Improving the legal framework for ‘online import and export

According to data from the Ministry of Industry and Trade, in 2025, electronic commerce is becoming one of the fastest-growing sectors of the economy, with an estimated growth rate of over 25%. The scale of electronic commerce has reached 31 billion USD, accounting for approximately 10% of total retail sales of goods and consumer services.

Viet Nam has maintained its position among the top 10 countries with the fastest electronic commerce growth rates worldwide and ranks third in market size within ASEAN, after Indonesia and Thailand. The period 2026–2030 is assessed as a pivotal phase for Viet Nam to pursue the objective of becoming a regional hub for electronic commerce exports, which requires a comprehensive strategy in terms of platforms, policies, and development mindset.

In terms of scale, global cross-border electronic commerce is currently forecast to reach approximately 800 billion USD, with an annual growth rate of 25–30%, mainly concentrated in major markets, particularly in Asia, where growth is especially strong. For Viet Nam, revenue from this activity is currently only about 5 billion USD; however, growth potential remains substantial, depending on the level of interest and participation of enterprises as well as industry associations.

The product categories holding comparative advantages in cross-border electronic commerce at present are primarily consumer-oriented goods such as fashion, accessories, cosmetics, and personalized consumer products. In addition, certain high-value products such as machinery, components, and materials also record considerable transaction volumes on online platforms, although direct connection models continue to account for a higher proportion.

Mr. Tran Thanh Hai, Deputy Director General of the Agency of Foreign Trade under the Ministry of Industry and Trade, noted that at present, the scale of Viet Nam’s electronic commerce has reached approximately 31 billion USD; however, the value of online exports and imports is only about 4.1 billion USD, equivalent to 12–13%, which remains relatively modest compared with the total value of electronic commerce.

A notable trend is the shift in business models from pure contract manufacturing for export (OEM) to direct-to-consumer sales (B2C). This model enables enterprises to increase profit margins, directly access consumers, and collect feedback and market data, thereby improving products, adjusting pricing, and personalizing offerings in line with consumer demand.

According to Mr. Hai, in cross-border electronic commerce, logistics plays a particularly important role. Goods typically feature a large number of orders but small shipment sizes, which requires flexible logistics systems and customs procedures. Solutions such as bonded warehouses and free trade zones help shorten cargo handling time at borders. At the same time, effective coordination among carriers in the first mile, middle mile, and last mile, with the last mile primarily undertaken by domestic logistics enterprises, contributes to the creation of a smooth and efficient flow of goods.

Alongside this, the trend of AI-commerce is emerging rapidly, involving the application of artificial intelligence in electronic commerce to personalize shopping experiences and enhance value for consumers, thereby further promoting the development of cross-border electronic commerce.

However, Mr. Tran Thanh Hai also pointed out that this activity faces numerous challenges, including procedural barriers at borders; difficulties in monitoring and collecting taxes on goods of small value but large volume; risks of fraud and information leakage; obstacles in complaint handling and consumer rights protection; limitations in human resources capable of cross-border marketing and transactions; as well as high costs of marketing and overseas market research.

The Law on Electronic Commerce devotes a separate chapter to electronic commerce involving foreign elements. Under this law, electronic commerce platforms operating in Viet Nam are identified not solely on the basis of server location as in the past, but rather on the degree of market participation and the extent to which their activities are directed toward Vietnamese consumers.

“In the context where, in recent times, many foreign platforms have entered Viet Nam with rapid growth rates, the Law on Electronic Commerce will contribute to enhancing the responsibilities of platforms and foreign sellers, thereby better protecting the rights and interests of domestic buyers,” a representative of the Department of Electronic Commerce and Digital Economy affirmed.

The Law stipulates several identification indicators, such as platforms having a Vietnamese-language interface, using the “.vn” domain name, or reaching a certain transaction threshold with buyers in Viet Nam. Based on the identification of regulated entities, the Law requires foreign electronic commerce platforms to have a lawful presence in Viet Nam.

Specifically, foreign electronic commerce platforms must register with the competent state management authority and, depending on their operational model, must establish a legal entity in Viet Nam or appoint an authorized legal entity. In cases where a legal entity is not established in accordance with international commitments, the Law requires mandatory escrow deposits at banks in Viet Nam, full performance of financial obligations, and fulfillment of compensation liabilities. The requirement of lawful presence is intended to ensure that cross-border electronic commerce activities have a clear point of contact, thereby facilitating state management.

The Law also strengthens the responsibilities of platforms with respect to foreign sellers. Accordingly, platforms must fully perform their obligations in accordance with the law; representatives of foreign electronic commerce platforms are responsible for receiving and resolving complaints and disputes of Vietnamese buyers relating to foreign sellers; at the same time, foreign sellers must bear responsibilities equivalent to those of domestic sellers. These provisions are intended to enhance the protection of Vietnamese consumers’ rights and interests.

In addition, the Law provides more stringent regulations on seller authentication and the control of cross-border goods. Foreign sellers are also required to carry out electronic identity authentication using lawful documents in accordance with regulations; platforms are responsible for controlling goods content, preventing counterfeit goods, smuggled goods, and goods infringing intellectual property rights, and for receiving and handling goods in accordance with their commitments.

Another important highlight is the transparency of cross-border electronic commerce transaction data. Accordingly, goods data must be stored for a minimum of one year, while contract and transaction data must be stored for at least three years; sellers must be allowed to access and download contract data; and platforms must connect and report through the National Electronic Commerce Activity Management System.

The Law also, for the first time, brings new models such as livestream sales and affiliate marketing under regulatory management, applying to both domestic and cross-border activities. These activities are required to conduct authentication, store images and audio for a minimum of one year, suspend broadcasting or remove content in case of violations, and provide information at the request of competent authorities.

According to a representative of the Department of Electronic Commerce and Digital Economy under the Ministry of Industry and Trade, the Law on Electronic Commerce devotes a separate chapter to electronic commerce involving foreign elements. Under this Law, electronic commerce platforms operating in Viet Nam are identified not solely on the basis of server location as in the past, but rather on the degree of market participation and the extent to which their activities are directed toward Vietnamese consumers.

The Law also strengthens the responsibilities of platforms with respect to foreign sellers. Accordingly, platforms must fully perform their obligations as prescribed by law; representatives of foreign electronic commerce platforms are responsible for receiving and resolving complaints and disputes of Vietnamese buyers relating to foreign sellers; at the same time, foreign sellers must bear responsibilities equivalent to those of domestic sellers. These provisions are intended to enhance the protection of Vietnamese consumers’ rights and interests.