Quick summary
- Livestream sales sessions are considered “circulation” activities under Clause 9 Article 3 of Decree 37/2026/ND-CP: circulation includes buying and selling on digital platforms for electronic transactions, including display, promotion, transportation, preservation, storage, and trading.
- Sellers in the live session must ensure the quality of goods under Clause 2 Article 69 (five groups of obligations) and meet the conditions of Article 34a of the Law on Product and Goods Quality (added in Clause 19, Article 1 of Law No. 78/2025/QH15).
- Sales via digital platforms: sellers and intermediary digital platform owners comply with the requirements in Article 34b of the Law through Article 70 of the Decree; The details of the obligations are in Article 34b of the Law, which must be compared directly with the Law text.
- Sellers on e-commerce platforms and platform owners are obliged to publicly disclose labels, declare goods information and store data for a minimum of 5 years (Clause 5, Clause 6 Article 41).
- Content prohibited from display on labels includes images, content related to sovereignty disputes and other sensitive content (Clause 2 Article 50); All additional content must be truthful, accurate, and not distort mandatory content (Clause 1 Article 50).
- Imported goods sold on live: medium-risk goods require a declaration of conformity, while high-risk goods must register for quality inspection upon import (Article 82, Article 83); Vietnamese labels must be added before circulation (Clause 2 Article 42).
- Traceability is required for goods with a high level of risk (Clause 1 Article 22), with minimum data set at Clause 5 Article 23.
- Seller must provide records upon request and Maintain quality records for a minimum of 03 years (Point c, Point d Clause 2 Article 69); regulatory agencies can inspect indirectly through electronic data (Point b Clause 3 Article 69, Article 88, Article 78).
- Product digital passport and electronic label (Articles 32–34, Articles 52–55) is an information disclosure tool; medium-risk and high-risk goods still require a physical label with core content (Clause 2 Article 53).
1. Why is the livestream session within the scope of Decree 37/2026/ND-CP?
Many sellers still believe that a livestream session is just “product introduction”, not “sales”, so they do not have to comply with quality and label obligations. This understanding is no longer appropriate after Decree 37/2026/ND-CP.
Clause 9, Article 3 defines: Circulation is all activities of bringing products and goods to the market, including buying and selling on digital platforms for electronic transactions, including display, promotion, transportation, preservation, storage, and buying and selling of products and goods.. The phrases “including buying and selling on digital platforms for electronic transactions” and “display and promotion” accurately cover the nature of a live sales session: products are displayed, introduced – promoted, orders are finalized, and finally delivered to the buyer.
The subjects of application in Article 2 are also very broad: The Decree applies to organizations and individuals producing and trading goods, and other organizations and individuals with activities related to the quality of products and goods, codes, barcodes, product labels, digital passports, and traceability of products and goods in Vietnam. A livestream seller in Vietnam is clearly in this group.
One point to remember about timing: The Decree takes effect from the date of signing; the old Decrees on goods quality expire from July 1, 2026; Decree 43/2017/ND-CP and Decree 111/2021/ND-CP on goods labels also expire from July 1, 2026 (Article 97). The list of products and goods with medium and high-risk levels issued by ministries will take effect from July 1, 2026 (Clause 2, Article 5).
> Practitioner’s note: A common mistake is to wait until you are “called up” to review. Because labels printed according to Decree 43/2017/ND-CP can only continue to be circulated and used until the expiration date stated on the label, labels and packaging printed according to old regulations may continue to be used for no more than 02 years from the effective date of the Decree (Article 98), sellers need to proactively plan to change labels now so as not to be passive when inventory is not sold out.
