Draft Law on E-CommerceProtecting data, helping Vietnamese people buy Vietnamese products on Vietnamese platforms using Vietnamese technology

E-commerce is not only a sales channel but also a digital economic infrastructure and national digital sovereignty. According to the delegates, a progressive law that encourages Vietnamese platforms, protects Vietnamese data and Vietnamese cash flow will help Vietnamese people buy Vietnamese products on Vietnamese platforms and with Vietnamese technology.

Deputy Prime Minister Bui Thanh Son explains at the discussion session. Photo: Pham Thang

User data needs to be protected seriously.

National Assembly Deputy Be Trung Anh ( Vinh Long ) stated that the draft Law on E-commerce has modern language, a global approach and clearly reflects the spirit of a creative State, market leadership, and technology supporting governance. This is one of the progressive draft laws in terms of legislative thinking in the digital transformation period, clearly demonstrating the aspiration to make Vietnam a leading dynamic and transparent commercial country in the region.

However, the delegate also said that the draft Law has opened many doors, but some "hinges" are still stiff, preventing the door to innovation from being fully opened.

"We are identifying e-commerce as an important field, but this is not just an industry, but a digital infrastructure." Expressing this point of view, the delegate emphasized, "If we only manage activities without creating an ecosystem, this Law is just like a large airport but without a control tower, planes can run long distances but cannot take off."

National Assembly Deputy Be Trung Anh (Vinh Long) speaks. Photo: Lam Hien

The delegate pointed out that Clause 7c, Article 16 requires platforms to provide algorithm descriptions. This is a very progressive regulation, but if there is a lack of specific guidance, the management agency can force businesses to disclose all source code or business secrets. This will make it impossible for any technology startup to set up a server in our country. "A regulation that is correct in its objectives but wrong in its implementation can prevent innovation and that is what we must avoid," the delegate noted.

Besides, according to delegate Be Trung Anh, user data is the "heart" of e-commerce and needs to be strictly protected.

Articles 16 and 18 already allow platforms to authenticate, store and share user data. But without clear limits, this provision conflicts with the Personal Data Protection Law and poses serious privacy risks. When a citizen simply orders a book, but data about location, finances or even browsing behavior is excessively collected, it is no longer commercial, it is invasive.

Therefore, the delegate proposed to add Article 16a stipulating that data authentication and storage must comply with the principle of minimization, only collecting data necessary for transactions, and only sharing when there is a clear legal basis.

“If we do not do so, our country may be assessed by international trade partners as lacking data security and millions of small businesses will have difficulty accessing digital export markets,” delegate Be Trung Anh emphasized.

National Assembly Delegate Nguyen Thi Thu Thuy ( Gia Lai ) speaks. Photo: Quang Khanh

National Assembly Deputy Nguyen Thi Thu Thuy (Gia Lai) suggested that there should be stricter measures to protect personal information on e-commerce platforms, such as: researching and adding mandatory conditions to hide personal information in transactions; the responsibility of businesses to always warn of risks and transparent transactions; regulations on trading floors to display the seller's reputation level, complaint history, authentic assessments such as the business's criminal record, creating a system to look up business reputation such as a list of businesses accused of fraud, violating floors, fake websites...

Encourage and prioritize Vietnamese e-commerce platforms

Believing that the Law needs to have policies to support the development of Vietnamese e-commerce platforms, National Assembly Delegate Doan Thi Thanh Mai (Hung Yen) pointed out that currently, more than 90% of the e-commerce market in our country belongs to platforms with foreign capital. This means that most of the cash flow, data and profits "flow out" of the country. Meanwhile, domestic enterprises, despite their capacity, find it very difficult to compete because they have not received appropriate support mechanisms.

National Assembly Delegate Doan Thi Thanh Mai (Hung Yen) speaks. Photo: Ho Long

“The draft Law needs to aim at policies to encourage, prioritize and protect Vietnamese e-commerce platforms, considering them as important digital economic infrastructure of the country, similar to telecommunications or banking. Only then can we form an independent and autonomous digital commerce platform in our country.”

Emphasizing this, delegate Doan Thi Thanh Mai also proposed reducing floor fees to reduce product prices, helping both sellers and buyers benefit. Currently, foreign floors often charge high fees of 15-30%, increasing retail prices and reducing profits for domestic producers. Another direction being implemented by some Vietnamese enterprises is a floor model that does not charge sellers fees, helping to reduce product prices and share benefits with consumers.

For example, some Vietnamese business trading floors are applying the F2C model (ie from factory to consumer), without charging sellers, thereby making Vietnamese goods cheaper, more competitive and consumers benefit directly. Encouraging these models aims to turn e-commerce into a tool to promote domestic consumption, support small businesses and Vietnamese agricultural products.

Delegates attending the meeting. Photo: Quang Khanh

"E-commerce is not only a sales channel but also a digital economic infrastructure and national digital sovereignty. A progressive law that encourages Vietnamese platforms, protects Vietnamese data and Vietnamese cash flow will help Vietnamese people buy Vietnamese products on Vietnamese platforms and with Vietnamese technology," said delegate Doan Thi Thanh Mai.

However, it is worrying that currently, Vietnamese people's e-commerce data is stored and processed abroad. "User data, consumer behavior and payment are valuable resources, of strategic significance to economic security." Therefore, delegate Doan Thi Thanh Mai proposed that the Law must clearly stipulate that e-commerce data of Vietnamese citizens must be stored in Vietnam's territory and foreign platforms operating in Vietnam must strictly comply with this regulation. This is a prerequisite to protect digital sovereignty and information security in the country.

Explaining at the National Assembly's discussion session, Deputy Prime Minister Bui Thanh Son said he would absorb the opinions of National Assembly deputies to create an environment that encourages domestic and foreign organizations and individuals to participate in the development of e-commerce.

The Deputy Prime Minister also said that the development of the e-commerce market is very good to promote the circulation of goods, expand the cross-border market, ensure national security and interests, invest in digital infrastructure, develop a smart trade ecosystem, smart, green, sustainable e-commerce and high-quality human resources. At the same time, priority is given to supporting start-up businesses, cooperatives, small and medium-sized enterprises, women, people with disabilities, and disadvantaged areas through digital transformation training and building pilot models of e-commerce.

"E-commerce development policies will be specified in the Decree guiding the implementation of the Law on E-commerce," Deputy Prime Minister Bui Thanh Son affirmed.

Source: https://daibieunhandan.vn/du-thao-luat-thuong-mai-dien-tu-bao-ve-du-lieu-giup-nguoi-viet-nam-mua-hang-viet-tren-san-viet-bang-cong-nghe-viet-10395572.html