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[SEPTEMBER 2026] LEGAL UPDATE (PART 2) – LEGAL FRAMEWORK FOR DIGITAL TECHNOLOGY DEVELOPMENT

by DL & PARTNERS / Friday, 04 September 2026 / Published in Legal Updates

1. Law on Electronic Commerce No. 122/2025/QH15 dated 10 December 2025 (“LOEC 2025”)

The LOEC 2025, effective from 01 July 2026, has formally expanded its scope of regulation to cover livestream shopping and affiliate marketing activities conducted on digital platforms. Livestream sellers are required to verify identity through electronic identification and authentication prior to commencing sales activities; must provide business and advertising licences; are prohibited from supplying false or misleading information; and must maintain conduct consistent with cultural norms.[1] Not limited to livestream sellers, the Law further stipulates that platform administrators must retain livestream shopping data for a minimum period of 01 year. [2] At the same time, affiliate marketers are likewise required to complete electronic identification prior to carrying out marketing activities and must refuse to promote any content that is unlawful, unethical, or contrary to cultural norms. [3]

Where an individual or organization participating in e-commerce activities commits a violation, depending on the nature, severity, and consequences of such act, they may be subject to administrative penalties, access blockage or temporary suspension of transaction functionalities on the e-commerce platform, compulsory implementation of remedial measures, liability for damages, or criminal prosecution. [4]

In addition, the LOEC 2025 also regulates certain operational principles for foreign-based platforms conducting e-commerce activities in Vietnam, with a view to tightening e-commerce activities involving foreign elements. Specifically, depending on the type of platform, the platform administrator may be required to register with the competent state authority and establish a legal entity in Vietnam, or to authorize a Vietnamese legal entity to act as its representative, prior to the platform offering a Vietnamese-language interface, using a “.vn” domain name, or reaching the transaction thresholds prescribed by law. [5] In cases where an international treaty precludes the requirement to establish a legal entity, the platform administrator must authorize a Vietnamese legal entity to act as its representative, place a security deposit with a bank in Vietnam, and satisfy the e-commerce operational conditions as prescribed. [6]

It can be seen that, against the backdrop of rapidly growing demand for digital consumption, the introduction of specific regulations governing e-commerce activities marks a turning point in the completion of a comprehensive legal framework for e-commerce operations in Vietnam.

2. Law on High Technology 2025 No. 133/2025/QH15 dated 10 December 2025 (“LOHT 2025”)

The LOHT 2025, effective from 01 July 2025, focuses on establishing policies and criteria for high technology (hi-tech) and strategic technology (strategic-tech), with the aim of building a complete hi-tech ecosystem in the future.

First, LOHT 2025 defines strategic-tech as technology that is breakthrough in nature, creates a national competitive advantage, and enhances technological self-reliance.[7] It also affirms that the development of hi-tech and strategic-tech is one of the country’s strategic breakthroughs, entitled to the highest level of incentives under State law and policies. [8] In addition, the Law sets out strict criteria for hi-tech and strategic-tech, focusing on their contribution to national objectives, socio-economic impact, ability to create long-term competitive advantages, capacity to master core technologies, and requirements to ensure national security and defence. [9]

LOHT 2025 classifies hi-tech enterprises using a tiered approach based on products and services, level of technology ownership, investment scale, revenue, and level of localization,[10] with increasing levels of policy incentives as follows: (i) enterprises manufacturing hi-tech products; (ii) Group 2 hi-tech enterprises; (iii) Group 1 hi-tech enterprises; and (iv) strategic-tech enterprises. [11]

Notably, LOHT 2025 includes specific provisions on technology transfer and commercialization; provides for the establishment and application of controlled testing and risk-acceptance mechanisms; and sets up a mechanism to assess the performance of hi-tech and strategic-tech activities. This assessment will serve as a basis for adjusting support policies and incentives,[12] with a view to promoting scientific innovation and hi-tech development, while remaining appropriate to Vietnam’s actual conditions.