2. Five groups of legal risks of livestream sessions
Risks in a livestream session are not scattered but concentrated in five groups. Below is a summary table for quick identification, with terms, consequences and precautions.
| Risk group | Legal basis | Possible consequences | How to prevent |
|---|---|---|---|
| 1. Label and declared content are misleading | Clauses 5 and 6, Article 41; Article 42; Article 43; Article 48; Article 50 | Goods are not labeled properly and must be remedied; not considered to have complied; suspended from circulation and recalled | Compare the actual label with the livestream content; Take a photo of each SKU label; Do not mention off-label uses |
| 2. Quality of goods does not conform to declaration/regulation | Clause 1, Clause 2, Article 69 (citing Article 34a of the Law); Clause 3 Article 69 | Suspend circulation, recall, and handle violations according to law | Declaration of conformity for medium/high-risk goods; Operate the internal control system |
| 3. Violation of obligations on digital platforms | Article 70 (citing Article 34b of the Law); Clauses 5 and 6, Article 41; Point g Clause 2 Article 94 | Does not meet management requirements before circulation; products removed and violations handled | Publicize labels, declare information, share data, and store for at least 5 years |
| 4. Imported goods sold on live | Article 82; Article 83; Article 85; Article 86; Article 40; Clause 2 Article 42 | Not allowed customs clearance, not allowed to circulate; must fix the label within 05 working days | Keep documents certifying conformity; affix Vietnamese labels before circulation; Save invoices and declarations |
| 5. Traceability and electronic data | Clause 1, Article 22; Article 23; Point b, Clause 3, Article 69; Article 88; Article 91; Article 78 | Unable to prove origin; subjected to post-inspection, survey and then transferred to official inspection | Connect traceability data; save batch/serial code; Keep records for a minimum of 03 years |
The first three groups come from the seller’s own behavior during and around the live session; The following two groups relate to source of goods and supporting data. In fact, a live session that is “flagged” often falls into groups 1 and 4, because this is where the seller can easily say more than the documents they have.
> Practitioner’s note: Management agencies don’t just stand by and watch live. Point b, Clause 3, Article 69 allows indirect inspection through electronic data systems, traceability information, codes, barcodes, standard conformity certification, regulation conformity certification. Article 78 also encourages the use of AI, IoT, and blockchain to support automated post-auditing and Strengthen testing on digital platforms. That means conflicts between live statements and published data can be reconciled without having to go to the warehouse.
3. Goods quality obligations of the seller on livestream (Article 69)
Article 69 is entitled “Ensuring the quality of goods circulating on the market”. This is the most direct provision that governs live sellers.
Clause 1 sets out background requirements: goods circulating on the market must meet the conditions in Article 34a of the Law on Product and Goods Quality, added in Clause 19, Article 1 of Law No. 78/2025/QH15, before circulation. The Decree cites but does not copy the content of Article 34a, so businesses need to directly open the Law document to fully understand the conditions.
Clause 2 lists five groups of obligations of organizations and individuals selling goods:
- a) Ensure the quality of goods provided by you is consistent with announced applicable standards and corresponding technical regulations. This is the original obligation: say on live that “standard” goods are only valid when there are corresponding declaration and certification documents.
- b) Establish and operate an internal control system to maintain goods quality. Sellers need a process: importing goods, checking inputs, storing samples, comparing labels, checking inventory. A live session closing thousands of orders requires more internal control, because errors at the packaging stage will be revealed at the delivery stage.
- c) Provide records, documents and information related to goods quality when requested by competent authorities. This is the obligation to “open the safe”: failing to provide documents puts yourself at a disadvantage.
- d) Keep records and documents related to goods quality for at least 03 years from the time the goods are put into circulation, except in the case of goods with a longer shelf life, which must be stored at least equal to the shelf life.
- d) Coordinate with quality inspection agencies and market management agencies in inspecting, retrieving, and handling violations of the quality of goods circulating on the market.
Clause 3 regulates the inspection of the quality of goods in circulation in two ways: direct inspection at business establishments, warehouses, distribution points and indirect check through electronic data systems, traceability information, codes, barcodes, standard conformity certification, and regulation conformity certification. If it is discovered that the goods do not comply with announced applicable standards or corresponding technical regulations, the inspection agency will apply measures. Suspension of circulation, recall, and handling of violations.
