Navigating the Digital Marketplace: Opinion of E-commerce Lawyers in Vietnam

In today’s rapidly evolving digital landscape, e-commerce has become an integral part of global trade and business. With the rise of online marketplaces, digital storefronts, and cross-border transactions, the world of commerce has undergone a paradigm shift. Vietnam, a burgeoning Southeast Asian economy, is no exception to this transformative wave. As e-commerce continues to gain momentum in the country, the role of e-commerce lawyers in Vietnam becomes increasingly critical.

E-commerce legal landscape in Vietnam

There is expectation of laws that fill the missing gap for foreign investors with particulars in conducting e-commerce activities in Vietnam which supplemented regulations on management of e-commerce activities for foreign investors setting up business in Vietnam.

Specifically, there is a draft decree to supplement Decree 52/2013/ND-CP that (i) adds specific regulations on foreign traders and organizations conducting e-commerce activities in Vietnam; (ii) supplements market access conditions for foreign investors in accordance with the Law on Investment; and (iii) provides the exclusion of foreign investors investing in economic organizations that are innovative and creative enterprises in order to promote innovation activities in accordance with the law on support small and medium enterprises.

In particular, the draft decree also provides plans for e-commerce activities of foreign investors in Vietnam. According to the draft decree, foreign investors can set up an e-commerce website under the Vietnamese domain name or an e-commerce website with the display language in Vietnamese. The option of setting up an e-commerce exchange floor with a specified number of transactions from Vietnam in a year is also considered for selection.

In addition, foreign investors setting up e-commerce websites in Vietnam must notify and register e-commerce activities according to regulations. At the same time, they need to ensure the fulfillment of obligations on protection the interests of consumers. The quality of the goods need to be protected by their representative office, designation of a legal representative in Vietnam.

Foreign investors selling goods on Vietnamese e-commerce exchanges must comply with the operating regulations of e-commerce exchanges in Vietnam. When providing Vietnam e-commerce exchanges, foreign investors are responsible for verifying their identities. In addition, foreign investors conducting e-commerce activities are responsible for complying with the provisions of Vietnamese law on the right to export and import goods in accordance with the laws.

The draft decree also specifies that e-commerce service is a conditional market access industry for foreign investors. Market access conditions will also be considered accordingly. In addition, the control and domination of enterprises providing e-commerce services are also clearly regulated.

In the coming time, Vietnam will continue to receive comments to supplement and complete the draft of decree amending Decree 52 on e-commerce activities. It is important to create a clear and appropriate e-commerce operating environment to attract foreign investors with experience and capability to invest, set up company and operate in Vietnam in the area of e-commerce to facilitate goods transaction, protect intellectual property, reduce cost. However, it is also equally important to ensure the management of investment activities of foreign investors in the field of e-commerce in Vietnam. 

How E-commerce Lawyers in Vietnam Matter?

The E-Commerce Boom in Vietnam

Vietnam has experienced a remarkable surge in e-commerce activities over the past decade. Factors such as increased internet penetration, a tech-savvy population, and growing consumer trust in online platforms have contributed to this boom. As a result, both local entrepreneurs and international businesses are eager to tap into the Vietnamese e-commerce market.

However, the dynamic nature of e-commerce brings forth an array of legal complexities and challenges. From data privacy concerns and consumer protection issues to intellectual property disputes and regulatory compliance, the e-commerce sector in Vietnam demands adept legal guidance.

Navigating Regulatory Frameworks

One of the primary reasons why e-commerce lawyers in Vietnam matter is the intricate web of regulations governing this industry. Navigating these frameworks effectively can be a daunting task for businesses, especially those unfamiliar with the local legal landscape.

E-commerce lawyers in Vietnam can play a pivotal role in helping businesses comprehend and comply with Vietnam’s e-commerce laws and regulations. They provide insights into critical aspects such as online advertising rules, e-payment systems, and taxation of e-commerce transactions. With their expertise, businesses can ensure that their operations align with Vietnamese laws, minimizing legal risks and liabilities.

Protecting Intellectual Property Rights

In the digital realm, protecting intellectual property rights is paramount. E-commerce platforms are vulnerable to various forms of infringement, including counterfeiting, trademark violations, and copyright disputes. E-commerce lawyers in Vietnam specialize in safeguarding these rights, ensuring that businesses can operate on a level playing field.

They help businesses register trademarks, enforce copyright protections, and take action against counterfeit products. In doing so, they create an environment where businesses can thrive without the constant threat of intellectual property theft.

Data Privacy and Security

The issue of data privacy and security has gained prominence globally, and Vietnam is no exception. With the implementation of regulations like the Law on Cybersecurity and personal data protection laws, ensuring compliance is essential for e-commerce businesses.

E-commerce lawyers in Vietnam assist businesses in crafting robust data protection strategies, drafting privacy policies, and ensuring compliance with Vietnam’s evolving data protection framework. This is crucial for maintaining consumer trust and avoiding potentially crippling legal repercussions.

Resolving Disputes

Disputes are an inevitable part of any business landscape, and e-commerce is no different. Whether it’s conflicts with customers, suppliers, or other businesses, having skilled e-commerce lawyers in Vietnam by your side can make all the difference.

These legal experts are adept at dispute resolution through negotiation, mediation, or litigation if necessary. Their ability to navigate both online and offline disputes ensures that businesses can resolve conflicts efficiently and effectively.

In the age of digital commerce, the role of e-commerce lawyers in Vietnam cannot be overstated. They serve as guardians of legal compliance, protectors of intellectual property, and facilitators of smooth business operations. For any business looking to thrive in Vietnam’s vibrant e-commerce landscape, partnering with knowledgeable e-commerce lawyers in Vietnam is not just a choice; it’s a necessity. In a world where every click matters, these legal professionals are the keystones to sustainable success.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.