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Vietnam: Updated regulations affecting e-commerce platforms

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In brief

On 25 September 2021, the government passed Decree No. 85/2021/ND-CP (“Decree No. 85“) amending several provisions of Decree No. 52/20213/ND-CP on e-commerce (“Amended Decree No. 52“). The amendments and supplements under Decree No. 85, effective on 1 January 2022, focus on the provision of cross-border e-commerce services in Vietnam.

Key takeaways

  • Foreign E-Commerce Service Providers (as defined below) must (i) register their e-commerce activities and (ii) set up a representative office in Vietnam or appoint an authorized representative in Vietnam.
  • Social networks that make their members directly or indirectly pay a fee to carry out certain activities will be regulated as e-commerce platforms. 
  • The list of five companies holding a dominant position in the e-commerce service market in Vietnam will be issued by the Ministry of Industry and Trade (MOIT). A foreign investor having control over one or more companies on such list will have to seek an appraisal opinion on national security for its investment from the Ministry of Public Security (MPS).

Click here to access the full alert. 

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Author

Yee Chung Seck leads the Firm’s Mergers & Acquisitions, IT/C, Pharmaceutical and Healthcare Practices in Vietnam. Chambers Global (2014, 2013) and Chamber Asia (from 2010 to 2015) rank him as a leading lawyer in the field of Corporate M&A and TMT in Vietnam. He is a member of the Singapore Bar Association and serves as vice president of the Singapore Business Group. He also serves as AmCham's IT/C Sub-Committee Co-Chair. Mr. Seck is fluent in English and conversational in Mandarin.

Author

Manh Hung Tran is the principal and managing lawyer of BMVN International LLC, a licensed law firm and IP agent, which is a member of Baker & McKenzie International. Mr. Tran has represented various multinational and Vietnamese companies in different industries including infrastructure, transportation, telecommunications, port, retail, distribution, and intellectual property. He also assisted internationally famous brands to establish their investment projects in Vietnam. Mr. Tran was voted Vietnam Lawyer of the Year (2009) in the national poll of Vietnamese lawyers organized jointly by the Vietnam Lawyers’ Federation, the Ministry of Justice and Vietnam Law Magazine. In addition to authoring many publications, Mr. Tran has given speeches and lectured on "Lawyering Skills" at the Hanoi Unveristy of Law and Diplomatic Academy of Vietnam, and intellectual property laws for the Professional Training School of the Ministry of Industry and Trade. He used to serve as chairman of the Legal Committee of Hanoi American Chamber of Commerce.

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