Tiếng Việt
中文Yes. E-commerce activities fall under the List of conditional investment and business sectors (Item 59, Appendix IV of the Law on Investment 2020, as amended and supplemented by Law No. 57/2024/QH15). A foreign-invested economic organization providing e-commerce services (establishing an e-commerce website to provide an environment for other traders, organizations and individuals to conduct trade promotion, sell goods or provide services) must carry out procedures for granting a Business License under Point h, Clause 1, Article 5 of Decree 09/2018/ND-CP.
1. Are e-commerce activities conditional investment and business sectors?
Yes. E-commerce activities fall under the List of conditional investment and business sectors under Appendix IV of the Law on Investment 2020 (as amended by Law 57/2024/QH15, effective from 01/01/2025). Foreign investors conducting investment and business in this sector must satisfy market access conditions and fully carry out investment procedures as prescribed. The state management function over e-commerce belongs to the Ministry of Industry and Trade (Decree 40/2025/ND-CP, effective from 01/3/2025).
Related services
Business Licenses and Conditional Business Sectors
If your business is preparing an application, amendment, business line registration or licensing review, ANT Legal can help check the file and execution path.
2. Must a foreign investor providing e-commerce services apply for a Business License?
Yes, if providing e-commerce services as legally defined. Under Point h, Clause 1, Article 5 of Decree 09/2018/ND-CP, a Business License is granted to a foreign-invested economic organization to carry out activities, including “providing e-commerce services”. Under Clause 14, Article 3 of Decree 09/2018/ND-CP, e-commerce services are commercial activities in which the service provider establishes an e-commerce website to provide an environment for other traders, organizations and individuals to conduct trade promotion, sell goods or provide services (i.e., the marketplace/intermediary platform model).
Thus, the Business License requirement is conditional: it is only imposed when a foreign-invested enterprise provides e-commerce services as defined above. Where a foreign-invested enterprise only sells its own goods on an e-commerce website it operates itself (without providing an environment for third parties), it is not required to apply for a Business License for this activity.
3. Which agency is responsible for issuing forms for investment procedures?
Under the Law on Investment 2020 and guiding documents, forms for investment procedures are issued by the Ministry of Finance (the state management agency for investment after the merger). Enterprises carry out Business License procedures at the Department of Industry and Trade where the enterprise’s head office is located, using forms issued by the Ministry of Industry and Trade.
Notes on applying current legal provisions
Decree 09/2018/ND-CP details the Law on Commerce and the Law on Foreign Trade Management regarding goods trading and activities directly related to goods trading of foreign investors and foreign-invested economic organizations in Vietnam. Enterprises should check the latest text before applying. Where it is necessary to determine whether a Business License is required, you should contact an ANT Legal lawyer at 0966.475.966.
Common risks to note
Providing e-commerce services (the marketplace model) without a Business License may result in administrative sanctions and forced termination of operations. Enterprises should clearly define their operating model before carrying out procedures.
How can ANT Legal help?
ANT Legal supports advising on market access conditions, Business License procedures and Retail Outlet Establishment Licenses for foreign investors.
For quick advice, you may contact a lawyer at 0966.475.966.
