Tiếng việtOn that date, the Law on E-Commerce (Law No. 122/2025/QH15) officially took effect, replacing the fragmented regulations of Decree 52/2013 with a unified, comprehensive legal framework . For brand managers in Thailand, Korea, and Singapore eyeing the Vietnamese market—and for local businesses scaling their operations—this new regulatory landscape represents both a compliance challenge and a strategic opportunity.
The legislation arrives amid explosive growth: Vietnam’s e-commerce market reached approximately US$31-32 billion in 2025, growing at 25-27% annually, with projections suggesting it could hit US$80-100 billion by 2030 . But this rapid expansion has come with a darker reality—a surge in counterfeit goods, misleading advertising, and an erosion of consumer trust that has left buyers increasingly exposed to risk .
This article examines the new rules reshaping Vietnam’s social commerce ecosystem, the trust crisis they aim to address, and the professionalization initiatives designed to build a more sustainable digital economy.
The Trust Crisis: Why Regulation Became Urgent
The explosive growth of social media and e-commerce has transformed how Vietnamese consumers shop, but it has also fuelled a surge in misleading advertising and counterfeit goods . Behind seemingly harmless videos lies an unregulated, unaccredited trading system where no one is held responsible .
The KOL Trust Paradox
During discussions on the draft E-commerce Law, National Assembly delegate Huynh Thi Phuc highlighted a troubling reality: “The viewer believes in people rather than products, believes in ethics rather than labels, believes in actors and influencers such as KOLs, KOCs, and TikTokers rather than inspection stamps” .
This trust has been systematically exploited. From cosmetics and dietary supplements to household goods, products are often marketed with exaggerated claims, edited images, and persuasive messaging designed to manipulate consumer psychology . Recent cases have uncovered large networks distributing counterfeit cosmetics promoted with bold claims like “whitening in seven days” or “permanent acne removal”—products that in some instances caused skin irritation or burns .
The Anonymous Seller Problem
Many sellers operate anonymously, making it difficult to trace responsibility. Once profits are made, accounts can disappear overnight, leaving consumers with little recourse . As one Hà Nội student discovered after buying a discounted Korean moisturiser online, “The seller’s page disappeared soon after” .
Nguyễn Thị L., a resident of Bắc Ninh Province, shared a similar experience after repeatedly purchasing online remedies for chronic knee pain: “None of them worked,” she said, calling for stricter penalties .
The Regulatory Gap
Existing regulations remained fragmented, with some lacking clarity or sufficient deterrent effect . At the same time, profit-driven sellers continued to exploit loopholes, while many consumers lacked the knowledge to distinguish genuine products from fakes . The transition from a decree-based framework to a comprehensive law was essential to address these structural weaknesses.
The New Legal Framework: What Brand Managers Must Know
The Law on E-Commerce, effective July 1, 2026, introduces sweeping changes that directly impact how brands, influencers, and platforms operate in Vietnam’s digital marketplace .
1. Expanded Scope and Platform Classification
The law moves beyond simple definitions to establish a nuanced classification system for digital platforms :
Direct E-commerce Platforms: Conduct commercial activities with consumers under their own name
Intermediary E-commerce Platforms: Act as trading floors facilitating transactions between sellers and buyers
Social Network Platforms Engaging in E-commerce: Cover platforms like TikTok Shop that integrate communication, online ordering, or livestream sales
Integrated E-commerce Platforms: Allow other platforms to integrate within their ecosystem
Social networks with commercial functions and livestreaming activities are now explicitly regulated, bringing social commerce firmly within the legal framework .
2. Mandatory Identity Verification: The End of Anonymous Selling
Perhaps the most significant change is the requirement for mandatory seller identity verification . Under Decree 248/2026, operators of intermediary e-commerce platforms must verify sellers’ identities before permitting them to trade on the platform .