Noteworthy point: Decree 37/2026/ND-CP does not use the terms “livestream” or “live session”; the legal nature of the seller in the live session is Sales organizations and individuals according to Clause 2, Article 69.
> Practitioner’s note: The retention obligation of at least 3 years (Point d, Clause 2, Article 69) is very easy to violate with seasonal live shops. Set up internal rules: each SKU posted live must have an “inventory file” attached – label photo, declaration of conformity, certification (if any), imported invoice. When asked by the agency, this record is the first shield.
4. Sales via digital platforms: Article 70 and who is responsible when livestreaming
Article 70, “Ensuring the quality of goods traded on digital platforms for electronic transactions”, stipulates: Organizations and individuals selling goods and managing intermediary digital platforms serving electronic transactions are responsible for implementing management requirements specified in Article 34b of the Law on Product and Goods Quality, added in Clause 19, Article 1 of Law No. 78/2025/QH15, before circulating on the market.
It is necessary to state clearly to avoid misunderstanding: Article 70 does not copy the content of Article 34b of the Law. Detailed obligations are in Article 34b of the Law. Enterprises must directly compare the Law documents, not deduce from the Decree. Decree 37/2026/ND-CP is only a bridge: it affirms that both sellers and intermediary digital platform owners must comply with Article 34b.
Besides Article 70, the Decree also “spreads” fundamental obligations in many other articles:
- Clause 5 Article 41 – Obligations of traders on e-commerce platforms in Vietnam: publicly disclose the entire content of product labels and electronic labels (if any), except for product-specific information such as year/month/date of manufacture, expiry date, production batch number, frame number, engine number; declare and update goods information accurately; and ensure that goods delivered to consumers have labels according to regulations.
- Clause 6 Article 41 – Obligations of e-commerce platform owners: ensure goods are fully declared with labeling information and publicly display labels when posted for sale; provide and share minimum data to connect to the National Database; and fully, safely and securely store product label data and documents, minimum storage period of 05 years.
- Point g Clause 2 Article 94 – The Ministry of Industry and Trade is responsible for managing intermediary digital platform owners serving electronic transactions; require these entities to display full information about goods quality and have a mechanism to screen and remove violating products.
The table below assigns responsibilities between subjects that often appear in a live session.
| Subject | Main responsibilities | Base |
|---|---|---|
| Seller (organizations and individuals directly selling via live) | Ensuring the quality of goods in accordance with declaration/regulations; internal control; provide records; keep records for a minimum of 03 years; inspection coordination | Clause 1, Clause 2, Article 69; Article 70 |
| KOL/KOC (celebrities, content creators with sales links) | If you directly sell goods, you are responsible as the seller according to Clause 2, Article 69. If you only advertise and are not the seller, the responsibility for advertising falls under other specialized laws that need to be compared. | Clause 2, Article 69 (when being a seller); other specialized laws |
| Intermediary agent/distributor | Ensuring goods meet circulation conditions; write name and address according to the correct role (Clause 4 Article 44); check codes and barcodes on goods before distribution | Article 69; Article 44; Clause 5 Article 28 |
| Owner of intermediary digital platform / platform owner | Implement the requirements in Article 34b of the Law; label disclosure; share data with the National Database; store for at least 5 years; screen and remove violating products | Article 70; Clause 6, Article 41; Point g Clause 2 Article 94 |
| Manufacturer | Labeling of goods; ensure quality before bringing to market; declare conformity for medium/high-risk goods | Article 41; Article 66; Article 42 |
| Importer | Labeling according to regulations on imported goods labels; add Vietnamese secondary labels before circulation; carry out declaration of conformity or register for quality inspection upon import | Clause 4, Article 41; Clause 2, Article 42; Article 82; Article 83 |
> Practitioner’s note: Decree 37/2026/ND-CP does not use the term “KOL/KOC”. For famous people with sales links, the correct way to determine responsibility is to ask: is this person an organization or individual selling goods or not? If so, apply Clause 2, Article 69. If you only post pure advertising content, you need to compare laws on advertising and protecting consumer rights – do not assign obligations to Decree 37 that this document does not stipulate.
