receiving and handling feedback, requests, and complaints include at least the following:

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

2. The procedures and steps for receiving and handling feedback, requests, and complaints, including specific steps that the parties need to carry out;

3. The specific timeframe for the initial response and the expected resolution timeframe for each type of common issue;

4. The measures and tools that the platform applies to support the resolution of feedback, requests, and complaints.

Article 8. Pricing Policy

The pricing policy on the e-commerce platform with online ordering function must include at least the following contents:

1. Regarding the price of goods and services provided on the platform: it must clearly indicate whether such price includes or does not include costs related to purchasing the goods or services such as taxes, shipping fees, and other arising costs;

2. For service usage costs for sellers: in cases where the e-commerce platform charges for account opening, maintenance, order processing, and other services, the policy must include detailed information about the pricing schedule, the method of calculating each type of service fee, and the time of application. In case of any changes, it must be publicly announced on the platform at least 20 days prior to the effective date.

Article 9. Conditions or restrictions in providing goods or services

1. In cases where the e-commerce platform has an online ordering function with conditions or limitations in providing goods or services applicable to sellers or buyers on its platform, the platform operator must publicly disclose all such conditions and limitations.

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

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

b) Geographic scope limits: specific areas, territories, or localities where goods or services are delivered or restricted;

c) Customer restrictions: conditions regarding age or specific residential areas to access goods or services;

d) Quantity limits: the maximum or minimum quantity of goods per transaction or per customer;

e) Service availability conditions: situations in which goods or services may be discontinued or interrupted due to technical reasons, maintenance, or force majeure events.

Article 10. Payment policy

The payment policy on an e-commerce platform that functions for online ordering includes at least the following contents:

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

2. Refund methods in case of returning goods or terminating services;

3. In case the e-commerce platform establishes a point accumulation, point redemption, or benefits with redeemable value, the platform must publicly disclose in the payment policy the way points are formed and used, the scope of application, conditions, rates, redemption limits, and the responsibilities of the parties; points cannot be redeemed for cash.

Article 11. Policy on display priority

1. In the case that an e-commerce platform uses algorithms or measures to limit or prioritize the display of goods and services, it must publicly disclose all the main criteria used as prescribed in Clause 2 of this Article.

2. The main criteria used may include:

a) Relevance to search keywords (including the name of the goods, products

case, description of goods, services);

b) Pay fees to display;

c) Buyer's search and transaction history on the platform;

d) Buyer evaluations and feedback;

de) The number of successful orders;

e) Factors related to the user's locality, country, or territory;

g) Delivery and payment methods;

h) Other main criteria.

3. In cases where the e-commerce platform allows users to select or modify the main criteria mentioned in Clause 2 of this Article, the platform operator shall publicly disclose the method for making such selections or modifications.

Article 12. Regulations on Livestream Sales Activities

In the case that the e-commerce platform provides the livestream sales feature, it must publicly disclose the regulations on livestream sales activities, including at least the following contents:

1. Rights and obligations of the parties participating in livestream sales;

2. Subjects, procedures, and guidance for livestream sellers on carrying out electronic authentication identification;

3. Conditions, procedures, and formalities for registering to open seller accounts and livestream seller accounts;

4. Regulations on specific cases where livestreaming must be stopped, information displayed must be removed, or links must be disabled;

5. Procedures and specific guidance on how to use tools that allow livestream sellers to display warning content when livestreaming sales of goods or services that may pose safety risks, adversely affect the life, health, or property of buyers according to legal regulations;

6. Detailed procedures and instructions on how to implement the mechanism for receiving and resolving feedback, requests, and complaints from viewers during and after the livestream sales process.

Article 13. Delivery policy

E-commerce platforms with online ordering functions have

Trading activities of buying and selling goods must publicly disclose the delivery policy, including at least the following contents:

1. Delivery methods, shipping units, delivery;

2. Estimated timeframe for delivery;

3. Geographical limitations for delivery (if any);

4. Responsibilities of the logistics service provider regarding providing order information during the delivery process;

5. Inspection policy (if any).

Article 14. Policy on product returns and refunds

E-commerce platforms with online ordering functions that involve buying and selling goods must publicly disclose their return and refund policies, including at least the following contents:

1. Conditions for goods to be exchanged and refunded;

2. Time limit for requesting product returns and refunds;

3. Procedure for receiving and processing product return and refund requests;

4. Methods of returning goods and refunding money;

5. The reimbursement costs of the parties.

Article 15. Policy on methods of service delivery

1. In the case where an e-commerce platform has an online ordering function providing services used directly on the platform, the platform publicly discloses the policy on the method of service provision, including at least the following contents:

a) The duration of service use, types of suitable electronic devices, the number of devices allowed to use simultaneously;

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

c) Notice of any limitations during use (if any).

2. In case the e-commerce platform has the online ordering function providing the service of pre-ordering for later use, the platform must make public the policy on the method of service delivery, including at least the following contents:

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

b) Duration of service use; conditions for change, cancellation, and any incurred costs (if any).

Article 16. Service termination and refund policy

The e-commerce platform with the online ordering function providing services on the platform must make public the service termination policy to buyers, including at least the following contents:

1. Cases of service termination and methods for resolving the consequences of service termination;

2. The time when the contract becomes invalid and the method of service fee payment in the case where the buyer is the party terminating the contract. In case the time when the contract becomes invalid is not clearly announced in the case where the buyer is the party terminating the contract, the time when the buyer sends the notice is considered as the time the contract is terminated;

3. The procedure and response time for the buyer to send a notice of contract termination on the e-commerce platform when there is no longer a need to use the service;

4. The method of refund upon service termination.

Chapter III. RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

IN E-COMMERCE ACTIVITIES

Article 17. Responsibilities of the e-commerce platform managing entity

1. The operator of the e-commerce platform shall perform the responsibilities specified in Article 15 of the Law on E-commerce, among which some contents are implemented specifically as follows:

a) Fully, accurately, and clearly disclose the contents or provide a link to view the detailed contents regulated in Chapter II of this Decree on the main screen of the e-commerce platform and have a clear distinguishing mark;

b) Periodic online reports through the e-commerce activity management system are carried out in accordance with the provisions in Clause 1, Article 22 of this Decree or provide information upon the request of competent state agencies;

c) Have measures to check, review, remove, and promptly handle information about goods and services that infringe intellectual property rights, goods, and services related to business activities that violate the law within 24 hours from the receipt of a request from a competent state agency;

d) Update keywords according to recommendations from competent state agencies and filter information based on keywords before information about goods and services is displayed on the e-commerce platform;

dd) Maintain and use the account that has completed administrative procedures in the E-commerce activity management system to receive and respond to information in order to resolve complaints, feedback, and disputes related to the e-commerce platform;

e) Coordinate with the intellectual property rights holder to review, temporarily remove, or block access to information about goods and services that show signs of infringing intellectual property rights in accordance with the method of receiving and resolving reflections, requests, and complaints publicly available on the platform as stipulated in Article 7 of this Decree.

