Ho Chi Minh City, 22 September 2026
Introduction
In the previous part, Weekly Debrief outlined the legal nature of e-commerce platforms and clarified several noteworthy new terms. Continuing the discussion on the e-commerce sector, Weekly Debrief – Part 2 will focus on changes to the legal framework applicable to direct business e-commerce platforms (“Direct Business Platform”), as well as highlight several key considerations for businesses operating under this model.
Key Legal Obligations and Responsibilities
Notification obligation: Before operating a Direct Business Platform offering a function that enables the conclusion of electronic contracts, the operator must complete a notification procedure with the provincial People’s Committee via the National Public Service Portal, instead of submitting the application dossier to the Ministry of Industry and Trade as previously required. Businesses should pay particular attention to this change in the competent authority responsible for receiving and processing the application dossier.
Upon approval, the operator will receive the following electronic notification symbol to be displayed on the platform:
Information disclosure responsibility: As the entity managing and operating the platform, the operator of a Direct Business Platform is responsible for disclosing the following information:
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Information of the operator, documentation proving compliance with investment and business conditions for conditional business lines;
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Rights and obligations of the operator, sellers and buyers;
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Privacy policy, including the purpose, scope of information collection and use, retention periods, organizations or individuals that may have access to personal information, security measures, etc.;
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Procedures for receiving and resolving feedback, requests, and complaints, including the intake method, processing procedures, response times, etc.;
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Information on product and good quality, mandatory product labeling information, etc.; and
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If the platform also offers an online ordering function, the operator must additionally publish general transaction terms and conditions, such as pricing policy, payment policy, display priority policy, operational rules for sales livestreams, etc.
Information accessibility responsibility: The operator is responsible for ensuring the accessibility to data that:
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Already posted on the platform for at least 01 (one) year from the time of posting; and
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For a platform offering an online ordering function, data related to concluded contracts must remain accessible for at least 03 (three) years from the date of contract conclusion.
Periodic reporting obligation: Before February 15 of each year, the operator must report its e-commerce activities online via the E-commerce Operation Management System or provide information as requested by the competent authorities.
Key Considerations for Operating Direct Business Platforms
Firstly, businesses should evaluate their operational models and reassess the legal nature of relevant platforms. If their platform qualifies as a Direct Business Platform offering an online ordering function, the business should verify the status of its notification procedure and promptly complete the process or submit a notification of amendments or supplements, as applicable under the law.
Businesses should also review and update the Terms and Conditions, Privacy Policy and other applicable policies to ensure compliance with the new regulations. It should be noted that these updates should be made alongside a review of relevant sector-specific regulations, such as those concerning personal data protection and consumer right protection, to ensure that all necessary requirements under the law are met.
Last but not least, businesses should review and supplement the measures, tools, and technical systems on their platforms to facilitate information access, support the settlement of user complaints and disputes, and respond to information requests from competent authorities.
Conclusion
In general, current regulations do not impose significant new responsibilities and obligations on operators of Direct Business Platforms compared to the past. However, businesses should proactively stay updated on legal requirements and review their platform operations to enhance compliance. This also presents an opportunity for businesses to re-evaluate their operational models and make timely adjustments to ensure adherence to the new regulations.
In upcoming parts, Weekly Debrief will continue to provide updates on notable changes affecting other types of e-commerce platforms. We invite our readers to tune in!
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See the previous part here: Part 1a
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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.
📧 info@indochinecounsel.com
☎️ (+84) 28 3823 9640
