1. What is e-commerce activity?

Pursuant to Clause 1, Article 3 of Decree No. 52/2013/ND-CP: “E-commerce activity means the conduct of part or the entirety of a commercial process by electronic means connected to the Internet, mobile telecommunications networks, or other open networks.”

Under the 2025 Law on E-Commerce, the definition of this activity is shortened and stated in a more general manner as follows: “E-commerce activity means commercial activities conducted in part or in whole in the electronic environment.” (Clause 1, Article 3).

In simpler terms, e-commerce activity refers to the buying and selling of goods, the provision of services, or other profit-generating activities carried out through online platforms such as websites, mobile applications, or social networks. This includes livestream selling and affiliate marketing, where sellers or marketers use digital platforms to introduce products, connect with customers, and facilitate transactions. These are considered among the most typical and prevalent forms of e-commerce activity at present.

2. What is livestream selling? What is affiliate marketing?

Article 3 of the 2025 Law on E-Commerce further clarifies concepts relating to livestream selling and affiliate marketing as follows:

Livestream selling: Means the activity of live and online broadcasting on an e-commerce platform to transmit content in the form of audio and images for the purpose of advertising and introducing goods and services, while allowing orders to be placed through the online ordering function available on such platform. A livestream seller is a person who directly appears on the e-commerce platform to conduct livestream selling. (Clauses 10 and 11)

Example: Shop A, which trades in cosmetics, organizes a livestream session on TikTok Shop in the evening. During the broadcast, Ms. B (an employee of the shop) directly appears on camera to introduce each product, test them on her skin, advise customers, and encourage viewers to place orders through the shopping cart attached to the livestream.

In this case, the livestream selling activity is the entire live broadcast session of Shop A on TikTok Shop, including product introduction, interaction with customers, and enabling online ordering. Meanwhile, the livestream seller is Ms. B — the person who directly appears, speaks, introduces products, and interacts with viewers during the livestream.

Affiliate marketing services in e-commerce: Means the advertising of goods or services through access links, referral codes, or similar methods linked to an e-commerce platform. There are two participating parties, including:

• Organizations or individuals providing affiliate marketing services in e-commerce: Organizations or individuals that create access links, referral codes, or similar methods linked to an e-commerce platform.
• Affiliate marketers in e-commerce: Persons who introduce goods or services on digital platforms through access links, referral codes, or similar methods created by organizations or individuals providing affiliate marketing services in e-commerce.

Example: The Shopee e-commerce platform implements an affiliate marketing program and creates separate affiliate links for each product. Mr. C, a TikToker, posts a video reviewing skincare products and attaches a purchase link provided by Shopee. Viewers click on this link and place orders on Shopee, after which Mr. C receives a commission from those orders.

In this case, the affiliate marketing service activity is the promotion of products through affiliate links and the generation of orders from such links; the organization/individual providing affiliate marketing services is Shopee — the entity creating and providing the affiliate links; while the affiliate marketer is Mr. C — the person using the link to introduce products and receive commissions.

3. Obligations of livestream sellers and affiliate marketers under the new regulations (effective from 1 July 2026)

At present, an increasing number of individuals are engaging in livestream selling and affiliate marketing due to the clear benefits these models offer. With the support of digital platforms, virtually anyone can quickly become a seller or marketer without significant initial capital. However, not everyone is fully aware of their legal responsibilities when participating in these activities. Meanwhile, understanding such obligations not only helps individuals mitigate legal risks but also contributes to building a transparent, healthy, and sustainable e-commerce environment.

3.1. Obligations of livestream sellers (effective from 1 July 2026)

Article 24 of the 2025 Law on E-Commerce provides for the obligations of livestream sellers as follows:

• To provide information to the operator of the e-commerce platform for identity verification purposes of the livestream seller.
• To comply with the livestream selling operating rules publicly disclosed on the platform during the livestream selling process.
• To refuse cooperation where the seller fails to provide the following information in full:

+ Documents evidencing satisfaction of investment and business conditions applicable to conditional business lines prior to livestream selling;

+ Documents evidencing compliance with product and goods quality requirements in accordance with the law on product and goods quality;

+ Written confirmation of advertising content for goods and services required by law to have advertising content approved.

• Not to provide false or misleading information regarding uses, origin, quality, price, promotional policies, warranties, and other contents related to goods and services.
• To comply with the advertising content approved by competent state authorities in respect of goods and services for which advertising content confirmation is required by law.
• Not to use language, images, attire, or conduct contrary to social ethics or traditional customs and practices during livestream selling.
• To cease cooperation, stop livestream broadcasting, and remove displayed information immediately upon detecting violations of law, or upon request of the seller or competent state authorities.

3.2. Obligations of affiliate marketers in e-commerce (effective from 1 July 2026)

Article 24 of the 2025 Law on E-Commerce provides that, prior to conducting affiliate marketing, affiliate marketers in e-commerce have the following obligations:

• To provide information to organizations or individuals providing affiliate marketing services for identity verification purposes;
• To refuse to conduct affiliate marketing on digital platforms publicly notified by competent state authorities as violating laws on national security, public order and social safety, or on digital platforms operating under a multi-level marketing model without a certificate of registration for multi-level sales activities;
• To refuse to conduct affiliate marketing associated with content using language, images, attire, or conduct contrary to social ethics or traditional customs and practices.

In addition, with respect to access links, referral codes, or similar methods already established, affiliate marketers in e-commerce shall undertake the following responsibilities:

• To remove links associated with unlawful goods or services or upon request of competent state authorities;
• To provide information regarding affiliate marketing activities in e-commerce upon request of state authorities responsible for e-commerce management.

Where the above obligations are violated, livestream sellers and/or affiliate marketers may bear joint liability and be subject to sanctions for various acts such as false advertising, trading in counterfeit or imitation goods, or providing incomplete information affecting consumers’ rights and interests.

It can be seen that, with the introduction of the 2025 Law on E-Commerce, livestream selling and affiliate marketing activities are no longer a “self-regulated playground” but have been placed within a clear legal framework. Accordingly, individuals participating in these activities should proactively understand and fully comply with relevant regulations in order to minimize legal risks and ensure transparent and sustainable business operations.

Phong & Partners provides comprehensive advisory services in the field of e-commerce, including legal regulations relating to livestream selling and affiliate marketing activities, with a view to ensuring clients’ compliance with applicable laws, minimizing risks, and optimizing business efficiency.

If you are considering engaging in livestream selling or affiliate marketing but have concerns regarding the relevant legal regulations, please do not hesitate to contact Phong & Partners at 02363.822.678 or hotline 0905.503.678 for timely and accurate assistance.

Learn more about the legal services of Phong & Partners at: www.phong-partners.com