2. The administrator of an e-commerce platform with online ordering functions shall perform the responsibilities prescribed in Clause 1 of this Article and the provisions of Article 12 of the Law on E-Commerce. In case the e-commerce platform integrates an automatic system for concluding electronic contracts, the administrator of the e-commerce platform shall perform the responsibilities prescribed in Clause 1 of this Article and the provisions of Article 13 of the Law on E-Commerce.

3. The administrator of an intermediary e-commerce platform with the function of online ordering is a large digital platform, and social networks engaging in e-commerce with the function of online ordering are large digital platforms, according to the law on consumer protection, shall perform the responsibilities stipulated in paragraph 2 of this Article and the online reporting responsibility according to paragraphs 2 and 3 of Article 22 of this Decree.

Article 18. Responsibilities of the administrator of an intermediary e-commerce platform

1. The administrator of an intermediary e-commerce platform shall perform the responsibilities stipulated in Article 17 of the E-Commerce Law, in which certain contents are carried out specifically as follows:

a) Carry out the electronic authentication of domestic sellers' identities through the following information:

For domestic individuals: full name; date of birth; personal identification number;

For domestic organizations: the name of the organization; address of the headquarters; organization identification number; full name, date, month, year of birth, personal identification number of

legal representative;

b) Carry out the authentication of foreign sellers through the following legal documents:

For foreign individuals: name, passport number, name of the country or territory of the individual as shown in the passport or other equivalent documents valid for at least 06 months from the date of approval issued by the competent foreign authority;

For foreign organizations: name of the organization, address of the head office, name of the country or territory of the organization as shown in the Business Registration Certificate or other equivalent documents issued by the competent foreign authority; name, passport number of the legal representative or other equivalent documents valid for at least 06 months from the date of approval issued by the competent foreign authority;

c) Publicly disclose information about the name and business location of enterprises and business households according to the registration content that has been submitted to the business registration authority; the name and address of the organization’s headquarters; the name and residential address of individuals. The information must be transcribed into Vietnamese or displayed in Latin characters;

d) Review the content of information about goods and services created by sellers before allowing it to be displayed on the platform, ensuring that the information does not belong to the list of prohibited investment and business sectors, goods, or services temporarily suspended from circulation as announced by the competent state authority, or update keywords as required by the competent state authority;

d) Ensure the accessibility of information and data on goods and services posted from the seller's account for at least 01 year from the date of posting.

2. The administrator of an intermediary e-commerce platform with online ordering functions shall perform the responsibilities specified in Clause 2, Article 17 of the Law on Electronic Commerce, in which certain contents are carried out specifically as follows:

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

b) Accept the return of goods in cases where the goods provided by the seller do not comply with the content that has been notified, announced, listed, advertised, introduced, contracted, or committed on the platform, and carry out exchanges or refunds according to the policy announced on the platform as prescribed in Article 14 of this Decree.

c) Fully disclose information about the recall of defective goods on the platform immediately upon receiving information from the seller or the competent state agency within 10 consecutive days in a visible location; publicly provide contact information for the point of receipt of the returned goods; directly inform the buyer of those goods on the platform through the buyer's account on the platform or other suitable contact channels that the buyer has registered on the platform;

d) Provide necessary information to support parties participating in transactions on the platform according to the method of receiving and resolving reflections, requests, and complaints that have been publicly disclosed as prescribed in Article 7 of this Decree; provide information to competent state authorities about acts that appear to violate the law or illegal acts through the designated contact point and through the e-commerce activity management system within 24 hours from the time of receiving the request to serve the inspection, examination, and handling of violations;

d) Provide tools for sellers to access their accounts to download data about goods and services posted within 01 year from the posting date, data about concluded contracts within 03 years from the contract conclusion date, except in cases where the seller voluntarily deletes the account. In cases where the seller's account is suspended or terminated, the platform administrator ensures that the seller can access the account or other methods to download data about previously concluded contracts for at least 03 years from the time the account is suspended or terminated;

e) Suspend or terminate the seller's account within 24 hours from the receipt of a request from a competent state agency.

3. The administrator of an intermediary e-commerce platform with online ordering functions is a major digital platform as stipulated by the law on consumer protection and shall perform the responsibilities prescribed in Clause 3, Article 17 of the Law on E-commerce, in which some contents are carried out specifically as follows:

a) Responsibilities stipulated in Clause 2 of this Article;

b) Have a system to receive and resolve online feedback, requests, and complaints on the platform in accordance with Clause 4 of this Article;

c) There is a system for reviewing, warning, and automatically removing information about goods and services that violate the law; there are measures to prevent repeat offenses, including violations of the platform's operating conditions and transaction conditions.

e-commerce has been handled by the e-commerce platform but continues to engage in that violation;

d) In the case where the platform cooperates with organizations providing payment services, intermediary payment services, or logistics services, the platform administrator must publicly disclose on the platform information about the organizations providing payment services, intermediary payment services, or logistics services; display the full name or registered abbreviation or trade name of the service-providing organization that meets the criteria for providing payment services, intermediary payment services, or logistics services for specific goods and services, in accordance with the cooperation agreement between the parties, and allow buyers to choose the organization providing payment services, intermediary payment services, or logistics services.

4. The system for receiving and resolving online reflections, requests, and complaints on the platform must meet the requirements prescribed in clause 4, Article 17 of the Law on E-commerce, in which some contents are specifically implemented as follows:

a) Have a clear, public process, an interface that is easy to access, user-friendly, and allows users to submit reflections, requests, complaints, preliminary evidence, and track the progress of resolving reflections, requests, and complaints;

b) After receiving reflections, requests, and complaints, the system must promptly receive and process them according to the methods of receiving and resolving reflections, requests, and complaints publicly announced on the platform under the provisions of Article 7 of this Decree;

c) In the case where the seller proves that the seller has not violated the agreement and legal regulations but the issue arises due to errors of the system for receiving and handling online feedback, requests, and complaints on the platform, the platform operator must take measures to remedy the situation for the seller and adjust the system appropriately;

d) In the case of using an automated mechanism to operate the system for receiving and handling online feedback, requests, and complaints, the operational process of the automated mechanism must be reviewed by humans before being applied; during operation, this automated mechanism must be checked, evaluated, and adjusted when necessary. If the user does not agree with the outcome of the automated mechanism, the feedback, request, or complaint must be referred to a human for review and final decision.

Article 19. Responsibilities of the operator of social networks conducting e-commerce activities

1. The administrator of social networks engaged in e-commerce shall fulfill the responsibilities prescribed in Clause 1, Article 18 of the Law on E-commerce, in which some specific contents are carried out as follows:

a) Responsibilities prescribed in Article 17 of this Decree;

b) Publicly displaying indicators to identify seller accounts, which must be clearly visible, easily recognizable, and not cause confusion with other user accounts.

2. The administrator of social networks engaged in e-commerce with online communication functions integrated with a tool for notifying contract conclusion confirmation shall fulfill the responsibilities prescribed in Clause 2, Article 18 of the Law on E-commerce, in which some specific contents are carried out as follows:

a) Responsibilities prescribed in Clause 1, Article 18 of this Decree and Clause 1 of this Article.

b) Organizations and individuals are required to select and use the seller's account information when using the online communication feature integrated with the contract confirmation notification tool on the platform.

