Many Vietnamese businesses sell electronic goods to Europe through Amazon, eBay or other B2C platforms and believe that the platform is the legally responsible party. In fact, it’s the opposite: selling through the floor don’t lose it regulatory obligations, but only changes the way market surveillance agencies and business inspection floors are inspected.
If the item does not have a valid CE mark, no declaration of conformity, and no responsible person in the EU, the outcome usually comes in three steps: the posting is removed, the item is held in the exchange’s warehouse, and the account is placed under control. This article outlines the RoHS obligations in the context of online sales and the minimum set of documents that should be in place for each product code.
1. Why does “selling through the exchange” not replace the obligation to conform?
RoHS obligations are associated with bringing electrical and electronic equipment to the EU market. The person who puts a product on the market under his or her brand name is responsible, regardless of whether the product is sold through a store, through a distributor, or through an online platform.
E-commerce platforms have their own role, regulated in the EU’s market surveillance framework: when requested by authorities, the platform must coordinate and may have to remove posts. But the floor does not sign a declaration of conformity on behalf of the business nor does it take responsibility before the law on behalf of the business.
2. When selling through an exchange, who is the “manufacturer” according to the law?
| Sales situation | Legal role | Main obligation |
|---|---|---|
| Vietnamese businesses sell products under their own brands and deliver goods to EU customers | Considered a manufacturer in the sense of bringing products to market | Conformity assessment, declaration of conformity, CE marking, technical documents, responsible company information in the EU |
| Vietnamese enterprises producing for EU brands (OEM/ODM) | The contract manufacturer, not the party responsible for final compliance | Provide material data, test reports, commit to not change the structure |
| Vietnamese businesses resell products from other brands (resellers) | Distributor; If you name your own brand, you will become a manufacturer | Check goods with CE marking and conformity documents; Do not edit the label yourself |
| Selling inventory and liquidation goods of unknown source | The party that brings the product to market | Must have conformity documents like new goods; “inventory” is not exempt |
3. Responsible person in the EU: a must-understand concept
The EU legal framework requires products circulating on the market to have a responsible party located in the EU: the importer, authorized representative or order fulfillment service provider. For products sold online, this responsible party’s information must be published on the product post.
For consumer goods, this requirement is also reinforced by the EU’s general product safety regulations, which apply to products sold online from abroad. In other words, sending goods directly from Vietnam to EU consumers does not create a “liability zone”.
4. What does the floor require before listing for sale?
In the electronic product group, large exchanges often require businesses to declare and upload regulatory documents before posts are fully displayed. Requirements may vary between exchanges and change over time, but usually include:
- Regulatory documents For each product code: declaration of conformity, test report, related technical documents.
- Information on the manufacturer and responsible person in the EU: name, contact address posted on the post.
- Labels and instructions: product label images, instruction documents in market-appropriate language.
- Classification declaration: to which group the product belongs, whether additional certification is required (e.g. radio equipment, medical equipment).
Business points are often passive: the platform may request additional documents after the post has run, and the response time is usually very short. Preparing your profile in advance is the only way to avoid having your post removed.
5. Minimum set of documents for each product code
| Documents | Why is it necessary? | Note the fact |
|---|---|---|
| Material test report | Prove the concentration of restricted substances for each homogeneous material | Must be associated with the correct product code and structural version; The report of a representative sample should include an explanation of the scope of application |
| Declaration of Conformity (DoC) | Signed legal document clearly stating the applicable Directive | Signed by an authorized person of the responsible party; Do not copy the test report |
| Technical profile | Prove the basis of the declaration of conformity when requested | There should be a product description, bill of materials, and supplier documents |
| Photo of label and CE mark | Supervisory authority and visual inspection floor | Clearly capture the location of the CE mark, manufacturer name, product code, and import information |
| Responsible house information in the EU | Requires disclosure on posts and products | Need a clear contract or authorization with the signing party |
| Complaint handling process | Product safety framework requirements | Clearly state the focal point, response deadline, and recall method if necessary |
6. Six steps to build a profile for a post
- Identify roles: Are you a manufacturer, importer or reseller for this product in the EU?
