I. Introduction
In the context of rapid development of e-commerce that increasingly transcends geographical boundaries, Vietnamese consumers are engaging in transactions and consumption activities on digital platforms operated by foreign organizations such as Temu, Shein, Amazon, and AliExpress. While this trend provides consumers with greater choices, it also gives rise to complex legal challenges relating to consumer protection responsibilities, particularly in cross-border transactions.
Recent events, including requirements imposed on Temu and Shein to register business operations or temporary suspension of services due to non-compliance with Vietnamese legal regulations, clearly demonstrate the need to完善 the legal framework to identify and impose legal responsibilities on foreign e-commerce platforms toward consumers in Vietnam.
This study focuses on analyzing Vietnam’s current legal regulation governing foreign e-commerce platforms, identifying practical limitations in enforcement, and proposing legal improvements aimed at maximizing the protection of Vietnamese consumers’ rights and interests.
II. Legal Framework and Scope of Application
To determine the scope of legal liability applicable to foreign-related e-commerce platforms, it is necessary to clarify the existing legal instruments regulating e-commerce activities and consumer rights:
- Decree No. 52/2013/ND-CP on E-Commerce (as amended and supplemented by Decree No. 85/2021/ND-CP), which regulates e-commerce activities, including participating entities and the responsibilities of e-commerce trading floor service providers toward consumers.
- The Commercial Law 2005 and the Law on Protection of Consumer Rights (amended in 2023), which establish obligations concerning truthful disclosure of information, product quality responsibility, and protection of buyers’ lawful interests in commercial activities.
- The Law on Electronic Transactions 2023, together with regulations governing electronic contracts, electronic data, and electronic evidence in digital commerce.
- The E-Commerce Law 2025 (effective from July 1, 2026), which constitutes Vietnam’s first comprehensive specialized legislation providing clearer provisions on the rights and obligations of participants in e-commerce activities. The law includes a dedicated section governing foreign-related e-commerce platforms, covering requirements on legal representation, liability for damages, data transparency, complaint handling mechanisms, and transaction record retention.
Accordingly, Vietnamese law is progressively establishing a regulatory framework governing the liability of e-commerce platforms, expanding legal obligations from domestic traders to foreign merchants conducting online business targeting the Vietnamese market.
III. Legal Liability of Foreign E-Commerce Platforms
1. Liability for Transparency and Accuracy of Information
Under current regulations, e-commerce platforms (including platform owners and operating entities) are obligated to provide accurate and transparent information regarding goods, services, sellers, and transaction conditions. This requirement ensures that consumers possess sufficient information before making purchasing decisions.
In practice, platform operators must ensure the accuracy and traceability of information published on the platform, particularly for goods supplied by foreign merchants. Lack of transparency may result in transactions involving counterfeit or low-quality goods, thereby causing direct harm to consumers.
2. Responsibility for Complaint Resolution and Compensation for Damages
Pursuant to Decree No. 85/2021/ND-CP, e-commerce platforms are responsible for acting as focal points for receiving and resolving consumer complaints, even in transactions involving multiple participating parties. Platforms may also bear joint liability for compensation where violations of statutory obligations cause damage to consumers.
For foreign platforms, new provisions under the E-Commerce Law 2025 are expected to require the establishment of a legal representative or legal entity in Vietnam to ensure effective enforcement of these rights and obligations. This represents a significant advancement aimed at preventing platforms from operating anonymously outside Vietnamese jurisdiction, which previously made it difficult for consumers to access legal remedies when disputes arose.
3. Responsibility for Data Retention, Provision, and Cooperation with State Authorities
The new legislation also requires platforms to store and provide transaction data for investigation, complaint handling, and dispute resolution purposes. The standard retention period is at least three years, including after a store or seller account has ceased operation, thereby facilitating inspection activities and consumer dispute resolution.
4. Compliance with Other Legal Obligations (Taxation, Data Protection, etc.)
Beyond direct consumer protection obligations, foreign e-commerce platforms must also comply with Vietnamese regulations relating to taxation, personal data protection, privacy rights, and legal obligations concerning payment, logistics, and refund mechanisms. Non-compliance may result in administrative sanctions or restrictions on platform accessibility within Vietnam.
IV. Challenges and Proposals for Legal Improvement
1. Practical Limitations in Enforcement
Currently, regulations governing the liability of foreign e-commerce platforms remain fragmented and insufficiently clear in practical enforcement, particularly in cross-border operations. The virtualization of business addresses and difficulties in identifying legally responsible entities within Vietnam have created legal loopholes that facilitate fraud and enable platforms to evade compensation obligations toward consumers.
2. Proposed Legal Improvements
- Strengthening legal representation requirements in Vietnam: Foreign-related platforms should be required to establish a legal representative or legal entity in Vietnam to facilitate dispute resolution and enforcement of legal liability.
- Enhancing data transparency and product traceability: Mandatory standards should be introduced to ensure transparency of goods and service information, alongside criminalization of fraudulent data practices that mislead consumers.
- Promoting international cooperation: Establish cross-border cooperation mechanisms for handling e-commerce violations, data sharing, and legal information exchange between Vietnam and jurisdictions where e-commerce platforms operate.
V. Conclusion
The legal liability of foreign e-commerce platforms toward Vietnamese consumers has become a critical legal issue in today’s digital economy. With the enactment of the E-Commerce Law 2025 and related legislation, Vietnam has begun establishing a solid legal foundation requiring foreign platforms to operate transparently, resolve consumer complaints, compensate damages, and comply with broader legal obligations.
However, to ensure comprehensive protection of Vietnamese consumers, the legal system must continue refining specialized regulations, particularly regarding access to legal remedies, data protection responsibilities, and cross-border enforcement mechanisms. This development is not only a practical necessity but also an inevitable trend aligned with international legal practices in the digital economy.
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1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
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Khuong Ngoc Lan