3. The administrator of social networks engaged in e-commerce with live-streaming sales functions and online ordering functions shall perform the responsibilities stipulated in Clause 3, Article 18 of the Law on E-commerce, in which some contents are specifically implemented as follows:

(a) Responsibilities specified in Clause 2, Article 18 of this Decree and Clause 1 of this Article;

(b) Organizations and individuals are required to select and use the seller's account information when using the online ordering function.

4. Social network administrators operating e-commerce with livestream sales features and online ordering features are considered large digital platforms under the law on consumer rights protection and shall perform the responsibilities prescribed in Clause 3 of this Article, Clause 3 of Article 18 of this Decree, and Clause 4 of Article 18 of the Law on E-commerce.

Article 20. Responsibilities of the controllers of integrated e-commerce platforms

Article 20. Responsibilities of administrators of integrated e-commerce platforms

1. Administrators of integrated e-commerce platforms shall perform the responsibilities stipulated in Clause 1 of Article 19 of the Law on E-commerce, some of which are carried out specifically as follows:

a) Responsibilities prescribed in Article 17 of this Decree;

b) Clearly notify users about the name of the integrated platform; the rights and obligations of the parties; the method for receiving and resolving feedback, requests, and complaints at a visible location or provide a link to the content; have a mechanism that allows users to express consent before each access to the integrated platform; allow the content to be accessible and reviewed from the user's account;

c) There is a tool that allows the platform to be integrated to access and use data generated by that platform on the integrated e-commerce platform according to the electronic contract between the two parties and must be certified by the organization providing the licensed electronic contract certification service;

d) Remove upon the request of the competent state authority for platforms that are integrated and have illegal conduct or signs of illegal conduct within 24 hours from the time of receiving the request from the competent state authority;

d) Update the list of e-commerce platforms integrated into the e-commerce activity management system immediately upon any changes.

2. The administrator of an integrated e-commerce platform is a large digital platform as defined by the law on consumer protection, responsible for fulfilling the obligations stipulated in Clause 2, Article 19 of the Law on E-commerce and Clause 1 of this Article.

Article 21. Responsibilities to prevent, remove information, suspend or terminate service provision related to illegal conduct by e-commerce entities

1. In the case of detecting technical errors related to the authorization, access, control, or use of data between parties, the administrator of the integrated e-commerce platform must notify the integrated e-commerce platform to rectify the issue within 24 hours from the time of detection.

2. Organizations providing technical infrastructure services supporting e-commerce as prescribed in Article 33 of the Law on E-commerce are responsible for preventing violations within 24 hours from the time of receiving a request from the competent state authority.

3. Organizations providing logistics services supporting e-commerce as prescribed

According to Article 34 of the Law on E-commerce, there is a responsibility to suspend service provision within 24 hours from the time of receiving a request from a competent state agency.

4. Organizations providing payment services and intermediary payment services as prescribed in Article 35 of the Law on E-commerce have the responsibility to remove platforms that show signs of violating the law or violate the law within 24 hours from the time of receiving a request from a competent state agency.

5. Legal entities acting under authorization in Vietnam as prescribed in Article 30 of the Law on Electronic Commerce shall remove information about goods and services that violate the law within 24 hours from the time of receiving a request from the competent state agency.

Article 22. Online Reporting

1. Before February 15 each year, the administrators of electronic commerce platforms must report online the results of electronic commerce activities of the previous year through the Electronic Commerce Activity Management System according to Form No. 08, 09, 10, 11 in Appendix II of this Decree depending on the business model.

2. Before the 15th of each month, the administrator of an intermediary e-commerce platform that has an online ordering function and is considered a large digital platform, and a social network engaged in e-commerce with an online ordering function that is considered a large digital platform under the law on consumer protection, shall report online on the e-commerce activities of the previous month through the E-commerce Activity Management System according to Form No. 12 in Appendix II of this Decree, depending on the operational model.

3. The administrators of intermediary e-commerce platforms with online ordering functions who are large digital platforms, and social networks conducting e-commerce with online ordering functions that are large digital platforms according to the law on consumer protection, shall perform the responsibility of online reporting on the results of removal through the E-commerce Activity Management System within 48 hours from the time of receiving the request of the competent state authority according to Form No. 13 in Appendix II of this Decree.

4. Organizations specified in Clauses 2, 3, 4, and 5 of Article 21 of this Decree shall perform the responsibility of online reporting on the results of prevention, suspension, and removal through the E-commerce Activity Management System within 48 hours from the time of receiving the request of the competent state authority.

5. Before the 15th of each month, organizations providing electronic contract authentication services in commerce shall report online on the status of providing electronic contract authentication services in commerce for the previous month through the E-commerce operation management system according to Form No. 14 in Appendix II of this Decree.

6. Before the 15th day of the first month of the quarter, organizations providing logistics services supporting e-commerce shall report online the results of transportation and delivery activities in e-commerce in Vietnam for the previous quarter through the E-commerce Activity Management System according to Form No. 15 in Appendix II of this Decree.

7. Organizations specified in this Article are encouraged to build, operate, and maintain an information system and database about their activities to connect and share data via an application programming interface (API); the connection and data sharing shall be carried out following the guidance of the Minister of Industry and Trade, ensuring information security and data protection.

Chapter IV. MANAGEMENT AND OPERATION OF E-COMMERCE PLATFORMS

Section 1. MANAGEMENT AND OPERATION OF E-COMMERCE PLATFORM

DIRECT SALES

Article 23. Direct business e-commerce platforms have the function of online ordering

1. The operator of a direct business e-commerce platform with an online ordering function must have its notification confirmed before operating the platform.

2. The dossiers for notification, amendment, supplement of notification, and termination of notification of a direct business e-commerce platform with an online ordering function shall comply with the provisions of Article 24 of this Decree.

3. The operator of a direct business e-commerce platform with an online ordering function must carry out the procedure for amending or supplementing the notification within 20 working days from the date of change of any of the following information:

a) Change of platform name (website domain name, application name);

b) Change of the person responsible for managing and operating the platform;

c) Change of information in the Enterprise Registration Certificate (for enterprises) or the Establishment Decision (for organizations) or the Business Registration Certificate (for business households);

d) Changing the public content regarding operational conditions and transaction conditions on the platform.

4. The administrator of an e-commerce platform directly conducting business with online ordering functions shall carry out the procedure to terminate notification in the following cases:

a) At the request of the administrator of the e-commerce platform;

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

c) Change of the tax code of the administrator of the e-commerce platform.

5. The state management agency shall terminate the notification of an e-commerce platform directly conducting business with online ordering functions in the following cases:

a) More than 30 days have passed since the state management agency sent a request via the E-commerce Activity Management System to serve the management and supervision of e-commerce activities, and the e-commerce platform does not respond with information;

b) The platform operator engages in illegal acts and must cease the operation of the e-commerce platform according to the provisions of the law on handling administrative violations.