5. Product labels and electronic labels in the live session: what to say and what not to say
Chapter IV (Articles 35–55) is the “heart” of the label profession. For live sellers, you need to grasp the following axes.
Three basic mandatory contents in Clause 1, Article 42: a) name of goods; b) name and address of the organization or individual responsible for the goods; c) origin of goods — plus point d for other mandatory contents according to the nature of goods in Appendix I and relevant legal regulations.
Commodity name (Article 43): the writing of the name of the goods must be the largest in size compared to other mandatory contents; and especially, the name of the goods must not mislead as to the nature, uses and ingredients of the goods. This is the “fence” against hype on live: if the label says “drinking supplement”, the seller cannot refer to it as a medicine.
Ingredients, ingredient quantities (Article 48): where the name of an ingredient is stated on the label to attract attention, the ingredient’s quantity must be recorded (point a clause 1). On live, if the seller emphasizes “there is ginseng, there is collagen, there is gold”, then that is a sign that “attracts attention” and must be associated with the announced quantity.
Technical specifications, warning information (Article 49): electrical, electronic goods, machinery and equipment must have basic technical specifications recorded; The tolerance value must comply with the regulations, and if a specific value is expressed, then must not be recorded in a way that creates an advantage for the goods themselves.
Article 50 – key provisions for the question “what to say, what not to say”:
- Clause 1: the person responsible for the goods may display codes, barcodes, standard conformity marks, regulation conformity marks, traceability data carriers and other contents (if any); but the additional content displayed must not be contrary to law and must ensure honesty and accuracy, reflect the true nature of the goods, and not obscure or falsify mandatory content on the label.
- Clause 2: Product labels must not display images, content related to sovereignty disputes and other sensitive content that can affect security, politics, economics, society, diplomatic relations and fine customs of Vietnam.
The table below translates the above requirements into speaking situations during a live session.
| Content is allowed | Content not to say / that poses risks | Base |
|---|---|---|
| The product name is exactly like the label; Origin, manufacturer, importer are exactly as announced | Misrepresenting the nature and uses; Changing the name causes misunderstanding that the product is of a different type | Article 42; Article 43 |
| Ingredients and ingredient quantities are in accordance with published records | “Upgrading” ingredients, adding ingredients not on the label; Emphasizes ingredients but no quantification | Article 48 |
| Technical specifications, warnings, instructions for correct use on the label | Ignore safety warnings; Incorrect instructions on how to use | Article 49 |
| Batch number, barcode, QR code for traceability (if any) | Using standard and regulation conformity marks when they have not been announced/certified; Scratching labels and covering mandatory content when broadcast | Clause 1 Article 50 |
| Announcement of warnings and conformity assessment results (if any) | Asserting “qualified” or “tested” without evidence; saying the goods have been declared conformable when they have not been declared | Clause 2, Article 69; Article 66 |
| Neutral information about the product, describing uses according to the label | Images, content related to sovereignty disputes and other sensitive content | Clause 2 Article 50 |
| Promotions and incentives within the framework of the law | stating medicinal uses or substitute medicine when the label does not say so | Article 43; Article 49 |
Electronic label (Articles 52–55) is an important new point. Clause 1, Article 52 allows the person responsible for labeling to use electronic labels to represent part or all of the required content, except for the cases specified in Clause 2, Article 42 and cases where specialized laws require physical labeling. Clause 6, Article 52 requires ensuring accessibility and providing full electronic labeling content to consumers. immediately upon choosing to purchase. Clause 7, Article 52 stipulates: when a product is recalled according to a decision of a competent authority, the electronic label must display the warning content.
