Vietnam: Government approves anti-counterfeiting and consumer protection in e-commerce by 2025 Plan

In brief

  • On 29 March 2023, Deputy Prime Minister Tran Luu Quang signed Decision No. 319/QD-TTg, which approved the Anti-Counterfeiting and Consumer Protection in e-commerce by 2025 Plan ("Plan").
  • The Plan is set to increase anti-counterfeiting and consumer protection initiatives, build consumer confidence in online purchasing, and encourage transparent and healthy e-commerce activities in general.

Details about the Plan are set out below.


Contents

In more detail

The Plan aims to do the following:

  • Enhance the system of policies and laws regulating the inspection and handling of administrative violations, standards, measurement, product quality and product labels in e-commerce. 

Strengthen national standards and technical regulations regarding product and goods quality. 

Promote the use of codes and barcodes and trace the origin of products and goods.

  • Build an anti-counterfeiting and consumer protection database system for centralized, transparent, and synchronous management to effectively aid anti-counterfeiting efforts and protect customers in e-commerce operations.
  • Ensure that all officials performing official duties on anti-counterfeiting and consumer protection in e-commerce activities are trained and equipped with knowledge about e-commerce, and possess the capacity, professional qualifications, and skills required to successfully complete the assigned task.
  • Have all major e-commerce operators sign memorandums agreeing not to trade in counterfeit goods. 
  • Ensure that all companies and individuals conducting business on major e-commerce platforms are conversant with the legal requirements and that consumer rights knowledge is widely spread and taught to each consumer.

Conclusion

While e-commerce counterfeiting in Vietnam is becoming alarmingly more complex, local authorities have stepped up their efforts to enforce IP rights in recent years, notably in the area of combating counterfeit goods. Even if counterfeits, knockoffs and infringing goods continue to be a headache in Vietnam, we are optimistic that the Plan would bring new initiatives and incentives for both businesses and consumers in Vietnam's e-commerce markets.

We will keep a close eye on the implementation of the Plan and offer additional analysis and commentary in due course.

Contact Information

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.