Article 24. Dossier for notification, amendment, supplementation, termination of notification of e-commerce platforms directly conducting business with online ordering functions

1. The notification dossier of an e-commerce platform directly conducting business with online ordering functions includes:

a) Information declaration form according to Form No. 01 in Appendix II of this Decree;

b) Copies of licenses, certificates, certifications, confirmation documents, approvals from competent authorities, or other similar documents when conducting business in goods and services listed in the Catalogue of conditional business sectors and occupations under the provisions of investment law.

In cases where the above-mentioned documents and materials already have electronic data ensured

Legal value and can be exploited through connection and sharing between the administrative procedure resolution information system and national databases, specialized databases, shared information systems, the national public service portal, then there is no need to provide it again.

2. The file for amending and supplementing the notice of an e-commerce platform conducting direct business with online ordering functions includes:

a) Information declaration form according to Form No. 01 in Appendix II of this Decree;

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

3. The file for terminating the notification of a direct e-commerce platform with online ordering functionality includes:

a) Information declaration form according to Form No. 01 in Appendix II of this Decree;

b) Documents, papers proving the reason for termination (if any).

4. The procedure for performing the notification, amendment, supplementation, and termination of notifications for direct e-commerce platforms with online ordering functionality is carried out according to Section I in Appendix I of this Decree.

5. The provincial People's Committee shall confirm notifications, confirm amendments and supplements to notifications, and terminate notifications of direct e-commerce platforms with online ordering functionality.

Section 2. MANAGEMENT AND OPERATION OF INTERMEDIARY E-COMMERCE PLATFORMS, SOCIAL NETWORKS ENGAGED IN E-COMMERCE, INTEGRATED E-COMMERCE PLATFORMS

INTEGRATED E-COMMERCE PLATFORMS

Article 25. Intermediary e-commerce platforms, social networks engaged in e-commerce, integrated e-commerce platforms

1. Administrators of intermediary e-commerce platforms, social networks engaging in e-commerce, and integrated e-commerce platforms are only allowed to operate the platform when they meet the conditions for managing and operating e-commerce platforms and after being confirmed for registration by the Ministry of Industry and Trade.

2. Documents for carrying out the procedures for registration, amendment, supplementation of registration, or termination of registration of intermediary e-commerce platforms, social networks engaging in e-commerce, and integrated e-commerce platforms in accordance with the provisions of Articles 27, 28, and 29 of this Decree.

3. The operators of intermediary e-commerce platforms, social networks conducting e-commerce activities, and integrated e-commerce platforms must implement

procedures for amending and supplementing the registration within 20 working days from the date of change of any of the following information:

a) Change of platform name (website domain name, application name);

b) Change of the person responsible for managing and operating the platform;

c) Change the information on the Enterprise Registration Certificate (for enterprises) or the Establishment Decision (for organizations);

d) Change the operating model of the e-commerce platform;

dd) Change the publicly disclosed content regarding operating conditions and transaction conditions on the platform;

e) Change the terms of the service provision contract;

g) Change or add services provided on the platform.

4. The administrator of a intermediary e-commerce platform, social network operating e-commerce, or integrated e-commerce platform shall perform the procedure for termination of registration in the following cases:

a) At the request of the administrator of the e-commerce platform;

b) The e-commerce platform ceases operation or transfers to another organization;

c) Change of the tax code of the administrator of the e-commerce platform.

5. The state management agency shall terminate the registration of intermediary e-commerce platforms, social networks engaging in e-commerce activities, and integrated e-commerce platforms in the following cases:

a) More than 30 days have passed since the state management agency sent a request via the E-commerce Activity Management System to serve the management and supervision of e-commerce activities, and the e-commerce platform does not respond with information;

b) The platform operator engages in illegal acts and must cease the operation of the e-commerce platform according to the provisions of the law on handling administrative violations.

Article 26. Conditions for management and operation of intermediary e-commerce platforms, social networks engaging in e-commerce activities, and integrated e-commerce platforms

1. Conditions for managing and operating an intermediary e-commerce platform without online ordering functions, social network operating commercially

e-commerce without online ordering function, integrated e-commerce platform:

a) There is dedicated personnel managing e-commerce activities;

b) Having an e-commerce operation plan in accordance with the provisions of Article 30 of this Decree.

2. Conditions for management and operation of intermediary e-commerce platforms with online ordering functions, livestream sales, social networks engaging in e-commerce with online ordering and livestream sales functions:

a) Comply with the management and operation conditions of e-commerce platforms as prescribed in Clause 1 of this Article;

b) In case the platform owner holds the sellers' money arising from transactions on the platform, the platform must have mechanisms for managing the holding, reconciliation, payment, and withdrawal of the sellers' money. These contents must be stipulated in the electronic contract between the platform owner and the sellers, ensuring that the electronic contract is valid as evidence in accordance with the law.

Article 27. Registration dossier for intermediary e-commerce platforms, social networks engaging in e-commerce, integrated e-commerce platforms

1. Registration dossiers for intermediary e-commerce platforms, social networks engaging in e-commerce activities, and integrated e-commerce platforms include:

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

b) Copies of licenses, certificates, certifications, confirmation documents, approvals from competent authorities, or other similar documents when conducting business in goods and services listed in the Catalogue of conditional business sectors and occupations under the provisions of investment law.

In cases where the above-mentioned documents and papers already have electronic data ensuring legal validity and can be accessed through connection and sharing between the Administrative Procedure Resolution Information System and national databases, specialized databases, common-use information systems, and the National Public Service Portal, there is no need to provide them again;

c) E-commerce operation project according to the content stipulated in the Article

30 of this Decree. The Project template according to Form No. 05 in Appendix II of this Decree;

d) Regulations on live-stream selling activities in case the platform has live-stream selling activities;

e) Contract template, agreement between the seller and the platform manager.

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

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

Article 28. Documents for amending and supplementing registration of intermediary e-commerce platforms, social networks engaging in e-commerce, and integrated e-commerce platforms

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

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

b) Documents, 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 engaging in e-commerce, and integrated e-commerce platforms as prescribed in Section II of Appendix I of this Decree.

3. The Ministry of Industry and Trade shall carry out the confirmation of amendments and supplements to the registration of intermediary e-commerce platforms, social networks engaging in e-commerce, and integrated e-commerce platforms.

Article 29. Dossier for requesting the termination of registration of intermediary e-commerce platforms, social networks engaging in e-commerce, and integrated e-commerce platforms

1. The dossier for requesting the termination of registration for intermediary e-commerce platforms, social networks engaging in e-commerce, and integrated e-commerce platforms includes:

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

b) Documents, papers proving the reason for termination (if any).

2. The procedure for terminating the registration of intermediary e-commerce platforms, social networks engaged in e-commerce, and integrated e-commerce platforms as stipulated in Section II of Appendix I of this Decree.

