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).

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