V3I2P4

Regulating Cross-Border Electronic Commercial Contracts in Vietnam: Legal Issues and Reform Proposals

Tong Thi Thu Trang^1*

Abstract

The expansion of cross-border electronic commerce has significantly increased the use of electronic commercial contracts, creating new opportunities for international trade while simultaneously generating complex legal challenges. This paper examines the current legal framework governing cross-border electronic commercial contracts in Vietnam, with a particular focus on issues of contract validity, conflict of laws, dispute resolution, and consumer protection. Through an analysis of relevant legislation and practical challenges, the study identifies key limitations in existing regulations, including the lack of detailed conflict-of-laws rules, ineffective dispute resolution mechanisms, and insufficient protection for consumers in cross-border transactions. Based on these findings, the paper proposes legal solutions aimed at enhancing coherence, strengthening enforcement, and improving consumer protection in the digital environment. The study seeks to contribute to the refinement of Vietnam’s legal framework and to support the sustainable development of cross-border electronic commerce.

Keywords:

Cross-border electronic commerce; electronic commercial contracts; conflict of laws; dispute resolution; consumer protection; Vietnamese lawy