E-Commerce Law brings livestream sales into regulatory framework

Delegates affirmed that the draft E-Commerce Law represents an important step in institutionalizing the digital transformation policy, creating a coherent legal framework for the digital economy.

"Legal gaps" and thousands of complaints rejected

A reality pointed out by delegates is the explosion of new business models such as sales via social networks, livestreams, or cross-border e-commerce, yet there is still no comprehensive legal framework. This has led to many shortcomings, particularly the proliferation of counterfeit goods, imitation products, low-quality products, and even fake medicines and counterfeit functional foods.

Delegate Ma Thi Thuy (Tuyen Quang) cited that Vietnam currently has more than 70,000 e-commerce websites and applications, but many cross-border platforms do not comply with regulations. Alarmingly, thousands of consumer complaints have not been effectively resolved because these platforms "refuse responsibility."

To address the issue at its root, the draft law and the contributed opinions all focus on clearly establishing the mandatory legal obligations of e-commerce platform owners. This is considered the "backbone" of the draft law, aiming to enhance state management effectiveness and protect legitimate sellers.

Delegate Ma Thi Thuy proposed clearly stipulating six core responsibilities of e-commerce platform owners, including: verifying and publicizing seller information; providing tools and receiving and handling consumer complaints; implementing a notice and takedown mechanism for goods and content in violation; ensuring personal data security and storing transaction information; cooperating with state agencies (providing data, supporting tax collection); and bearing joint liability if they are aware of sellers’ violations and fail to prevent them.

In addition, the delegate also suggested that the term "large digital platform" should be clearly defined based on specific criteria such as user base or revenue in Vietnam, rather than leaving the provision vague.

"Closing" livestream loopholes and clearly defining responsibilities

Another hot issue is livestream sales activities. Delegate Dang Thi Bao Trinh (Da Nang) stated that livestreams are essentially commercial advertisements, with wide reach and direct impact on consumers.

In practice, many advertising, communication, and anonymous financial transaction activities pose significant risks but are not clearly regulated. Therefore, the delegate proposed clearly delineating responsibilities among three parties: the seller, the livestreamer, and the platform operator.

Moreover, for products requiring advertisement content verification, sellers must obtain permission, and livestreamers must present the verification document to the platform before broadcasting.

This provision is expected to effectively prevent the sale of counterfeit or prohibited goods via social networks.

Strengthening sanctions and inter-agency management

To ensure the law is effectively implemented in practice, delegates emphasized the role of sanctions and the involvement of local authorities.

Delegate Be Minh Đuc (Cao Bang) proposed supplementing strong sanctions against providers of counterfeit and imitation goods. When complaints arise, providers must bear responsibility for compensation and refunding consumers. At the same time, the delegate suggested that the Ministry of Public Security take the lead in assessing cybersecurity for large e-commerce platforms or those with foreign elements to prevent potential criminal risks.

Highlighting the current reality of purchasing based on "trust" while the received value is disproportionate, Head of the Cao Bang Provincial Delegation to the National Assembly Quan Minh Cuong proposed adding state management responsibilities for provincial and municipal People’s Committees, not only the Ministry of Industry and Trade. "If local authorities are not proactive, management will not be effective," Mr. Cuong emphasized.

With these fundamental changes, the draft (Amended) E-Commerce Law is expected to create a fair competitive environment, better protect consumers, and promote the development of the digital economy in a safe, transparent, and sustainable manner.