Shared liability may weigh on e-commerce platforms, Hanoi deputies warn

THE HANOI TIMES — Hanoi lawmakers have cautioned that holding e-commerce platforms legally responsible for counterfeit and fraudulent goods sold by vendors could slow Vietnam’s booming digital economy, as the National Assembly debates revisions to the E-commerce Law.

At the group discussion on November 3, deputy Do Duc Hong Ha said that the proposed regulation would have a major impact and fundamentally alter nature of e-commerce platforms.

He explained that e-commerce platforms are typically considered intermediaries and are granted immunity from liability for sellers’ violations, unless the platform knows or should have known about the violations, following international practices and Vietnam’s Law on Electronic Transactions.

“Requiring e-commerce platforms to share liability with sellers even when they are not directly at fault would impose a heavy legal and financial burden on these platforms,” Ha said.

He noted that platforms currently manage millions of sellers, so holding them responsible for every seller’s behavior would discourage innovation and market participation.

“This rule will choke the market or force companies to adopt excessive control measures, which will hinder operations and increase costs for honest sellers,” the Hanoi deputy said.

Ha added that the proposed shared liability rule is inconsistent with Vietnam’s current legal principles under the Civil Code and the Law on Electronic Transactions.

To ensure feasibility and encourage e-commerce development, Ha proposed that the platforms’ responsibilities should be based on the principle of fault.

Platforms should only be liable if they are directly at fault or fail to carry out required control measures as prescribed by law, he said.

Deputy Nguyen Thi Lan raised three key issues to combat counterfeit goods in the digital environment, namely strengthening state management, developing high-quality human resources and improving consumer protection mechanisms

She pointed out that the shortage of skilled workers in technology, data analytics and smart logistics remains a major challenge for e-commerce.

Lan proposed specific incentives for training and developing high-quality e-commerce professionals, encouraging “three-party cooperation” among universities, research institutes and major e-commerce companies to create practical, demand-driven training programs.

She also suggested tax exemptions or reductions for organizations and businesses investing in advanced training in e-commerce, artificial intelligence (AI) and big data applications.

Lan emphasized the need for detailed coordination mechanisms among related ministries, including the Ministry of Information and Communications (content and digital platforms), the Ministry of Public Security (cybersecurity and personal data) and tax and customs authorities.

“This will ensure consistency and prevent overlap or legal loopholes,” she said.

To address widespread fraud, counterfeit sales and consumer rights violations, Lan proposed requiring e-commerce platform owners to verify sellers’ identities through digital identification in order to tighten seller oversight and enable authorities to trace and handle fraud effectively, as applied in the European Union and other advanced markets.

Lan also recommended an automatic complaint and refund system to protect consumers when transactions are canceled, products differ from descriptions or fraud is detected.

“Automation will reduce administrative steps, allow buyers to get refunds quickly and punish fraudulent behavior promptly, protecting consumers and helping build a transparent, modern and sustainable digital economy,” she said.

KOLs and KOCs must bear responsibility

At other discussion panels, lawmakers proposed that the amended E-commerce Law include clear rules on shared responsibility for key opinion leaders (KOLs), key opinion consumers (KOCs), artists and celebrities who advertise or sell products on e-commerce platforms.

Deputy Trieu Thi Ngoc Diem from Cantho noted that these figures appear frequently in livestreams and online marketing campaigns as their appearances and sales activities have huge effects on the consumers’ sentiment.

She proposed adding a separate provision on shared responsibility among KOLs and KOCs as their false endorsements can cause serious harm to consumers.

“KOLs, KOCs and public figures must have verified digital identities before advertising or selling goods. They must disclose the content of their promotions and be jointly responsible for the accuracy of the information and the quality of the goods or services they promote,” she said.

To strengthen control over livestreaming, deputy Dao Chi Nghia from Cantho proposed that the amended law require e-commerce platforms to block livestreams promoting banned goods, prohibited services and products that must be pre-approved by authorities.

He stressed that this is especially important for health-related products, agricultural goods and food items that have not been legally certified.

“These issues must be clearly regulated to protect consumers and promptly prevent livestream violations,” he emphasized.

Vietnam’s e-commerce market reached US$25 billion in 2024, a 20% increase from 2023, contributing nearly 10% of the country’s total retail and service revenue.

The market is forecast to expand by 25.5% in 2025 as consumer spending peaks during the year-end shopping season, surpassing the initial annual growth target of 20%–22%.