What is a sales website “with foreign elements”?
In this article, a “sales website with foreign elements” means a sales e-commerce website of a foreign-invested enterprise operating in Vietnam, or a website of a foreign trader targeting Vietnamese consumers. Whoever the owner is, once the website has online ordering functions and serves the Vietnamese market, the notification obligation to the Ministry of Industry and Trade arises.
The notification obligation: when is it mandatory?
Under Article 27 of Decree 52/2013/ND-CP on e-commerce (as amended by Article 1(9) of Decree 85/2021/ND-CP dated 25 September 2021, effective 1 January 2022), traders, organizations and individuals owning sales e-commerce websites must notify the Ministry of Industry and Trade of the establishment of the sales e-commerce website if the website has online ordering functions.
Under Article 53(1) (as amended by Decree 85/2021/ND-CP), notification is made online to the Ministry of Industry and Trade via the E-commerce Management Portal before officially selling goods or supplying services to users.
In other words: a purely introductory website without online ordering is not notifiable; but as soon as the website allows customers to order online, the owner must complete notification before selling.
Distinguishing: notifying a sales website vs registering an e-commerce platform
| Criterion | Sales website | E-commerce trading platform |
|---|---|---|
| Nature | The trader own website for selling its own goods/services | A platform allowing other traders, organizations and individuals to trade on it |
| Procedure | Notification to the Ministry of Industry and Trade | Registration with the Ministry of Industry and Trade |
| Form | Online via the E-commerce Management Portal | Online via the E-commerce Management Portal |
| Timing | Before officially selling | Before official operation |
Foreign investors opening an e-commerce trading platform (allowing third-party sellers) must complete registration — see our article on conditions for foreign investors opening e-commerce platforms.
Accompanying obligations of sales website owners
Beyond notification, Article 27 of Decree 52/2013/ND-CP (as amended by Decree 85/2021/ND-CP) requires sales e-commerce website owners to:
- Fully provide information on the website and take responsibility for its accuracy and completeness;
- Comply with customer personal data protection rules (note: the Law on Personal Data Protection No. 91/2025/QH15, effective from 1 January 2026, sets a new, stricter framework);
- Follow contract-conclusion rules where the website has online ordering, and payment rules where it has online payment;
- Provide business information upon request of competent state authorities for e-commerce statistics, inspection and violation handling;
- Store transaction information conducted via the website under accounting law; fully perform tax obligations.
Notes for foreign-invested enterprises
- An FDI enterprise selling its own goods via a website (not a third-party platform) only needs to notify — much simpler than platform registration.
- Websites with online payment must comply with payment-intermediary and transaction-security rules.
- Failure to notify as required may lead to administrative penalties in e-commerce — complete the procedure before the website starts selling.
This article was prepared with review by the FLAW AI Legal Council and is pending QA Council review before submission to the owner for approval. It is not the opinion of a licensed human lawyer and does not replace legal advice for a specific case.