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

Article 30. Contents of the E-commerce Operation Proposal of intermediary e-commerce platforms, social networks engaged in e-commerce, and integrated e-commerce platforms

1. The e-commerce operation proposal of intermediary e-commerce platforms, social networks engaged in e-commerce, and integrated e-commerce platforms shall include at least the following contents:

a) General information about the unit managing and operating the platform, including: name, form of investment, head office address, legal representative, contact methods, scope of platform activities;

b) Description of the business model of the e-commerce platform, including: main functions and features and basic operating procedures of the platform; online order function; live-stream sales function (if any); automated information system for concluding electronic contracts; online communication function integrated with tools to confirm contract conclusion or other tools supporting contract conclusion; procedure for receiving and handling feedback, requests, complaints from organizations and individuals; procedure for detecting and handling violations on the platform and coordination mechanism with competent state agencies when requested;

c) Describe the content and organizational plan for implementing the operational regulations of the e-commerce platform, including: operating conditions applicable on the platform, delineation of rights and responsibilities between the platform owner and the parties using services on the platform; regulations on live-stream sales in cases where the platform engages in live-stream sales.

2. In the case of a large digital platform, the e-commerce operation proposal must include the content stipulated in Clause 1 of this Article; content describing the operation process of the System for receiving and handling online feedback, requests, and complaints; measures for reviewing, warning, and automatically removing information about goods and services that violate the law; measures to prevent repeat violations on the platform.

Chapter V. E-COMMERCE WITH FOREIGN ELEMENTS

Section 1. PLATFORM MANAGEMENT AND OPERATION

FOREIGN ELECTRONIC COMMERCE

Article 31. Foreign direct e-commerce platforms with online ordering functions engaging in e-commerce activities in Vietnam

1. Foreign direct e-commerce platforms with online ordering functions engaging in e-commerce activities in Vietnam must register with the Ministry of Industry and Trade when meeting one of the following cases:

a) The platform has a mechanism that allows the selection of the Vietnamese language on the platform or uses the Vietnamese national domain name ".vn". The platform owner must be confirmed to register before operating the platform in Vietnam;

b) The platform reaches 100,000 transactions with buyers in Vietnam or more within 01 year from January 01 of the calendar year. The platform operator must register within 60 days from the time the threshold is reached. The number of transactions with buyers in Vietnam on the platform is determined based on data self-published by the platform operator or data verified by a competent state authority.

2. The registration dossier for a foreign direct e-commerce platform with online ordering functions that conducts e-commerce activities in Vietnam according to the provisions of Article 33 of this Decree.

3. The operator of a foreign direct e-commerce platform with online ordering functions that conducts e-commerce activities in Vietnam must carry out procedures to amend or supplement the registered dossier within 20 working days from the date of any change in the following information:

a) Change of platform name (website domain name, application name);

b) Change of the person responsible for managing and operating the platform;

c) Changing the legal entity authorized in Vietnam;

d) Changing information on the Enterprise Registration Certificate or other equivalent documents issued by a competent foreign authority;

dd) Changing publicly disclosed content regarding operating conditions and transaction conditions on the platform.

4. Foreign direct e-commerce platforms with an online ordering function conducting e-commerce activities in Vietnam shall carry out the procedure to terminate registration in the following cases:

a) At the request of the administrator of the e-commerce platform;

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

c) Change of the tax code of the administrator of the e-commerce platform.

5. The state management agency shall terminate the registration of foreign direct e-commerce platforms with an online ordering function 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 via the E-commerce Activity Management System to serve the management and supervision of e-commerce activities, and the e-commerce platform does not respond with information;

b) The platform operator engages in illegal acts and must cease the operation of the e-commerce platform according to the provisions of the law on handling administrative violations.

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

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

a) Platforms have a mechanism that allows the selection of the Vietnamese language on the platform or use a Vietnamese national domain name ".vn". The platform owner must be confirmed for registration before operating the platform in Vietnam and must meet the conditions for managing and operating the e-commerce platform in accordance with the provisions of Clause 1 or Clause 2 of Article 34 of this Decree, corresponding to the platform's operational model;

b) Platform reaches 100,000 transactions with buyers in Vietnam

increase within 01 year from January 01 of the calendar year. The platform manager must register within 60 days from the time the threshold is reached and must meet the conditions for management and operation of the e-commerce platform according to the provisions in Clause 1 or Clause 2 of Article 34 of this Decree corresponding to the platform's operating model. The number of transactions with buyers in Vietnam on the platform is determined based on data self-published by the platform manager or data determined by competent state agencies.

2. Foreign intermediary e-commerce platform managers, foreign social networks conducting e-commerce activities, and foreign integrated e-commerce platforms with e-commerce activities in Vietnam must carry out the procedures to amend or supplement the previously confirmed registration dossiers within 20 working days from the date of a change in any of the following information:

a) Change of platform name (website domain name, application name);

b) Change of the person responsible for managing and operating the platform;

c) Change the legal entity designated by authorization;

d) Changing information on the Enterprise Registration Certificate or other equivalent documents issued by a competent foreign authority;

d) Change the operational model of the e-commerce platform;

e) Change the publicly disclosed content regarding operating conditions, transaction conditions on the platform;

g) Change the terms of the service provision contract;

h) Change or supplement the services provided on the platform.

3. Foreign intermediary e-commerce platform owners, foreign social networks engaging in e-commerce, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam shall carry out procedures for termination of registration in the following cases:

a) At the request of the administrator of the e-commerce platform;

b) The e-commerce platform ceases operation or transfers to another organization;

c) Change of the tax code of the administrator of the e-commerce platform.

4. The state management agency terminates the registration of foreign intermediary e-commerce platforms and social networks conducting e-commerce activities

In addition, foreign-integrated e-commerce platforms operate e-commerce in Vietnam in the following cases:

a) More than 30 days have passed since the state management agency sent a request via the E-commerce Activity Management System to serve the management and supervision of e-commerce activities, and the e-commerce platform does not respond with information;

b) The platform operator engages in illegal acts and must cease the operation of the e-commerce platform according to the provisions of the law on handling administrative violations.

Article 33. Dossier for registration, amendment, supplementation of registration, and termination of registration of foreign direct-selling e-commerce platforms with online ordering functions operating e-commerce activities in Vietnam

1. Dossier for registration of foreign direct-selling e-commerce platforms with online ordering functions:

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

b) Copies of licenses, certificates, certifications, confirmation documents, approvals from competent authorities, or other similar documents when conducting business in goods and services listed in the Catalogue of conditional business sectors and occupations under the provisions of investment law.

In cases where the above-mentioned documents and papers already have electronic data ensuring legal validity and can be accessed through connection and sharing between the Administrative Procedure Resolution Information System and national databases, specialized databases, common-use information systems, and the National Public Service Portal, there is no need to provide them again;

c) Documents appointing a legal entity in Vietnam authorized by the foreign e-commerce platform owner.

2. Dossier for amendment or supplementation of registration of foreign direct-selling e-commerce platforms with online ordering functions:

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

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

3. Dossier for termination of registration of foreign direct-selling e-commerce platforms with online ordering functions:

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

b) Documents or written papers proving the reason for termination of registration (if any).

4. The procedure for registering, amending, supplementing registration, and terminating the registration of foreign direct e-commerce platforms with online ordering functions shall be carried out in accordance with the provisions in Section II of Appendix I of this Decree.

