Five major policies in the development of the E-commerce Law.

To ensure greater legal stability and long-term sustainability for e-commerce, the Ministry of Industry and Trade proposes the development of an E-commerce Law with five major policies.

Special commercial operating methods

The Ministry of Industry and Trade stated that the field of e-commerce is currently being regulated primarily by two documents: Government Decree No. 52/2013/ND-CP dated May 16, 2013, on e-commerce (Decree 52), and Decree 85/2021/ND-CP dated September 25, 2021, amending and supplementing some articles of Decree 52 (Decree 85). However, because these two documents are at the Decree level, they are not sufficient to regulate all important issues in e-commerce.

Furthermore, the rapid development of science and technology, the emergence of many new business models, diverse in terms of entities and complex in nature, and the practical experience of state management in this field have led to some shortcomings and limitations in policies and regulations on e-commerce.

To ensure greater legal validity and stability of legal documents, the Ministry of Industry and Trade proposes the development of a Law on E-commerce instead of maintaining documents at the decree level, as laws have higher legal value than decrees and serve as the basis for regulating important, principled, and comprehensive issues in the field of e-commerce.

"The decree must be issued on the basis of a law. Without a foundational law, the decree will not be strong enough to regulate important issues in the field of e-commerce. Furthermore, e-commerce is a complex field involving many parties, both domestic and foreign, therefore, a stable and long-term legal framework is needed to regulate it," the Ministry of Industry and Trade affirmed.

The state management agency for e-commerce also stated that many countries around the world have already developed e-commerce laws, specifically: Malaysia, Cambodia, the Philippines, Hungary, Romania, Macedonia, Ireland, Malta, Luxembourg, Iran, China... "In general, many countries have developed e-commerce laws based on the concepts and principles of the UNCITRAL Model Law on Electronic Commerce, in which, fundamentally, these countries recognize the legal value of electronic data messages to create a safe legal environment for e-commerce activities," the Ministry of Industry and Trade informed.

Some other countries, while not having enacted laws on e-commerce, have specific regulations governing this sector. For example, the European Commission issued the Directive 2000/31/EC on electronic commerce in 2000, and more recently, the Digital Markets Act.

Indonesia has issued Regulation No. 80/2019 on e-commerce (Reg 80/2019), Regulation No. 31/2024 on licensing, advertising, guidance and supervision of e-commerce businesses (replacing Regulation No. 50/2020)...

Năm chính sách lớn trong xây dựng Luật Thương mại điện tử

Many countries around the world have already enacted laws on e-commerce.

On the other hand, some countries are developing laws related to e-commerce from a consumer protection perspective, aiming to enhance consumer confidence in e-commerce and thereby promote its healthy and sustainable development.

Japan enacted the Act on the Protection of Consumers Who Use Digital Platforms for Shopping.

South Korea enacted the Act on the Consumer Protection in Electronic Commerce. India enacted the Consumer Protection (E-commerce) Rules 2020, based on the provisions of the Consumer Protection Act 2019.

"Experience in building legal frameworks for e-commerce in most countries and regions shows that the consensus among parties is that e-commerce cannot be considered merely a method of commercial activity, but rather a special method of commercial activity with inherent complexities, requiring separate legal documents to regulate the specific aspects of this field," the Ministry of Industry and Trade emphasized.

At the same time, the Ministry affirmed that, in order to align with global trends, Vietnam urgently needs to develop a Law on E-commerce to comprehensively regulate this sector, contributing to protecting the rights of participating parties, promoting innovation, and creating momentum for Vietnam's digital economic development.

Five major policies

Based on an assessment of practical implementation and the identification of necessary additions and improvements for future e-commerce policy planning, the Ministry of Industry and Trade has identified five major policies in the development of the E-commerce Law:

Firstly, supplement and standardize concepts according to current legal regulations. Clearly define the concepts of digital platform, intermediary digital platform, and other concepts relevant to the e-commerce field and ensure harmony with other existing laws.

Secondly, the regulations define the forms of e-commerce activities, the entities involved, and their related rights and obligations. This ensures that no e-commerce business models or participating entities are overlooked, thereby enhancing the effectiveness of regulatory enforcement.

Thirdly, the regulations define the responsibilities of e-commerce support service providers, aiming to create a mechanism for competent state management agencies to implement technical measures to prevent the dissemination of information about goods and services that violate e-commerce laws.

Because there are no specific regulations regarding the responsibilities of intermediary service providers supporting e-commerce activities, potential risks to information security and cybersecurity exist. Regulatory agencies will face difficulties in monitoring and handling violations, reducing the effectiveness of consumer protection.

Fourth, regulations on electronic contract authentication services in commerce aim to treat all types of reliable service providers fairly and to quickly detect and handle legal violations related to electronic contracts.

Fifth, regulations on the development of e-commerce. Currently, the regulations in Decree 52 and Decree 85 have provided a basic legal framework for the operation and operating models of e-commerce. However, in the context of the strong development of e-commerce, the current regulations need to be adjusted.

This regulation will promote the green and sustainable development of e-commerce, contributing to efficient economic development, creating value for the community, contributing to building a just society, and minimizing negative impacts on the environment.

In the context of global integration, Vietnam's e-commerce has witnessed strong growth. While B2C e-commerce sales in Vietnam reached only US$2.97 billion in 2014, this figure is projected to reach US$25 billion by 2024, representing an average annual growth rate of 26.7%; accounting for approximately 9% of the country's total retail sales of goods and consumer services. Over 60% of the population participates in e-commerce, with an average purchase value of around US$400 per person per year. E-commerce has become a popular shopping method, especially in major cities like Hanoi and Ho Chi Minh City.

To ensure greater legal stability and long-term sustainability for e-commerce, the Ministry of Industry and Trade proposes the development of an E-commerce Law with five major policies.

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