In the draft Law on E-commerce, the Ministry of Industry and Trade has issued many regulations to protect the rights of online consumers, prevent counterfeit goods, and strengthen tax management, limiting revenue loss.

One of the new regulations is the requirement to identify online sellers. Accordingly, e-commerce platforms must authenticate the identity of sellers with domestic locations and authenticate foreign sellers through legal documents. Along with that, sellers via livestream (live broadcast) must also authenticate their identities.

Instead of being able to livestream spontaneously as before, the draft Law on E-commerce has issued many regulations on the responsibilities of livestreamers such as: Not providing false or misleading information about the uses, origin, quality, price, promotions, warranty policies and other content related to goods and services; Correctly implementing advertising content that has been confirmed by competent authorities for goods and services in cases where the law stipulates that advertising content must be confirmed; Use language, images, costumes, and behaviors that do not go against social ethics and customs during livestream sales.

According to Tien Phong, lawyer Truong Thanh Duc - Basico Law Firm said that the requirement to identify online sellers and livestream sales is in line with the trend. According to Mr. Duc, with the development of information technology, e-commerce platforms have tools for sellers to easily identify themselves, such as providing software to automatically fill in identity documents, personal information, and facial authentication.

"Identifying sellers helps prevent counterfeit and poor quality goods on e-commerce platforms. Sellers are responsible for the goods sold. When disputes arise, it is easier for authorities to handle them," Mr. Duc said.

Online sales tax evasion is over 1

Livestream sellers will have to identify themselves and comply with many regulations. (Illustrative photo)

Mr. Trinh Cong Thanh - Director of BuBa Vietnam E-commerce Company - said that when doing business in Vietnam, businesses must have a legal entity in Vietnam. Mr. Thanh proposed that the draft law supplement regulations related to changing product names; allowing shipping units to participate in e-commerce activities. This is to create conditions for small and medium enterprises to develop.

Equality of domestic and foreign platforms

E-commerce activities are increasingly developing, many foreign e-commerce platforms can easily sell and deliver goods to Vietnamese consumers. In 2024, the fact that the e-commerce platform Temu sold goods in Vietnam without a license caused a stir in the e-commerce community in Vietnam. One of the opinions that many domestic e-commerce platforms are concerned about is creating a level playing field between businesses operating legally in Vietnam and cross-border e-commerce platforms.

Sharing at the recent workshop to collect opinions on the draft Law on E-commerce, Mr. Phan Manh Ha - Director of External Relations of Shopee Vietnam said that e-commerce platforms with legal entities in Vietnam must comply with many different regulations. Meanwhile, cross-border e-commerce platforms selling goods to Vietnam are not subject to regulations and are not responsible for Vietnamese consumers.

"The draft law needs to create a fair competitive environment, avoiding reverse protectionism, unintentionally creating more favorable conditions for businesses not present in Vietnam. Those who do it honestly and comply with the law are subject to many obligations, while those who are outside the border are not," Mr. Ha proposed.

According to Ms. Tran Hoang Ly - Legal Director of Cho Tot Company Limited, the Cho Tot e-commerce platform aims to meet the needs of users to liquidate used goods and appliances. Ms. Ly wondered if such products are within the scope of the draft law? Besides, the seller only wants to provide single products, not professional sellers. In case the seller provides false information, is the company jointly liable?

According to Mr. Dau Anh Tuan - Deputy Secretary General and Head of the Legal Department of the Vietnam Chamber of Commerce and Industry (VCCI), the e-commerce ecosystem is currently very diverse, from large technology platforms, reputable brands to hundreds of thousands of small businesses. Mr. Tuan proposed that the legal framework needs to ensure a balance of interests: both strict management, consumer protection, and encouragement of innovation.

According to VCCI statistics, in 2024, there will be 650,000 online stores on e-commerce platforms with orders. Sales of 5 popular e-commerce platforms in 2024 will reach 318,900 billion VND.