Vietnam's 2026 E-Commerce and Digital IP Overhaul: Seller Verification, Cross-Border Deposits, and the Publishing Law Liability Debate

Vietnam is in the midst of its most aggressive regulatory overhaul of digital commerce and intellectual property enforcement in years. Starting July 1, 2026, the country's first dedicated Law on E-Commerce (Law 122/2025/QH15) and its implementing Decree No. 248/2026/ND-CP took effect, introducing sweeping new obligations for both domestic and foreign platforms, sellers, and livestreamers . At the same time, the National Assembly is actively debating proposed amendments to the Publishing Law that could fundamentally shift how digital platforms handle intellectual property liability, potentially creating a direct legal conflict with Vietnam's existing safe harbor framework and international trade commitments .

The E-Commerce Law and Decree 248/2026: What Changed on July 1, 2026

Decree No. 248/2026/ND-CP, issued by the government on June 30, 2026, provides the detailed implementing rules for the E-Commerce Law . It clarifies seller obligations, platform responsibilities, and the compliance requirements for cross-border platforms operating in Vietnam.

Mandatory Seller and Livestreamer Identity Verification

Under the new regulations, intermediary e-commerce platforms are now responsible for conducting electronic identity verification of domestic sellers before allowing them to conduct business . This verification must use: full name, date of birth, personal identification number (or passport for foreigners), and phone number/email .

A key shift is the broadened definition of "seller," which now covers any individual or organization selling goods through websites, apps, e-commerce platforms, social networks with transaction functions, livestreaming, and affiliate marketing .

Livestream sellers and KOLs/KOCs in affiliate arrangements must also be identity-verified . The Decree's mandatory electronic identity verification for sellers and livestreamers takes effect from January 1, 2027, giving platforms a six-month implementation window .

Social media platforms with integrated e-commerce functions must establish specific mechanisms for verifying sellers and livestream participants . Platforms must also publicly disclose their livestream commerce operating regulations, including seller verification processes and complaint handling mechanisms .

The 20 Billion VND Security Deposit for Foreign Platforms

One of the most consequential provisions is the mandatory financial requirement for foreign e-commerce platforms that operate in Vietnam without a locally established legal entity. These platforms must place a minimum security deposit of 20 billion VND (approximately $820,000 USD) at a commercial bank in Vietnam or a foreign bank branch in Vietnam, maintained for the entire period of operation .

When Does a Foreign Platform Trigger These Rules?

The law applies a "Vietnam presence test." A foreign platform is considered to have activities in Vietnam when it meets any one of three conditions :

1. Offers content in the Vietnamese language
2. Operates a .vn domain
3. Processes 100,000 or more local transactions per year

Additional Obligations for Foreign Platforms

Once triggered, foreign platforms must also appoint an authorized legal representative in Vietnam and comply with tax withholding and remittance requirements . The consequences of non-compliance are severe and include blocked access, suspension of transaction functions, or administrative penalties .

The Live Debate: Proposed Publishing Law Amendments and the Risk of Absolute IP Liability

Separate from the E-Commerce Law, the National Assembly is currently debating amendments to the Publishing Law. A single provision — point h, clause 2, Article 10 of the draft — has sparked significant controversy .

What the draft says: The provision prohibits "failing to prevent or remove publications containing content that infringes on intellectual property rights on platforms and applications managed and operated by oneself" .

The core concern: Lawmakers and industry delegates have cautioned that this wording could be interpreted as requiring platforms to proactively monitor and pre-screen all content for IP violations. This would effectively function as strict or absolute liability for third-party IP infringement .

This directly conflicts with two established legal frameworks:

Article 198b: Vietnam's Existing Safe Harbor Framework

Introduced in the 2022 amendment to the Intellectual Property Law and effective January 1, 2023, Article 198b established a conditional liability exemption (safe harbor) framework for intermediary service providers . Under Article 198b, ISPs are liable only if they fail to respond to takedown requests from competent state agencies — they are not required to proactively monitor user content .

This framework was materially transposed from Article 12.551 of the EU-Vietnam Free Trade Agreement (EVFTA) .

Vietnam's International Trade Commitments

Vietnam's free trade agreement commitments — including CPTPP, EVFTA, RCEP, and WIPO treaties — generally require safe harbor frameworks and prohibit imposing general monitoring obligations on intermediaries .

The publishing law amendments are still in draft and not yet enacted. The debate is ongoing, with some delegates pushing for clearer language to ensure the Publishing Law does not override the Article 198b safe harbor regime or create conflicting obligations that would breach Vietnam's international commitments .