A durian grower in Dak Lak livestreams sales every evening, peaking at 3 billion VND a month. Year-end, the tax authority summons him over undeclared e-commerce income; meanwhile a buyer complains the “Thai durian” delivered is a different cultivar, and the platform orders compensation plus a 7-day shop suspension. Selling farm produce online is a fast-growth channel — where legal risk arrives simultaneously from three directions: the platform, the taxman, and buyers.
Legal framework: E-Commerce Law 122/2025 and Decree 248/2026
The E-Commerce Law 122/2025/QH15 (passed 10 December 2025, effective 1 July 2026) and Decree 248/2026/ND-CP detailing it (signed 30 June 2026, effective 1 July 2026) now govern online trading — replacing Decree 52/2013/ND-CP and Decree 85/2021/ND-CP, which expired on 1 July 2026. E-commerce platform operators must register their operations with the Ministry of Industry and Trade; the core change is that platforms must electronically verify each seller’s identity before allowing listings (the verification duty applies from 1 January 2027), and social networks with transaction functions are regulated as e-commerce platforms. Farm sellers on platforms — even households — are “sellers” bearing duties on product information, quality, and complaint handling; livestream sellers and affiliate marketers are likewise subject to identity verification as sellers.
Duties of online farm-produce sellers
Listings must be truthful: cultivar, origin, standards (VietGAP…), shelf life, storage conditions. For fresh produce, delivery-time and transport-condition promises spark the most disputes — “delivery within 48 hours” without a cold chain means spoiled goods at the door. Sellers must honor return and warranty policies under platform rules and consumer-protection law; fake reviews and deceptive seeding can be punished as unfair competition.
Platform operator liability
Under the E-Commerce Law 122/2025 and Decree 248/2026, platform operators must inspect and supervise sellers’ goods; remove violating content within 24 hours of a state authority’s request and keep it from reappearing under another name (notice-and-stay-down); retain seller identification, transaction data and livestream audio/video for at least 1 year; and cooperate in dispute resolution. A platform that fails its statutory duties and lets consumer harm occur is jointly liable for compensation with the seller. For seller violations (counterfeits, substandard goods, origin fraud), platforms may apply sanctions under their published operating rules: warnings, visibility limits, shop suspension. Sellers should read platform rules before going live — those rules operate as contract terms.
Tax on online and livestream selling
Individuals and business households selling farm produce via platforms, social media, or livestream must meet tax duties (VAT and personal income tax declaration and payment under e-commerce tax rules) once revenue reaches thresholds. Tax authorities now cross-check platform data, shipper records, and bank flows — large-scale “underground” livestream selling risks back-tax assessment and fines. Register as a business household and declare from the start instead of waiting to be summoned.
Frequently Asked Questions
1. Does selling produce via a personal Facebook account require platform registration?
No — a personal Facebook account is not itself an e-commerce “platform” subject to registration; registration and verification duties rest on the platform operator. But sellers still owe duties on product quality, food safety, truthful information, and taxes at revenue thresholds. Note: under the E-Commerce Law 122/2025, social networks with transaction functions are regulated as e-commerce platforms — the platform must verify its sellers’ identities, including livestream sellers.
2. Where to complain about a wrongful shop suspension?
First, use the platform’s own dispute mechanism under its operating rules. If unsatisfactory, sue civilly under the platform service contract, or report to the e-commerce regulator where the platform breached its duties.
3. Can exaggerated livestream claims about produce benefits be fined?
Yes. False advertising of product quality or effects faces administrative advertising fines; buyers harmed may also claim damages. For foods, any health-effect claim needs substantiation and must follow food-advertising rules.
This article has been quality-reviewed by the FLAW AI Legal Council