Clause 2, Article 53 is a key safeguard: with goods medium-risk level, high-risk level, the person responsible must show on the physical label the following contents: name of goods; name and address of responsible organization or individual; origin (or place of final processing); and warning information. In other words, electronic labels cannot replace physical labels in the risky goods group. Clause 3, Article 53 requires archiving of all published electronic label content a minimum of 12 months from the time the product expires.
The product’s digital passport is specified in Articles 32–34. Clause 1, Article 32 lists the minimum content: product name and GTIN; name, address, identification code of manufacturing, importing and trading organizations and individuals; origin/place of final processing; traceability information; Certificate of conformity to standards, regulations, quality certification (if any); date of manufacture, expiry date (if any); Safety warnings (if any). Clauses 3 and 4, Article 32 allow businesses to decide on electronic labeling, and use digital passports to replace electronic labels if the content is complete. Clause 2, Article 34 forces businesses to fully comply with legal regulations on product labels, digital passports and be responsible before the law for published information.
> Practitioner’s note: Don’t turn electronic labels into a “back door” to reduce physical labels. For medium-risk and high-risk goods, the name of the goods, the name and address of the responsible organization, origin and warnings must still be on the physical label (Clause 2, Article 53). On live, instruct viewers to scan the code for complete lookup, but do not let that be a reason for the product to be delivered without a label.
6. Imported goods sold on live and traceable to origin
With imported goods sold via livestream, there are two areas that need to be controlled: import inspection and labels – traceability.
Regarding import inspection:
- Article 82 distinguishes between two levels. Imported goods are in the medium-risk list; before being put into circulation, the importer does not need to check quality on import but must declare conformity in accordance with corresponding national technical regulations (clause 1). Goods in the high-risk category must register for quality inspection according to Article 83 (clause 2).
- Article 83 regulates the order, procedures and registration documents for inspection. The dossier includes: inspection registration according to Form No. 1, Appendix VII; Certificate of conformity issued by a designated conformity assessment organization; photo or description of product characteristics with main label content; secondary label sample (if the main label does not have enough content). If the dossier is incomplete, the importer is required to supplement it 07 working days. If the profile is complete but does not meet label requirements, the importer must fix it within the time limit no more than 05 working days; Only when there is evidence of remediation will the inspection agency issue a notice that the shipment meets quality requirements.
- Article 86 regulates exemption from or reduction of of quality inspection of high-risk goods. The reduced inspection regime applies when goods have the same name, use, brand, type, technical characteristics, production facility and origin, are imported by the same organization or individual, and have 03 consecutive imports with a notice of meeting quality requirements; The deadline for applying the reduced inspection regime is 02 years. Article 86 also stipulates that medium-risk goods that have been declared conformable for the previous batch do not have to be declared again when the next batch has the same name, use, brand, type, technical characteristics, manufacturing facility and origin.
- Article 85 regulates the handling of violations during the inspection of high-risk goods; Article 84 regulates increasing the frequency of inspection when goods have been exempted or reduced but when inspected for circulation are not suitable, or originate from countries or territories on the warning list, or the importer has a history of repeated violations.
Regarding imported goods labels: Clause 2, Article 42 requires that the original label of imported goods must display on physical labels the following contents: the name of the goods, origin, and full name or abbreviated name and address of the organization or individual producing or responsible abroad when carrying out customs clearance procedures; at the same time before putting goods into circulation in the Vietnamese market, the importer must supplement the goods label written in Vietnamese according to Clause 1, Article 42. Article 40 stipulates that secondary labels: attached to goods or commercial packaging, do not obscure the mandatory content of the original label, can be shown by electronic labels but must keep the original label and give clear instructions for consumers to recognize.
Regarding traceability (Articles 21–23):
- Article 22.1: for products and goods with a high level of risk, traceability is mandatory. Ministries managing industries and fields issue a list of high-risk goods and a roadmap for mandatory application of traceability (clause 2). Goods that are not mandatory can be selected for implementation (clause 5).
