The draft e-commerce law and new cyberspace decree impose stricter platform liability and regulation on domain dispute resolution.

Vietnam’s e-commerce market is projected to reach $63 billion by 2030, making it the second-largest e-commerce market in Southeast Asia.

The sector is growing at an annual rate of 18 to 25%, according to the Vietnam E-Commerce and Digital Economy Agency, and its market size is expected to surpass $25 billion in 2024, a 20% year-on-year increase. 

To support this growth and to fill existing regulatory gaps, the Vietnamese government has introduced two significant regulations: 

• a draft outline of a new e-commerce law; and
• a decree on the management, provision and use of internet services and information in cyberspace. 

Draft e-commerce law imposes stricter responsibilities for e-commerce platforms

In January 2025, the Ministry of Industry and Trade (MoIT) released a proposal dossier – including a draft outline – for the development of the country’s first comprehensive e-commerce law. 

According to the MoIT’s report, the current e-commerce regulatory frameworks have struggled to keep pace with changing digital business models and recent legal amendments (eg, the Consumer Protection Law 2023 and the Amended IP Law 2022). Therefore, a more robust legal framework is needed to address such issues and drive the long-term growth of Vietnam’s digital economy.

The draft outline introduces five key policy pillars, with a strong focus on tightening the responsibilities of e-commerce platforms and sellers. Key provisions include:

• stricter accountability for platforms; and
• stronger compliance requirements for sellers. 

According to Articles 19 and 20, platforms must:

• verify seller identities;
• ensure transparency in business and product information;
• screen content before publication;
• cooperate with the authorities in investigations;
• provide transactional data upon request; and
• jointly bear responsibilities and compensate for damages in case of failure to handle infringements promptly.

Article 21 stipulates that sellers must: 

• complete electronic identification; and
• disclose full business details, including:
  • trade names;
  • addresses;
  • tax codes; and/or
  • personal identification numbers.

While the draft outline is still under review, it signals Vietnam’s stronger stance against IP infringement in e-commerce. By holding platforms and sellers more accountable, the e-commerce law should make it easier for brand owners to identify, track and take action against infringing activities and unauthorised sellers. 

Decree 147 introduces regulations on domain dispute resolution and user verification 

On 25 December 2024, Decree 147/2024/ND-CP introduced key regulatory changes to the governance of internet services and information in cyberspace. Notably, the decree reforms domain name dispute resolution mechanisms and enhances social media user verification requirements, both of which are crucial for rights holders in combatting online infringement.

Previously, domain name disputes could be resolved only through negotiation/mediation, arbitration or civil litigation. Decree 147 removes this restrictive list, allowing for administrative sanctions. Accordingly, competent authorities can revoke '.vn' domain names as an administrative sanction or remedial measure in cases of IP violations. 

In addition, Decree 147 removes ambiguity regarding conditions for domain name dispute resolution. Three criteria must be met for dispute resolution to proceed, namely:

• similarity between the domain name and the plaintiff’s trademark, trade name or personal name;
• the defendant’s lack of legitimate rights; and
• bad faith.

Taking the same approach as the draft e-commerce law, Decree 147 imposes stricter social media user verification requirements on foreign platforms with over 100,000 monthly visits from Vietnam. Users engaging in livestream sales or other commercial activities must verify their identities using personal identification numbers, and only verified accounts can publish, comment or share content. 

These measures reduce anonymity and increase platform accountability, thereby supporting rights holders against counterfeit sales and IP infringement in the digital space.

Challenges and next steps for rights holders

The development of the e-commerce law remains in its early stages, with significant revisions expected before its enactment. 

Further guidance on implementing Decree 147 is also expected to be issued soon.

More importantly, Vietnam’s ongoing government restructuring is likely to have a major impact on enforcement agencies. Key changes include:

• the merger of the Ministry of Information and Communications with the Ministry of Science and Technology; and
• the dissolution of the General Department of Market Management. 

While these reforms aim to improve efficiency and responsiveness, they may temporarily slow down IP enforcement actions, particularly in market inspections, counterfeit crackdowns and other anti-fraud efforts that involve these authorities. 

In this evolving regulatory environment, rights holders must adopt a proactive approach. Essential strategies include: 

• working closely with e-commerce platforms to detect and remove infringing goods;
• collaborating with the authorities and industry groups to strengthen enforcement; and
• staying updated on regulatory changes to ensure compliance. 

These steps will help brand owners to protect their rights and adapt to the shifting legal framework.

Vietnam’s e-commerce sector is expanding rapidly, bringing both opportunities and challenges for rights holders. The introduction of the draft e-commerce law and Decree 147 represents significant progress in strengthening regulations on e-commerce and cyberspace operation. However, uncertainties remain regarding their implementation and enforcement. Additionally, the government’s ongoing restructuring may temporarily affect the efficiency of IP enforcement mechanisms.

As Vietnam continues to refine its legal framework, businesses that adapt early will be better positioned to navigate compliance challenges and safeguard their rights in the digital marketplace.

Authors: Yen Vu, Uyen Doan, Nguyet Nguyen

This article was first published on WTR in March 2025.

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• vietnam
• e-commerce
• regulation