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Vietnam sets clearer licensing rules for foreign-invested e-commerce
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- Vietnam has issued Decree No. 342/2026/ND-CP, clarifying licensing and market access rules for foreign-invested trading and e-commerce businesses.
- The decree covers intermediary and integrated e-commerce platforms and social networks engaged in e-commerce.
- Provincial People’s Committees will handle licensing, while investors must meet treaty, tax, security and sector-specific requirements.
Vietnam has issued Decree No. 342/2026/ND-CP to define rules for goods trading and related activities by foreign investors and foreign-invested economic organisations, giving overseas-backed trading and e-commerce operators clearer licensing conditions in the market.
The decree details parts of the Law on Commerce and the Law on Foreign Trade Management and sets conditions for the issuance of business licences. For foreign-invested trading and marketplace operators, it clarifies both the types of activities that may require approval and the authorities responsible for licence administration.
The Government said in the decree that foreign-invested economic organisations handling goods subject to export licensing or other conditions must obtain the relevant licence or fully meet the requirements set by law.
Local media outlets reported that activities eligible for business licences include the management and operation of intermediary e-commerce platforms, social networks engaged in e-commerce and integrated e-commerce platforms.
For foreign investors from countries or territories that have international treaties with Vietnam containing market-opening commitments for goods trading and directly related activities, the decree requires them to comply with the market access conditions set out in the relevant treaty selected by the investor in accordance with investment law. These conditions must continue to be met throughout the investor’s business operations in Vietnam.
Where an economic organisation has been established in Vietnam for at least one year as of the date of application submission, the investor must have no overdue tax debts.
Foreign investors from countries or territories that are not parties to international treaties with Vietnam must meet the stated rules, comply with relevant specialised laws and be assessed for compatibility with the competitiveness of domestic enterprises operating in the same field during the one year before the application is submitted.
The decree also sets rules for investors in services that are not covered by Vietnam’s market-opening commitments under international treaties.
Licensing authority will rest with the provincial-level People’s Committee where the foreign-invested economic organisation is headquartered. The authority will be responsible for issuing, reissuing, adjusting and revoking business licences.
The licensing authority must also seek opinions from the Ministry of Public Security and the Ministry of National Defence on national security matters in specific cases.
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