- Article 23 regulates system principles (data sharing, availability of key data elements, transparency, full participation of parties); Use product tracking codes, location tracking codes in accordance with TCVN 13274 and data carriers in accordance with TCVN 13275. Minimum data set at Clause 5 Article 23 includes: product and commodity names; image; name of production and business unit; Address; origin; key monitoring events and timing; brand, mark, lot/batch or serial number; expiry; applicable standards and regulations.
- Article 23.8 identifies traceability data connected and shared with the National Product and Goods Traceability Information Portal for high-risk goods in the mandatory list, or when organizations or individuals register for voluntary connection.
- Article 21 encourages the application of codes and barcodes in quality management and traceability.
> Practitioner’s note: For imported goods sold live, three types of documents need to be kept in parallel: Certificate of conformity, import invoice and Vietnamese secondary label sample. Point b, Clause 3, Article 69 allows management agencies to indirectly inspect through certification of conformity; If you cannot present it, the agency has the right to switch to direct inspection and sample collection. Traceability is not just a technical requirement — it is a way to prove “authentic products, correct source” to buyers and to regulatory agencies.
7. Check the market, check via electronic data and 12-point checklist for the live session
Market inspection framework located in Articles 88–93. Inspection grounds (Clause 1, Article 88) include annual inspection plans based on quality situation, unexpected direction, data on risk levels, traceability information, codes, barcodes, certification of standards and regulations, and data from quality management systems connected to state management agencies. Inspection content (Clause 2, Article 88) includes: checking compliance with legal requirements on quality; if there are any signs of non-compliance then sampling and testing; and with high-risk goods sampling periodically or unexpectedly. The order in Article 89 includes announcing the inspection decision; collecting, reviewing and evaluating information, records and data; preparing inspection records and processing results. Article 90 places responsibility on producers and traders: when detecting unsuitable goods or potentially causing risks, they must process and recall them and comply with the requirements of competent state management agencies.
Parallel is channel survey (Article 91, Article 92): survey is conducted independently, does not carry out inspection, examination or sanctioning of administrative violations, but the survey results (random sampling, comparison of label and barcode information, traceability) are used to warn of risks and serve as a basis for competent authorities to organize focused inspections and post-inspections.
The 12-point checklist below collects what needs to be done in three stages of a live session.
| # | Phase | Things to do | Evidence needs to be saved |
|---|---|---|---|
| 1 | Before live | Determine the risk group of each SKU (low/medium/high) | List and documents announcing conformity with regulations |
| 2 | Before live | Compare the actual label content with what will be said on live | Photo of main label, sub-label in Vietnamese |
| 3 | Before live | Check if the standard/regulation conformity certificate is still valid | Certification and publication records |
| 4 | Before live | Prepare what you say: only say what’s on the label, don’t make promises beyond the record | Live script approved |
| 5 | In live | Do not cover or scratch the label when filming; display the correct products for sale | Live session video, screenshots |
| 6 | In live | No mention of medicinal uses, no “upgrading” of ingredients | Live session video (recording) |
| 7 | In live | Do not use images, sensitive content, or copyright disputes | Live session video (recording) |
| 8 | In live | Fully disclose label content when posting for sale on the platform | Photo of the for sale page |
| 9 | After live | Ensure goods delivered to buyers have the correct labels | Photo of the package before sending |
| 10 | After live | Save import invoices, declarations, and source documents | Invoices, customs declarations |
| 11 | After live | Keep quality records for at least 03 years (or equal to expiration date) | Digital file warehouse + hard copy |
| 12 | After live | Update traceability data, batch/serial codes | Data retrieval, QR code |
Detailed checklist that can be used immediately, with notes and evidence:
1. Create a live SKU list and clearly state the risk group of each SKU. Evidence: internal list, comparing the risk list issued by the industry management ministry (Article 5).
2. Review the label of each SKU according to Chapter IV and Appendix I. Evidence: Physical label photo, Vietnamese secondary label photo for imported goods.
