If you operate a website or app that lets other merchants sell — that is an “e-commerce trading floor” and Vietnamese law requires registration with the Ministry of Industry and Trade (MOIT). Since 1 July 2026, the E-Commerce Law 122/2025/QH15 — Vietnam’s first dedicated e-commerce statute — together with Decree 248/2026/ND-CP has fully replaced the old framework (Decrees 52/2013 and 85/2021). This article explains marketplace registration under the new regime.
1. Current legal framework
- E-Commerce Law 122/2025/QH15 (effective 1/7/2026) — the first dedicated e-commerce law;
- Decree 248/2026/ND-CP (effective 1/7/2026) — implementing the E-Commerce Law; replaces Decrees 52/2013/ND-CP and 85/2021/ND-CP;
- Decree 98/2020/ND-CP (amended by Decrees 17/2022 and 24/2025) — administrative penalties in commercial activities, including e-commerce.
Note: do not cite Decrees 52/2013 or 85/2021 as current law — both have been replaced.
2. Which e-commerce marketplaces must register?
An e-commerce trading floor is a website or application providing e-commerce services that allows other traders, organizations, or individuals to conduct commercial activities on it. Tell-tale signs: your platform hosts multiple independent sellers, and you charge service fees/commissions or provide transaction tools to them.
If the website only sells your own goods or services — that is a sales website, subject only to a lighter notification procedure with the provincial People’s Committee under the new framework. The two procedures are completely different.
3. Registration procedure with the MOIT
Under Law 122/2025 and Decree 248/2026, organizations and individuals establishing an e-commerce trading floor must register with the MOIT. Key points:
- Filing channel: online via the MOIT’s E-Commerce Activity Management Portal;
- Dossier and process: follow the detailed rules in Decree 248/2026 — check the original decree text to prepare the correct dossier components and forms;
- Processing time: as prescribed in Decree 248/2026 — track dossier status on the portal to supplement promptly when requested.
4. Post-registration obligations
Registration is not the end of compliance. Marketplaces must maintain:
- Information disclosure: publish information about the platform owner, operating rules, and policies for sellers and buyers;
- Seller management: verify information of traders, organizations, and individuals selling on the platform;
- Complaint mechanism: receive and resolve complaints and disputes between transacting parties;
- Periodic reporting to regulators as prescribed.
5. Penalties: operating an unregistered marketplace
Establishing an e-commerce trading floor without MOIT registration is an administrative violation, punishable under Decree 98/2020/ND-CP (as amended). Beyond fines, remedial measures such as compulsory registration may be imposed.
6. Transition grace period for dossiers under the old framework
Marketplaces registered under the old framework (Decree 52/2013) enjoy a transition grace period until 30 June 2027 to convert to the new framework. Operators should proactively review existing dossiers and convert early rather than waiting until the deadline.
FAQ
Q: Our company’s sales app hosts 20 partner stores — must we register as a marketplace?
A: It shows signs of an e-commerce trading floor (allowing other traders to sell on your platform). You need MOIT registration rather than a simple sales-website notification.
Q: Where do we file marketplace registration?
A: Online via the MOIT’s E-Commerce Activity Management Portal under Law 122/2025 and Decree 248/2026.
Q: Our website only sells our own products — what applies?
A: That is a sales website — subject to a notification procedure with the provincial People’s Committee (not MOIT registration).
Q: Must marketplaces registered under Decree 52/2013 re-register?
A: They enjoy a transition grace period until 30/6/2027. Early conversion is advisable.
Q: What are the penalties for an unregistered marketplace?
A: Administrative penalties under Decree 98/2020/ND-CP apply, per the rules in force at the time of sanctioning.
Sources
- E-Commerce Law 122/2025/QH15 (effective 1/7/2026);
- Decree 248/2026/ND-CP (effective 1/7/2026) — implementing the E-Commerce Law, replacing Decrees 52/2013 and 85/2021;
- Decree 98/2020/ND-CP (amended by Decrees 17/2022 and 24/2025) — administrative penalties in commerce/e-commerce.
See also: Investment Registration Certificate (IRC) for foreign investors | FLAT Law Firm
Contact us
FLAT Law Firm advises on e-commerce compliance in Vietnam: marketplace registration, sales-website notification, drafting platform operating rules and dispute-resolution mechanisms. Contact: contact us.
This article is for general information only and does not constitute legal advice for your specific situation.
Transparency note: This article was quality-checked (QA) by the editorial team with the support of the AI Legal Council; it has not been reviewed or approved by a licensed attorney.
