Gaps seen in support system for exports in Vietnam's draft e-com law
A key aim of the law is facilitating the export of goods and services through both domestic and cross-border e-commerce platforms.
At a consultation on the draft e-commerce law held by the Vietnamese Ministry of Industry and Trade, representatives from businesses, international organisations and industry bodies pointed to persistent gaps in the support ecosystem for digital exports. The draft does not clearly define policies to encourage broader participation in Vietnam's e-commerce export ecosystem, a USABC representative noted.
The draft does not clearly define policies to encourage broader participation in Vietnam's e-commerce export ecosystem, a representative of the US-ASEAN Business Council (USABC) noted.
USABC recommended introducing targeted tax incentives for international platforms that actively support Vietnamese exporters. These could include reduced or waived taxes on revenues from marketing, seller support services and simplified administrative procedures for platforms that demonstrate practical contributions.
The draft says e-contracts would be granted the same legal validity as physical documents, giving businesses and consumers greater confidence in digital transactions. Detailed provisions on contract formation, including offers, confirmations, cancellations and data retention, aim to minimise risks in international dealings.
The draft, expected to be submitted to the National Assembly for approval and implemented next year, classifies types of e-commerce platforms—direct sales platforms, intermediaries, social media platforms and multi-service integrators, and sets out clear requirements regarding operating conditions, legal responsibilities, data retention, content moderation, consumer protection and tax obligations, a domestic media outlet reported.
For platforms with foreign elements, which account for most digital export traffic, the law outlines clear conditions for legal operation in the country.
These include having a '.vn' domain, providing a Vietnamese-language interface or surpassing 100,000 domestic transactions per year. In such cases, foreign entities would be required to appoint a local legal representative or proxy with adequate financial and technical capacity, and would bear joint liability in case of violations.
The draft says the ministry will be tasked with formulating a National E-Commerce Development Strategy for approval by the prime minister. The strategy will include targeted programmes, priority projects and associated financial mechanisms.
A notable initiative is the establishment of pilot cross-border e-commerce zones. These zones will benefit from special policies on customs clearance, bonded warehousing, logistics and corporate income tax, particularly targeting micro, small and medium enterprises that often struggle to access traditional export channels.
The E-Commerce Development Fund, a non-budgetary fund under the ministry, will serve as the main resource to support businesses in digital transformation. It will help them pilot new business models (via sandbox mechanisms), upgrade digital platforms, develop human resources and boost exports through e-commerce.
The draft outlines a centralised platform for e-commerce management, integrated with national data systems. This will support market tracking, fraud detection and timely access to business information. It will also function as a public portal for reporting violations, handling complaints and publishing market statistics.
The draft also introduces secure payment mechanisms to protect consumers and ensure reliability in digital exports.
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