3. Check documents announcing conformity/certification with medium-risk and high-risk goods. Evidence: The declaration of conformity and the certificate of conformity are still valid.
4. Confirm source of imported goods procedure has been completed. Evidence: Import invoices, customs declarations, certificates of conformity, secondary label samples.
5. Review the live speech script according to the table “allowed to speak – not allowed to speak”. Evidence: The script has an internal approval mark.
6. Check standard conformity marks, regulation conformity marks, codes and barcodes before using in promotional photos and in live sessions. Evidence: application for registration of codes and barcodes; Certification documents are allowed to use stamps.
7. Configure recording and capturing during live sessions: bright enough, label visible, not obscuring required content. Evidence: Video recordings of live sessions are kept at a minimum according to internal regulations.
8. Publicize label content when posting for sale on e-commerce platform. Evidence: Photos of sale listing pages, photos of goods information declaration (Clause 5, Article 41).
9. Check the packaging and delivery stage: goods released from warehouse must have labels according to regulations. Evidence: package photos, packaging inspection records.
10. Connect and update traceability data with lot/serial code. Evidence: data on the retrieval system; QR code/data carrier (Clause 5, Article 23).
11. Set up a quality record warehouse with a minimum storage period of 03 years, or equal to the shelf life if longer (point d, clause 2, Article 69).
12. Assign a focal point for coordination with inspection agencies and market management agencies upon request (point d, clause 2, Article 69), and the recall process when detecting non-conforming goods (Article 90).
> Practitioner’s note: Don’t just save records when “there’s a change”. Point d, Clause 2, Article 69 sets the obligation to retain records continuously; The platform owner must retain it for at least 5 years (point c, clause 6, Article 41). Let’s standardize saving as a process: each live session = a folder of records (videos, label images, invoices, SKU list). When tested, you just need to open the correct folder.
8. Read next in the series of articles about Decree 37/2026/ND-CP
- Decree 37/2026/ND-CP: overview of 8 chapters, 99 articles, 7 appendices and 16 forms — “backbone” article to grasp the layout of the entire text before going into each article.
- Appendix I of Decree 37/2026/ND-CP: lookup table of 69 groups of goods and the mandatory content on labels — tool to know what each SKU must include on the label.
- Appointing a conformity assessment organization under Decree 37/2026/ND-CP: conditions, documents and procedures: conditions, documents and procedures — for businesses that need to understand who is granted a certificate of conformity for goods.
- What must e-commerce platform owners do to avoid being held responsible? — lawyer’s corner on the obligations of platform owners under Article 70 and Clause 6 of Article 41.
The article was prepared according to Decree 37/2026/ND-CP provided by the enterprise; Code number, date of issuance and validity apply according to the official announcement document. The content is for technical reference only and does not replace legal advice for each specific case.
Conclusion
A livestream sales session is not a legal “gray area”. In essence, live sellers are still organizations and individuals selling goods according to Article 69 of Decree 37/2026/ND-CP, with five groups of obligations: ensuring goods conform to announced applicable standards and corresponding technical regulations; maintain an internal control system; provide documents when requested by competent authorities; keep records for a minimum of 03 years; and coordinate inspection, retrieval, and handling of violations. The difference of livestream is not in the obligation, but in the speed: thousands of people watch at the same time, the content said is almost impossible to recall, and any discrepancies in labels, certification or origin are recorded by the live session video itself.
Article 41, Clause 5 and Clause 6 impose a disclosure obligation on both sides: traders on e-commerce platforms must publicly disclose all content of product labels and electronic labels (if any), declare and accurately update goods information, and ensure that goods delivered to consumers have the correct label; Platform owners must ensure that goods are fully declared with labeling information, publicly display labels when posted for sale, and share minimum data with the National Database on standards, measurement, and quality. Article 70 reiterates the management requirements in Article 34b of the Law on Product and Goods Quality; The detailed content of this law needs to be compared directly with the Law text, because the Decree does not copy it.
