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E-Tailing

Ministry wants social networks used to sell goods treated as online marketplaces

By Maria Santos
2 min read
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Social networks that enable trading of goods should be regulated like e-commerce trading platforms, a draft decree by the Ministry of Industry and Trade proposes.

It seeks to expand the scope of online marketplace regulations to include social media that allows people to create pages to sell goods, enter into contracts with customers or post articles offering goods or services for sale.

But Nguyen Quang Dong, director of the Institute for Policy Studies and Media Development, said there is no basis to treat social networks as e-commerce platforms.

They do not have physical stores or goods, or an obligation to provide support in cases of complaints or fraud, and charge fees for advertising as opposed to sales, he pointed out.

“Viewing social networks as e-commerce trading sites would be incorrect, they are closer to advertising services. It is necessary to clarify the nature of social networks, instead of trying to have overarching regulations governing everything.”

Some European countries treat social networks as digital services, a concept with a wider scope than e-commerce platforms, and allows them to collect taxes based on this definition, he added.

Another provision in this draft that raises concern among analysts is that only foreign investors considered by the ministry to be “reputable global technology companies in the field of e-commerce” will be allowed to enter the Vietnamese e-commerce market.

It will periodically publish a list of eligible companies, according to the draft decree.

Nguyen Thanh Ha, chairman of law firm SB Law, warned this would limit the entry of foreign capital.

“The definition of ‘reputable global tech company’ is ambiguous and subjective, and it is difficult to identify the standards of that qualify a company, and makes it difficult for businesses to interpret.”

Dong too said this provision is not feasible and should be deleted.

Global data firm Statista estimated Vietnam’s e-commerce market to be worth $6 billion last year and projected it to grow to around $9 billion by 2025.

Questions & Answers

Q.

What is the main proposal from the Ministry of Industry and Trade's draft decree regarding social networks?

A.

The draft decree proposes that social networks enabling the trade of goods should be regulated in the same way as e-commerce trading platforms. This would expand existing online marketplace regulations to include such platforms.

Q.

Why does one expert believe social networks should not be treated as e-commerce platforms?

A.

Nguyen Quang Dong argues social networks lack physical stores or goods and an obligation to support complaints or fraud. He also notes they charge for advertising, not sales, suggesting they are closer to advertising services.

Q.

What other provision in the draft decree is causing concern among analysts?

A.

Another provision causing concern is that only foreign investors deemed "reputable global technology companies in the field of e-commerce" by the ministry will be permitted to enter the Vietnamese e-commerce market.

Q.

What is the potential impact of the 'reputable global tech company' definition?

A.

Experts warn this definition is ambiguous and subjective, making it difficult to identify qualifying standards. This could limit the entry of foreign capital into the Vietnamese e-commerce market.

Reader pulse

Is regulating social commerce like e-commerce sensible?

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