5. The Ministry of Industry and Trade shall carry out the confirmation of registration, confirmation of amendment, supplement of registration, and confirmation of termination of registration of foreign direct e-commerce platforms with online ordering functions.

Article 34. Conditions for management and operation of foreign intermediary e-commerce platforms, foreign e-commerce social networks, and foreign integrated e-commerce platforms 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 engaging in e-commerce without online ordering functions operating e-commerce in Vietnam:

a) Have an e-commerce operation plan in accordance with the provisions of Article 30 of this Decree;

b) Have an authorized representative in Vietnam pursuant to Clause 3, Article 27 of the Law on E-commerce, who is a resident individual in Vietnam or a legal entity established under the laws of Vietnam.

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

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

b) Making a deposit of 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 time the platform conducts e-commerce activities in Vietnam;

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

Article 35. Dossiers for registration, amendment, supplementation of registration, and termination of registration of foreign intermediary e-commerce platforms, foreign social networks conducting e-commerce, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam

1. Dossiers for registering foreign intermediary e-commerce platforms, foreign social networks conducting e-commerce, and foreign integrated e-commerce platforms conducting e-commerce activities in Vietnam:

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

b) The contents of the dossier as prescribed in points b, c, d, and đ, Clause 1, Article 27 of this Decree;

c) A power of attorney for an individual or a legal entity in Vietnam to act as a representative of the administrator of a foreign intermediary e-commerce platform without online ordering functionality, or a foreign social network conducting e-commerce without online ordering functionality; or a power of attorney for a legal entity in Vietnam to act as a representative of the administrator of a foreign intermediary e-commerce platform with online ordering functionality, a foreign social network conducting e-commerce with online ordering functionality, or a foreign integrated e-commerce platform. The power of attorney must specify the scope of authorization and ensure that the authorized party fully performs the responsibilities of the authorizing party;

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

2. Dossier for amending and supplementing the registration of foreign intermediary e-commerce platforms, foreign e-commerce operating social networks, foreign integrated e-commerce platforms with e-commerce activities in Vietnam:

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

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

3. Dossier for terminating the registration of foreign intermediary e-commerce platforms, foreign social networks conducting e-commerce, and foreign integrated e-commerce platforms that have e-commerce activities in Vietnam:

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

b) Documents, papers proving the reason for termination (if any).

4. The procedure for registration, modification, supplementation of registration, and termination of registration of foreign intermediary e-commerce platforms, foreign social networks conducting e-commerce, and foreign integrated e-commerce platforms that have e-commerce activities in Vietnam shall be carried out in accordance with the provisions in Section II of Appendix I of this Decree.

5. The Ministry of Industry and Trade shall be responsible for confirming registration, confirming modification, supplementation of registration, and termination of registration of foreign intermediary e-commerce platforms, foreign social networks conducting e-commerce, and foreign integrated e-commerce platforms that have e-commerce activities in Vietnam.

Section 2. ELECTRONIC COMMERCE ACTIVITY DEPOSIT IN VIETNAM

OF FOREIGN ELECTRONIC COMMERCE PLATFORMS

Article 36. Deposit money

1. Deposit money is an amount of money in a commercial bank in Vietnam or a branch of a foreign bank in Vietnam to ensure the fulfillment of obligations of the operator of a foreign intermediary e-commerce platform with online ordering functions, a foreign social network conducting e-commerce with online ordering functions, or a foreign integrated e-commerce platform with e-commerce activities in Vietnam in accordance with Clause 5, Article 27 of the Law on Electronic Commerce.

2. Commercial banks in Vietnam or branches of foreign banks in Vietnam are 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 the case of changes in the information on the deposit confirmation document, the platform owner is responsible for adjusting the deposit confirmation document with a commercial bank in Vietnam or a foreign bank branch in Vietnam within 20 working days from the date of the change.

4. The deposit amount is blocked during the platform's operation period and can only be withdrawn or used with the written approval for deposit withdrawal from the Ministry of Industry and Trade. The deposit money can only be used to secure the fulfillment of the following obligations:

a) Compensating damages to consumers in Vietnam according to legally effective court or arbitration decisions;

b) Complying with administrative penalty decisions in e-commerce activities;

c) Fulfilling tax obligations to the State of Vietnam.

5. Commercial banks in Vietnam or branches of foreign banks in Vietnam where the platform administrator deposits the escrow are responsible for managing the escrow funds in accordance with the provisions of law.

6. The platform administrator depositing the escrow is entitled to interest on the escrow funds according to the agreement with the commercial bank in Vietnam or the branch of the foreign bank in Vietnam and is allowed to withdraw interest from the escrow funds.

Article 37. Withdrawal of escrow funds

Foreign-managed integrated e-commerce platforms, foreign intermediary e-commerce platforms with online ordering functions, and foreign social networks operating e-commerce with online ordering functions conducting e-commerce activities in Vietnam as prescribed in Clause 5, Article 27 of the Law on E-commerce are allowed to withdraw the deposit if there is confirmation from the Ministry of Industry and Trade regarding one of the following cases:

1. The platform manager has made a deposit of at least 20 billion VND at a commercial bank in Vietnam or a branch of a foreign bank in Vietnam;

2. The platform manager has had their e-commerce platform registration application rejected;

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

Article 38. Documents for requesting the withdrawal of the deposit

1. The documents for requesting the withdrawal of the deposit include:

a) Request for withdrawal of the deposit according to Form No. 04 in Appendix II of this Decree;

b) Written confirmation of the deposit at a commercial bank in Vietnam or a branch of a foreign bank in Vietnam where the platform owner makes the deposit;

c) Documents proving that compensation for damages to consumers has been completed and financial obligations to the State have been fulfilled (if any).

2. The procedure for withdrawing the deposit according to the provisions in Section IV, Appendix I of this Decree.

3. The commercial bank or branch of a foreign bank in Vietnam where the deposit account is opened shall only release the blocked deposit account after receiving approval from the Ministry of Industry and Trade.

Article 39. Handling of the deposited funds

1. The withdrawal of money from the escrow account is carried out when the platform owner 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 the judgment or administrative penalty decision of the competent state authority after the voluntary execution period has expired.

2. The procedure for withdrawing escrow money is carried out in accordance with the provisions in Section V, Appendix I of this Decree.

3. Obligation to supplement escrow money:

a) In cases where the escrow money is withdrawn to pay the state budget, resulting in the account balance falling below the minimum level of 20 billion Vietnamese dong, the platform owner is responsible for supplementing it within 30 days from the date the money was withdrawn;

b) If the deadline specified in point a of this clause passes and the platform owner does not submit the full supplementary deposit, the Ministry of Industry and Trade shall implement the procedure to terminate the registration of that platform's e-commerce activities.

Section 3. MARKET ACCESS CONDITIONS FOR INVESTORS

Section 3. CONDITIONS FOR MARKET ACCESS FOR FOREIGN INVESTORS IN THE FIELD OF E-COMMERCE

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

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

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

b) Foreign investors controlling the organization are the owners of the intermediary e-commerce platform, social network operating e-commerce, platform

Integrated e-commerce is a large digital platform which, according to the law on consumer protection, must have the appraisal of the Ministry of Public Security regarding national security.