The content said and not said on live also has a clear basis. Clause 1, Article 50 allows additional codes, barcodes, standard conformity marks, regulation conformity marks, traceability data carriers and other content to be displayed – but must not be illegal, must be truthful, accurate, and must not obscure or falsify mandatory content on the label. Clause 2, Article 50 prohibits the display of images and content related to sovereignty disputes and other sensitive content. With livestream, these are the two most common risks: overstating the use, certification that does not exist or has expired, and accidentally including prohibited content in the frame.
Experience in handling cases related to sales via platforms shows that the most effective way to prevent is not to say less, but to prepare in advance: each SKU posted live has a label photo in accordance with Appendix I, has a valid declaration of conformity (for goods subject to declaration), has proof of origin and import records if it is imported goods, and the live script only says content with comparable documents. Saving the live session video and photos of the booth at the time of sale is the cheapest way to prove that you have disclosed the correct information when inspection agencies work under Articles 88–Article 93.
References
The text below is the basis of the article; Readers should look up the official version on the Government Electronic Information Portal (vanban.chinhphu.gov.vn) and the Electronic Information Portal of the Ministry of Science and Technology (most.gov.vn).
- Decree No. 37/2026/ND-CP dated January 23, 2026 of the Government detailing a number of articles and measures to organize and guide the implementation of the Law on Product and Goods Quality — Article 2 (subjects of application); Article 3 (explanation of terms: physical labels, electronic labels, data carriers, secondary labels, commercial packaging); Articles 21–23 (traceability); Article 28 (responsibilities of organizations and individuals using codes and barcodes); Articles 32–34 (product digital passports, electronic labels and responsibilities of organizations and individuals); Article 35 (scope of application, exclusion on labeling); Articles 39–52 (language, secondary labels, labeling responsibilities, mandatory contents, product names, production and expiry dates, ingredients, technical specifications and warnings, other contents shown on labels, electronic labels); Articles 66–70 (ensuring quality in production, import, circulation and on digital platforms; Article 69 regulates obligations of organizations and individuals selling goods); Articles 82–86 (quality inspection of imported goods); Articles 88–93 (inspecting the quality of goods circulating on the market, quality surveys and application of digital technology); Articles 97–98 (entry into force and transitional provisions).
- Law on Product and Goods Quality No. 05/2007/QH12, amended and supplemented by Law No. 78/2025/QH15 — Article 34a (conditions for goods circulating on the market), Article 34b (ensuring the quality of goods traded on digital platforms for electronic transactions), supplemented in Clause 19, Article 1.
- Decree No. 43/2017/ND-CP and Decree No. 111/2021/ND-CP on goods labels — expire according to Article 97 of Decree 37/2026/ND-CP; The use of printed labels and packaging shall comply with the transitional regulations in Article 98 of Decree 37/2026/ND-CP.
- Related articles on ticforall.com: Decree 37/2026/ND-CP: overview of 8 chapters, 99 articles, 7 appendices and 16 forms; Appendix I of Decree 37/2026/ND-CP: lookup table of 69 groups of goods; Selling on Shopee, Lazada and TikTok Shop: quality obligations for online sellers under Decree 37/2026/ND-CP.
Discuss with us
This article is our interpretation to disseminate legal knowledge about goods quality in sales activities via livestream and digital platforms, not a legal document. The content is restated according to Decree 37/2026/ND-CP that we have at the time of writing; Legal documents may be amended, supplemented, replaced or abolished after the time the article is published. As for the management requirements in Article 34b of the Law on Product and Goods Quality (added in Clause 19, Article 1 of Law No. 78/2025/QH15) that Article 70 of the Decree references, readers need to look up the Law text directly to get the full content. Determining the responsibilities of sellers, product introducers and platform owners also depends on the actual role in each sales session and the profile of each product; Before applying to a specific case, readers need to look up the current document on official information portals and consult with competent authorities. The content of the article is for reference only and does not replace legal advice.
