Ho Chi Minh City, 15 September 2026
Introduction
E-commerce in Vietnam has recently witnessed certain regulatory updates, particularly the promulgation of the Law on E-Commerce 2025 (the “E-Commerce Law 2025”) and Decree No. 248/2026/ND-CP (“Decree 248”), replacing Decree No. 52/2013/ND-CP (“Decree 52”). New regulations have brought about significant positive legal shifts while also raising numerous issues for businesses regarding the determination of their e-commerce platforms legal natures. Before delving into the specific obligations of platform operators in detail in the next part, this Weekly Debrief first aims to provide an overview of the changes in the legal nature of e-commerce platforms. Additionally, it highlights key terms introduced into the e-commerce legal framework.
Which Definitions Have Changed?
What New Terms Have Been Introduced?
Numerous new terms have recently emerged to accurately reflect actual developments that are taking place in the electronic environment. Therefore, the development of new business models has also given rise to new legal concepts. Some notable new terms recognized under the E-Commerce Law 2025 include:
- Livestream sellers and livestream sales: Persons who regularly appear on livestreams and conduct advertising and introduce goods or services.
- Affiliate marketers and affiliate marketing services: Persons who regularly introduce goods or services on platforms through access links, referral codes, etc.
Prime examples include KOLs, KOCs, and influencers, including artists, who conduct livestream sales and/or embed links in their personal profiles (bios) on platforms such as TikTok, Shopee, or Facebook.
Conclusion
Accurately reviewing and identifying concepts related to e-commerce platforms is of significant importance to businesses. This not only enables businesses to properly assess the nature of the platforms they operate but also serves as a basis for evaluating actual compliance obligations. In the next edition of our Weekly Debrief, we will provide legal insights regarding the obligations that operators of e-commerce platforms need to be aware of.
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If you would like to discuss how the new e-commerce regulations may affect your business or require tailored advice, please contact our team.
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