2. A foreign investor controlling an organization is the operator of an intermediary e-commerce platform, a social network conducting e-commerce activities, or an integrated e-commerce platform as stipulated in Point b, Clause 1 of this Article, in cases falling under one of the following situations:

a) Foreign investors holding ownership of more than 50% of the charter capital or more than 50% of the voting shares of an organization;

b) Investors directly or indirectly deciding to appoint, dismiss, or remove the majority or all members of the board of directors, chairman of the members' council, director, or general director of the organization;

c) Investors have the right to decide on important issues in the business operations of the organization, including choosing the technology platform, form of business organization; selecting the industry, profession, location, form of business; deciding on the adjustment of the scale and industry or business sectors; choosing the form and method of mobilizing, allocating, and using the organization's business capital.

3. Competent state agencies shall obtain the written appraisal opinion of the Ministry of Public Security on national security during the consideration of the proposal to grant or adjust the business license of the electronic commerce platform operator as prescribed in Point b, Clause 1 of this Article, in accordance with the Government's regulations on the purchase and sale of goods and activities directly related to the buying and selling of goods by foreign investors and foreign-invested economic organizations.

Chapter VI. ELECTRONIC CONTRACT NOTARIZATION SERVICES

IN COMMERCE

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

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

2. Appoint online contact points, provide documents, and support competent state authorities in investigating legal violations related to electronic contract authentication services in commerce.

3. Publicly disclose the operational regulations for providing electronic contract authentication services in commerce in a visible position, in Vietnamese, on their service systems.

4. Fully and securely store data on electronic contracts that have been authenticated; ensure the ability to access, search, and provide them upon request by competent state agencies. The storage period is carried out according to the provisions of accounting law, with a minimum of 10 years from the time the electronic contract is authenticated, except in cases where the law provides for a longer period.

Article 42. Conditions for doing business in electronic contract authentication services in commerce

1. Organizations are granted a Business License for electronic contract authentication services in commerce when meeting the following condition:

a) Having a Trust Service Business License with the type of service allowed to do business being the provision of data message authentication services according to the law on electronic transactions;

b) Have a project to provide electronic contract authentication services in commerce in accordance with the provisions of Article 44 of this Decree.

2. The business license for providing electronic contract authentication services in commerce is valid for 10 years.

Article 43. Dossier for licensing, amending, supplementing the license, and revoking the business license for electronic contract authentication services in commerce

1. Dossier for licensing the business of electronic contract authentication services in commerce:

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

b) Photocopies of licenses, certificates, certificates, confirmation documents, approvals from competent authorities, or other similar documents proving compliance with the conditions for providing electronic contract authentication services in commerce (if any);

In cases where the above-mentioned documents and papers already have electronic data ensuring legal validity and can be accessed through connection and sharing between the Administrative Procedure Resolution Information System and national databases, specialized databases, common-use information systems, and the National Public Service Portal, there is no need to provide them again;

c) Project for providing electronic contract authentication services in commerc

Commercial in accordance with the provisions of Article 44 of this Decree. The proposal form follows Form No. 06 in Appendix II of this Decree.

2. The dossier for amending and supplementing the business license for e-contract authentication services in commerce includes:

Organizations providing e-contract authentication services in commerce shall carry out the procedure for amending and supplementing the license within 20 working days from the date of change of any of the following information: the person responsible for managing the service provision activities; information on the Enterprise Registration Certificate (for enterprises) or the Establishment Decision (for organizations); publicly disclosed content on the authentication regulations; content of the proposal for providing e-contract authentication services in commerce.

The dossier for amending and supplementing the license includes:

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

b) Documents proving the reason for amending and supplementing the license (in case of changes to already licensed content).

In cases where the above-mentioned documents and materials already have electronic data ensuring legal validity and can be accessed through connection and sharing between the administrative procedure resolution information system and national databases, specialized databases, common information systems, and the National Public Service Portal, they do not need to be provided again.

3. Revocation of the business license for electronic contract verification services in commerce in the following cases:

a) Organizations providing electronic contract verification services in commerce cease providing services and have submitted a request for revocation of the business license to provide electronic contract verification services in commerce from the commercial verification service organization as prescribed in Clause 4 of this Article;

b) Organizations providing electronic contract authentication services in commerce that commit acts violating the law and must cease operations according to the provisions of the law on handling administrative violations.

4. The dossier for requesting the revocation of the business license for electronic contract authentication services in commerce includes:

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

b) Documents (if any).

5. The procedure for licensing, amending, supplementing the license, and revoking the business license for electronic contract authentication services in commerce is according to the provisions in Section III of Appendix I of this Decree.

6. The provincial People's Committee is responsible for licensing, amending, supplementing the license, and revoking the business license for electronic contract authentication services in commerce.

Article 44. Contents of the project on providing electronic contract authentication services in commerce

1. General information about the organization providing electronic contract authentication services in commerce, including: name, type of enterprise, headquarters address, legal representative, contact methods, scope of service provision, business license for trustworthy services or documents proving compliance with legal regulations.

2. Description of the storage plan, ensuring the integrity of electronic contract data, and the ability to retrieve authenticated electronic contracts.

3. Description of the process for receiving and handling requests, feedback, and complaints from organizations and individuals; the process for handling technical incidents, information security violations, and the coordination mechanism with competent state agencies.

4. The regulations on electronic contract authentication in commerce and the service provision policy are made publicly available on the service information system as prescribed.

Chapter VII. APPLICATION OF TECHNOLOGY IN MANAGEMENT

ELECTRONIC COMMERCE ACTIVITIES

Section 1. ELECTRONIC COMMERCE MANAGEMENT SYSTEM

Article 45. Electronic commerce management system

1. The Ministry of Industry and Trade is the unit responsible for building, managing, and operating the electronic commerce management system at the address http://online.gov.vn, connected with the National Public Service Portal.

2. The electronic commerce management system has the functions specified in Clause 2, Article 37 of the Law on Electronic Commerce, in which some functions are carried out specifically as follows:

a) Connect to the National Public Service Portal to synchronize the results of administrative procedures in the field of e-commerce. The results of administrative procedures in the field of e-commerce are the corresponding electronic confirmation symbols that have been notified, registered, or licensed on that digital platform. When selecting this symbol, users are directed to the information published in the E-commerce Operation Management System;

b) Receiving information and handling feedback, requests, complaints from organizations and individuals regarding e-commerce platforms, sellers, and organizations providing e-commerce support services that violate the law, including: information about the organization or individual sending the feedback, request, or complaint (name, organization/individual identification number, registered office address of the organization, residence of the individual); name of the e-commerce platform being complained about; name of the seller; name of the organization providing e-commerce support services being complained about; reason for the complaint; copy of documents proving the violation. Feedback, requests, and complaints will be recorded in the system and allow the sender to monitor the handling results;

c) Monitor e-commerce activities based on e-commerce databases and reflect valid requests and complaints to publicly warn about risks regarding e-commerce platforms or information on goods and services that show signs of violating the law;

d) Supervise the activities of providing electronic contract authentication services in commerce based on data on electronic contract authentication services in commerce provided by organizations;

d) Receiving and handling online reports on e-commerce in accordance with the provisions of Article 22 of this Decree;

e) Publicizing the list of e-commerce platforms that have been confirmed for notification or registration, the list of organizations providing electronic contract authentication services in commerce that have been licensed, including: the name of the e-commerce platform according to the notification or registration; the name and contact information of the platform operator, the organization providing electronic contract authentication services in commerce; the business registration certificate number, the establishment decision number for organizations, tax identification number of individuals, or tax identification number of business households.

