,

LAW ON E-COMMERCE 2025 AND REGULATIONS ON COMMERCIAL MEDIATION

by

The National Assembly officially passes the Law on E-commerce 2025, taking effect on July 01, 2026, which establishes a unified legal framework for e-commerce activities.

Before Law on E-commerce 2025 officially comes into effect, activities in the e-commerce sector are governed by normative documents, such as Decree No. 52/2013/ND-CP on E-commerce (Decree 52), Decree No. 85/2021/ND-CP on amendment to government’s Decree 52/2013/ND-CP on E-commerce (Decree 85). Additionally, e-commerce activities are also administered under other legislative documents, namely: Law on Electronic transactions 2023,  Law on Protection of consumer rights 2023, Law on Information technology, Law on Advertising 2012, etc., and a system of guiding directives.

However, the rapid development and diversity of e-commerce models necessitate a legal framework which could provide orientation and effectively regulate e-commerce activities. Law on E-commerce 2025 comprehensively covers entities, models, and e-commerce activities, ensuring the harmony between market development objectives and state management requirements. Law on E-commerce explicitly categorises platforms into four types, including: (i) direct business, (ii) intermediary, (iii) social media with e-commerce functions, and (iv) multi-service integrated platform.[1] This classification serves as a critical basis to precisely determine the responsibilities of each entity, in terms of their role and level of intervention in transactions. Law on E-commerce 2025 introduces regulations on livestream sales and marketing[2]. Law on E-commerce 2025 requires e-commerce platform operators to shoulder the responsibilities of verifying the business legitimacy of live streamers, establishing effective consumer complaint-handling systems[3] throughout the livestream process, and storing video and audio data. Law on E-commerce 2025 provides regulations to enhance consumer protection measures, including governing e-commerce activities with foreign or cross-border elements, consumer protection, and information transparency in the digital environment. Law on E-commerce 2025 mandates e-commerce platforms to fully publicize information of platform operators[4], personal data protection policies, rights and obligations of participating parties, as well as criteria for algorithms used in product prioritization.

Law on E-commerce 2025 completes the ecosystem of services supporting e-commerce. Law on E-commerce supplements regulations for support services providers[5], including IT infrastructure[6], payment, payment intermediation, logistics, and electronic contract authentication. These providers have the liabilities to ensure information and data security, and coordinate with e-commerce platform operators to prevent, detect and handle violations in the e-commerce sector.[7]

Regarding dispute resolution in e-commerce, Law on E-commerce 2025 inherits the dispute resolution mechanism set out in Decree 52, including mediation. Notably, rather than stating dispute resolution in a separate article as seen in Decree 52, Law on E-commerce 2025 regards dispute resolution through negotiation, mediation, commercial arbitration, or other dispute resolution methods, as one of the fundamental principles of e-commerce activities (Article 5). Law on E-commerce 2025 assigns dispute and complaint resolution responsibilities to platform operators, authorised representatives in Vietnam for intermediary and direct business, enabling these entities to actively develop strategies and participate in dispute resolutions.

It can be seen that Law on E-commerce 2025 sets forth principles and binding responsibilities for certain stakeholders. The problem is that implementing decrees or guiding directives[8] on commercial mediation need to be more specific about which disputes can be resolved through face-to-face and online mediation within the e-commerce sector. Therefore, entities, including mediation centers, can proactively apply and develop mediation models that keep pace with the lightning evolution of the e-commerce industry.

In short, Law on E-commerce 2025 is expected to facilitate the development of e-commerce dispute resolutions while safeguarding the legitimate rights and interests of consumers.

[1] Vietnam’s E-Commerce Law 2025: Key Provisions and Business Implications

[2]  Vietnam’s E-Commerce Law 2025: Key Provisions and Business Implications

[3]  Vietnam’s E-Commerce Law 2025: Key Provisions and Business Implications

[4] Vietnam’s E-Commerce Law 2025: Key Provisions and Business Implications

[5]  Vietnam’s E-Commerce Law 2025: Key Provisions and Business Implications

[6] Vietnam’s E-Commerce Law 2025: Key Provisions and Business Implications

[7]  Vietnam’s E-Commerce Law 2025: Key Provisions and Business Implications

[8]   Vietnam’s E-Commerce Law 2025: Key Provisions and Business Implications

Các bài viết trước

CUSTIOMS IN INTERNATIONAL TRADE

Promoting the development of international trade is a trend in countries around the world; therefore,  international trade contracts are increasingly popular and widely used. However, in international trade, the  parties are from various countries that under the same contract, which causes differences in the application of regulatory laws as well as differences in the way the law is applied when resolving disputes. So in those cases, what do businesses need to keep in mind when entering the market?

Training program on PPA organized by ERAVCTED on October 12-13, 2023

Training program on PPA organized by ERAVCTED on October 12-13, 2023, coordinated with Bitexco Energy Joint Stock Company (Bitexco Power) on “Construction investment, Operational management of power plants and contract dispute resolution, legal issues arising during the implementation of electricity purchase contracts” with the offline and online participation of senior experts and Bitexco Power staves.

Leave a Comment