3. Law on Digital Transformation No. 148/2025/QH15 dated 11 December 2025 (“LODT 2025”)

The LODT 2025, effective from 01 July 2026, replaces the Law on Information Technology 2006, and establishes a comprehensive legal framework for the digital transformation (DT) process, with several notable new features:

Basic concepts have now been “codified” into Law, such as “digital transformation”, “digital infrastructure”, “digital Government”, and “digital economy”.[13] This is intended to create a uniformed understanding for the development and implementation of DT policies. On this basis, the Law sets out a development direction for digital infrastructure, digital data, and digital platforms that is synchronized, secure, and capable of interconnection and data sharing. At the same time, it encourages the development of shared digital platforms, supports enterprises in carrying out DT, and places particular emphasis on building a digital workforce. [14]

Under this approach, to attract high-quality human resources for DT in the public sector, the Law allows state agencies and state-owned enterprises to proactively recruit experts and personnel from both within and outside Vietnam. In addition, officials, civil servants and civil employees working on DT are eligible for special treatment in terms of income, working conditions, and career development opportunities. [15]

Notably, LODT 2025 promotes the development of a digital Government by requiring state agencies to provide public services, manage internal operations, issue directives, administer operations, and conduct supervision in the digital environment. Official business processes must be digitized in a streamlined manner, with increased automation and no requirement to re-submit data that has already been lawfully provided. [16]

Furthermore, the Law specifies acts that are strictly prohibited in DT activities,[17] and requires administrators of relevant digital infrastructure to proactively screen, detect, report, and handle harmful and unlawful content in order to protect users. [18]

4. Decree No. 197/2026/ND-CP of the Government dated 03 June 2026 (“Decree 197”)

Decree 197, effective from 01 July 2026, replaces Decree No. 55/2022/ND-CP on the National Database on Citizen Reception, Handling of Petitions, and Resolution of Complaints, Denunciations, Recommendations, and Feedback (the “Database”).

Under Decree 197, the scope of data in the Database is expanded to cover the entire process of receiving citizens, handling petitions, and resolving cases. [19] Alongside this, the Decree sets out a principle of prioritizing making use of and providing information in the electronic environment through a role-based access mechanism, limiting the provision of data in physical form; [20] such information must be provided within 05 (five) working days, except where information is provided online.[21] Notably, regarding operations, Decree 197 establishes a mechanism for creating electronic case files and automatically assigning a unique “case ID code”, which is used throughout the case resolution and storage process.[22] Based on this case ID code, individuals and organizations can check the status of their case in the Database within the scope of their access rights, and can receive notifications of the resolution outcome via the electronic system, SMS, email, etc. [23] In addition, citizens have the right to request access to their personal information collected and stored in the Database, and to request updates if such information is inaccurate. [24]

During the petition intake process, individuals and agencies in charge must digitize/enter and update data to the Database the paper petitions and those submitted by post.[25] This provision aims to address the previous lack of a clear legal basis for accepting petitions and to address situations where citizens’ petitions are rejected solely because they were not submitted in electronic form.

In addition, Decree 197 provides for a mechanism to assess implementation performance; the assessment results will serve as a basis for considering the responsibilities of relevant agencies, organizations, and individuals. [26]

During the transition period, the Database system built under Decree 55/2022/ND-CP will continue to be used until the new system is officially operational. The migration and inheritance of data must be completed within no more than twelve (12) months from the date the new system becomes operational nationwide. [27]


[1] Article 22, 23 and 24 of LOEC 2025

[2] Clause 7 Article 22 of LOEC 2025

[3] Article 26 of LOEC 2025

[4] Article 39 of LOEC 2025

[5] Clause 1, 2, 3, 4 and 6 Article 27 of LOEC 2025

[6] Clause 5 Article 27 of LOEC 2025

[7] Clause 2 Article 3 of LOHT 2025

[8] Clause 1 Article 4 of LOHT 2025

[9] Clause 1 and 2 Article 5 of LOHT 2025

[10] Article 15 of LOHT 2025

[11] Article 15, Clause 3 Article 16 of LOHT 2025.

[12] Clause 5 Article 4, Article 8, Clause 4 Article 16, Point b Clause 2 Article 19 of LOHT 2025

[13] Article 3 of LODT 2025

[14] Article 9 of LODT 2025

[15] Article 18, Article 19 of LODT 2025

[16] Article 31 of LODT 2025

[17] Article 5 of LODT 2025

[18] Clause 2 Article 27 of LODT 2025

[19] Article 5, Article 6 of Decree 197

[20] Clause 4 Article 20 of Decree 197

[21] Clause 2 Article 21 of Decree 197

[22] Article 13 of Decree 197

[23] Clause 4 Article 13, Clause 1 Article 20 of Decree 197

[24] Clause 5 Article 20 of Decree 197

[25] Clause 2, Clause 3 Article 10 of Decree 197

[26] Article 27 of Decree 197

[27] Article 30 of Decree 197

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