Section 2. E-COMMERCE DATABASE

Article 46. Scope of data in the e-commerce database

The e-commerce database includes the following information:

1. Data on the management of e-commerce activities includes:

a) Information on e-commerce platforms that have completed the notification or registration procedure with the state management agency for e-commerce;

b) Information about e-commerce platforms that are reported or violate the law;

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

d) The system of legal normative documents in the field of e-commerce;

d) Data on electronic contract authentication services in commerce;

e) Information on complaints and reports from consumers and intellectual property rights holders on the E-commerce Activity Management System;

g) Information on requests to remove or review goods and services violating the law from competent state agencies;

h) Information on prohibited goods, counterfeit goods, intellectual property-infringing goods, smuggled goods, goods with unclear origin or provenance, or goods violating other legal regulations in the field of e-commerce;

i) Information linked with other databases.

2. Data on online reporting as prescribed in Article 22 of this Decree.

3. Data on import and export activities of goods through e-commerce includes:

a) Data on electronic customs declarations, information on the declaration of goods for export and import through e-commerce;

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

c) Other related data.

4. Data on taxation in e-commerce includes:

a) List of foreign e-commerce platforms conducting e-commerce activities in Vietnam that are registered for tax and tax declaration;

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

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

d) Other related data.

5. Data on shipping and delivery in e-commerce includes:

a) Number of shipping and delivery orders by locality;

b) Information on the transportation and delivery of cross-border e-commerce goods into Vietnam: name of the 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 created, collected, updated, and synchronized from the following sources:

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

b) Data shared and synchronized from national databases and specialized databases managed by ministries, sectors, and 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 rights holders, and other organizations or individuals related to e-commerce activities;

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

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

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

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

Article 48. Use and exploitation of information from the e-commerce database

1. Entity using and exploiting information from the commercial database

electronics include:

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

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

c) Agencies, organizations, and individuals that exploit and use open data from the e-commerce database through the Ministry of Industry and Trade's electronic information portal.

2. Methods of exploiting and using the e-commerce database include:

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

b) Through the National Data Portal, the National Public Service Portal, the electronic information portal of the Ministry of Industry and Trade, and the information system for administrative procedure resolution of the Ministry of Industry and Trade;

c) Electronic identification and authentication platform;

d) National identification application;

e) Devices, 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. Advise and assist the Government in managing state affairs regarding e-commerce and organize the implementation of this Decree.

2. Receiving and processing administrative procedures for registration of e-commerce platforms; administrative procedures related to withdrawing deposit funds.

3. Developing, managing, and operating the E-commerce activity management system and the e-commerce database.

4. Organize the construction, operation, maintenance, and upgrading of public technical infrastructure

Information technology and software for exploiting databases on e-commerce at the central level, ensuring synchronization and consistency nationwide.

5. Provide information about e-commerce to organizations and individuals in accordance with the provisions of the law.

6. Provide technical guidance, monitor, inspect, and handle violations within their authority.

7. Preside over and coordinate with relevant ministries, sectors, People's Committees of provinces and cities, agencies, organizations, and related individuals to select themes for promotion, develop specific implementation plans; guide, direct, and organize the National E-Commerce Day annually, ensuring practicality, effectiveness, and cost-efficiency.

Article 50. Responsibilities of ministries, ministerial-level agencies, and other relevant agencies and organizations

1. Ministries and ministerial-level agencies, within the scope of their functions and duties, shall perform the following responsibilities:

a) Coordinate with the Ministry of Industry and Trade in managing e-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, organize the implementation of communication activities suitable for the annual National E-commerce Day;

c) Inspect and handle violations of the law in e-commerce under their authority;

d) Connect, share, and synchronize information related to e-commerce with the e-commerce database under their authority.

2. The Ministry of Finance is responsible for connecting, sharing, and synchronizing the information specified in Clauses 3 and 4, Article 46 of this Decree; after completing the customs declaration system related to the e-commerce database, notify the Ministry of Industry and Trade about the list of foreign e-commerce platforms conducting e-commerce activities in Vietnam when they reach the threshold of 100,000 transactions with buyers in Vietnam as stipulated in Point b, Clause 1, Article 31 and Point b, Clause 1, Article 32 of this Decree.

3. Based on the request document from the competent state agency, the Ministry of Public Security is responsible for providing a written assessment on national security and sending it back to the competent state agency as prescribed in Clause 3, Article 40 of this Decree.

4. Media and press agencies shall develop plans to promote e-commerce and National E-commerce Day.

Article 51. Responsibilities of the Provincial People's Committee

1. Receive and handle administrative procedures for notifying e-commerce platforms that directly conduct business with online ordering functions and for licensing electronic contract authentication services in commerce.

2. Perform state management of e-commerce in the locality within its authority.

3. Based on the plans and guidance of the Ministry of Industry and Trade and the actual conditions of each locality, organize activities suitable for promoting National E-commerce Day annually in the locality.

Chapter IX. IMPLEMENTING PROVISIONS

Article 52. Implementation provisions

1. This decree shall take effect from July 1, 2026, except for the case specified in Clause 2 of this Article.

2. The operator of the e-commerce platform is responsible for carrying out electronic verification of the identity of sellers and livestream sellers from January 1, 2027.

3. Decree No. 52/2013/NĐ-CP dated May 16, 2013 of the Government on e-commerce and Decree No. 85/2021/NĐ-CP dated September 25, 2021 of the Government amending and supplementing a number of articles of Decree No. 52/2013/NĐ-CP dated May 16, 2013 of the Government on e-commerce shall cease to be effective from the date this Decree comes into effect, except for the cases stipulated in Article 53 of this Decree.

4. Amend the phrase “providing e-commerce services” to “managing and operating intermediary e-commerce platforms, social networks conducting e-commerce, integrated e-commerce platforms” in Decree No. 09/2018/NĐ-CP dated January 15, 2018 of the Government detailing the Commercial Law and the Foreign Trade Management Law on the sale of goods and activities directly related to the sale of goods by foreign investors and economic organizations with foreign-invested capital in Vietnam.

Article 53. Transitional provisions

E-commerce platforms (websites, applications) that have had their notifications or registrations of operation confirmed before July 1, 2026, may continue operating according to the confirmed contents until June 30, 2027. During this period, the platform owner shall perform the procedures to amend and supplement the confirmed dossier as prescribed in this Decree.

Article 54. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, Chairpersons of the People's Committees of provinces and cities, and related organizations and individuals shall be responsible for implementing this Decree.

ON BEHALF OF THE GOVERNMENT DEPUTY PRIME MINISTER

Pham Gia Tuc