Key requirements include:
Domestic sellers: Verified using the VNeID (National Digital Identity) system
Foreign sellers: Verified via valid legal documentation
Livestreamers, KOLs, and KOCs: Subject to identity verification before going live
Affiliate marketers: Must have their identities verified before participating in affiliate marketing networks
Ms. Le Hoang Oanh, Director General of the Vietnam E-commerce and Digital Economy Agency, emphasized: “Before participating in activities on e-commerce platforms, sellers, KOCs/KOLs, and affiliates must all verify their identities. This is a new feature aimed at increasing transparency and helping regulatory agencies trace responsibility when violations occur” .
3. Joint Liability: Platforms as Active Gatekeepers
Platform operators are redefined from “passive intermediaries” to “active gatekeepers,” bearing significantly heightened compliance duties .
Core obligations include :
Proactive takedown duty: Platforms must remove illegal content upon request from competent authorities
Monitoring obligations: Active monitoring and removal of unlawful trading activities
Data retention: Product information retained for at least one year; contract information for three years
Cooperation with authorities: Compliance with takedown requests and regulatory reporting through the national E-Commerce Management System (online.gov.vn)
Most significantly, the law introduces a joint liability regime: platform operators that fail to fulfil their legal obligations and thereby cause harm to consumers may be held jointly liable with the seller for resulting damages . The commercial logic is deliberate: liability is directed toward the deeper-pocketed and readily traceable platform, thereby conscripting the platform’s own compliance apparatus into policing its sellers .
4. Livestream and Influencer Regulations
Livestream selling and affiliate marketing are key areas covered by the new framework .
Requirements include:
Identity verification for all individuals directly involved in livestream sales, including KOLs and KOCs
Mandatory verification of product origin and quality before broadcasting
Prohibition on false advertising—livestreamers cannot fabricate information, arbitrarily add benefits, or promote beyond a product’s actual features
Platforms must archive livestream audio and video data
Affiliate marketers must clearly disclose their respective roles and responsibilities
Ms. Le Thi Ha, Head of the E-commerce Management Department, stressed that “livestream sellers and affiliate marketers must thoroughly understand the product, verify information before broadcasting, and only introduce its actual uses and features” .
5. Cross-Border E-Commerce
Foreign entities without a physical presence in Vietnam face new obligations :
Local representation: Foreign platforms must appoint an authorized legal representative in Vietnam to handle compliance, dispute resolution, and regulatory reporting
Platform registration: Foreign platforms meeting certain thresholds (Vietnamese-language display, “.vn” domain, or prescribed transaction thresholds) must complete registration procedures
Data protection: Enhanced requirements for local data storage and consumer rights protection
The law has extraterritorial reach, applying to both domestic and foreign organizations engaged in e-commerce activities in Vietnam .
6. Penalties and Enforcement
The regulatory framework is backed by significantly strengthened penalties. The draft revised Penal Code adds over 160 offences and raises fines :
Fines for individuals doubling from 20-100 million VND to 40-200 million VND
Businesses could face 18-36 billion VND fines and asset confiscation
Prison sentences for producing or trading counterfeit food and food additives, including on e-commerce platforms
Individuals may be banned from practicing for 1-5 years
The Professionalization Response: Building a Trustworthy Creator Economy
The regulatory crackdown is complemented by industry-led professionalization initiatives. The “Creator for Vietnam” program, launched in May 2026, represents a strategic ecosystem designed to rebuild trust and professionalize content creation .
Addressing the Trust Crisis
As ACCESSTRADE Vietnam’s analysis explains, the industry is experiencing a “trust crisis” . Consumers are increasingly sophisticated—they can identify scripted reviews in three seconds, and when followers sense inauthenticity, conversion rates collapse .
The Creator for Vietnam program tackles this through a multi-pronged approach:
1. Experiential Content (“Mục sở thị”)
Rather than having KOCs create content from home studios, the program funds Farm Tours and Factory Tours where creators visit production facilities . One recent tour took creators to Sa Pa with Traphaco, where they explored the source of Atiso (the raw material for Boganic products), interacted with local communities, and received hands-on livestream training .
