Vietnam: Updated regulations affecting e-commerce platforms

In brief

On 25 September 2021, the government passed Decree No. 85/2021/ND-CP ("Decree No. 85") amending several provisions of Decree No. 52/20213/ND-CP on e-commerce ("Amended Decree No. 52"). The amendments and supplements under Decree No. 85, effective on 1 January 2022, focus on the provision of cross-border e-commerce services in Vietnam.


Contents

Key takeaways

  • Foreign E-Commerce Service Providers (as defined below) must (i) register their e-commerce activities and (ii) set up a representative office in Vietnam or appoint an authorized representative in Vietnam.
  • Social networks that make their members directly or indirectly pay a fee to carry out certain activities will be regulated as e-commerce platforms. 
  • The list of five companies holding a dominant position in the e-commerce service market in Vietnam will be issued by the Ministry of Industry and Trade (MOIT). A foreign investor having control over one or more companies on such list will have to seek an appraisal opinion on national security for its investment from the Ministry of Public Security (MPS).

Click here to access the full alert. 

Contact Information

Copyright © 2022 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.