This creates authentic User-Generated Content (UGC) rooted in genuine experience—an emotional response that cannot be scripted .
2. KOC Ambassador Program
The program shifts creators from commission-based (CPA) models to multi-stream income combining fixed compensation based on views (CPV) and commissions . This allows creators to invest in quality content without worrying about immediate sales, elevating them from “script readers” to “brand ambassadors” .
3. “Green Seal” of Trust
The program provides a “Con dấu niềm tin” (Trust Seal) for creators committed to honest reviews and responsible practice .
Building a Community of 10,000 Creators
The Creator for Vietnam program, jointly organized by ACCESSTRADE Vietnam, TikTok Vietnam, and the Vietnam E-commerce Association, aims to build a community of 10,000 quality content creators meeting three core standards :
Professional competence
Positive social impact
Sustainable development
As Mr. Nguyen Lam Thanh, General Director of TikTok Vietnam, noted: “Content creators don’t just sell products. We also tell stories about local culture and tourism, connecting products, services, and the very soul of the nation to domestic and international communities” .
Formal Recognition of Content Creation as a Profession
While Vietnam has approximately 10 million digital content creators (with TikTok alone supporting about 6 million earning monthly income), content creation is still not truly recognized as a legitimate profession . The Creator for Vietnam program aims to change this, collaborating with the government, businesses, and society to promote e-commerce and the digital economy while introducing Vietnamese products and services to domestic and international consumers .
What This Means for Brand Managers
For brand managers from Thailand, Korea, and Singapore entering Vietnam, the new regulatory and professionalization landscape creates both obligations and opportunities:
Compliance Requirements
Vet your influencer partners: Ensure KOLs and KOCs are properly identified and operating within the new regulatory framework
Verify platform compliance: Work only with platforms that meet verification and data retention obligations
Update contracts: Include provisions addressing joint liability and compliance with livestream regulations
Prepare for local representation: For cross-border operations, designate authorized legal representatives in Vietnam
Strategic Opportunities
Leverage trust-focused programs: Partner with Creator for Vietnam-affiliated creators who carry the “Trust Seal”
Invest in experiential content: Fund factory and farm tours that generate authentic UGC
Build long-term creator relationships: Shift from transactional one-off campaigns to ambassador programs that reward sustained quality
Differentiate through compliance: As the market undergoes “thanh lọc” (purification), brands that embrace the new rules gain a competitive advantage
FAQ: Vietnam’s New E-Commerce Regulatory Framework
What is Vietnam’s new E-Commerce Law?
The Law on E-Commerce (Law No. 122/2025/QH15) took effect on July 1, 2026, replacing Decree 52/2013 with a unified legal framework regulating all e-commerce activities, including social commerce, livestream selling, and affiliate marketing .
What is joint liability under the new law?
Platform operators that fail to fulfil their legal obligations and cause harm to consumers may be held jointly liable with sellers for resulting damages. This shifts platforms from “passive intermediaries” to “active gatekeepers” .
Do livestreamers need to verify their identity?
Yes. All individuals directly involved in livestream sales, including KOLs and KOCs, must verify their identity before broadcasting. Livestreamers must also verify product origin and quality before going live .
What are the penalties for counterfeit goods?
The draft revised Penal Code introduces prison sentences for producing or trading counterfeit food and food additives, with fines doubling from 20-100 million VND to 40-200 million VND. Businesses could face 18-36 billion VND fines .
What is the Creator for Vietnam program?
A strategic initiative launched in May 2026 by ACCESSTRADE Vietnam, TikTok Vietnam, and the Vietnam E-commerce Association to build a community of 10,000 quality content creators meeting professional competence, social impact, and sustainability standards .
How does the new law affect foreign e-commerce platforms?
Foreign platforms operating in Vietnam must appoint an authorized legal representative in Vietnam, complete platform registration procedures, and comply with local data protection and consumer rights requirements.