- Identify who is responsible in the EU: Select the importer or authorized representative and sign the authorization document.
- Create material data by product code: Disassemble uniform materials, collect declarations from suppliers.
- Test the risk part: Prioritize welds, plating, soft plastics, cable sheaths — places where excess risk is concentrated.
- Prepare declaration of conformity and technical documents: signed, dated, stating Directive 2011/65/EU and applicable amendments.
- Prepare document packages to upload to the platform: Name the file according to the product code, keep the original signed copy and PDF copy for quick sending when requested.
7. Five common risks when selling through the exchange
| Risk | Expression | How to room |
|---|---|---|
| The post was automatically removed | Messages requesting regulatory documents within a short period of time | Keep documentation packages available for each product code |
| Use the same declaration of conformity for multiple product codes | One document records many different product codes and configurations | Declared according to each configuration brought to market |
| There is no responsible house in the EU | The post lacks information about the responsible party | Sign authorization with the importer or representative |
| The CE label is printed in the wrong position or has missing information | Goods are detained during inspection at the warehouse floor | Print labels according to the sample checked before production |
| Inventory has no records | Unable to prove compliance when required by the exchange | Only post for sale when complete documents are available |
8. Frequently asked questions
Do I need CE marking when selling goods through the exchange from Vietnam?
Yes, if the product is covered by a Directive that requires CE marking, including RoHS. Selling through an exchange does not change this requirement.
If the exchange itself takes care of the procedures, will the business be exempted?
No. The floor is responsible for coordinating and can support the procedure, but the responsibility for compliance lies with the party bringing the product to market — that is, the enterprise or importer in whose name it is.
Can supplier test reports be reused?
Yes if the report is consistent with the current structure, has the right materials, and has all the necessary substances. There should be written confirmation from the supplier that the product has not changed in texture after the test date.
Do I need documents for display products or samples to send to customers?
Samples sent to customers are not normally considered to be placed on the market, but if the batch is subsequently sold to EU consumers, records are required. The safe way is to process the application right from the time the sample is finalized.
The floor requires documents within 3 days, what should I do first?
Prepare the document package in advance according to the product code and save it as a PDF that can be sent immediately. Most businesses lose weeks not because of lack of data, but because data is scattered across many departments.
9. Conclusion
Selling electronic goods to Europe through the exchange is a sales channel, not a legal shield. Businesses must still have material data, test reports, declarations of conformity and a responsible party in the EU.
Three things to do before the peak season: prepare a package of documents for each product code; Sign authorization with the importer or representative in the EU; and review the labels, instructions, and contact information on the post. These three things are a lot cheaper than having your post removed mid-season.
References
- Directive 2011/65/EU and amending documents (conformity obligations, CE marking, declaration of conformity).
- Regulation (EU) 2019/1020 on market surveillance and product conformity (responsibilities of parties in the sequence, role of online platforms).
- The EU’s general product safety regulations apply to products placed on the market, including sold online.
- Policies and instructions for sellers of e-commerce platforms on compliance documents for electronic goods.
Related articles
- CE marking for electronics: RoHS, EMC, LVD — and why WEEE is a different story
- 7 errors caused electronic shipments to be detained at EU border gates because of RoHS
- What is RoHS? Complete guide to Directive 2011/65/EU and its 10 restricted substances
- Is there “RoHS certification”? Distinguish between test report – certificate – declaration of conformity
- RoHS technical records according to EN IEC 63000: what must businesses save and submit?
- Declaration of conformity (DoC) and CE marking for RoHS: who signs, for which products, what if it’s wrong?
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Disclaimer
This article is an interpretive content compiled by us; not legal advice. Enterprises need to compare relevant documents/standards verbatim before applying them to specific products.
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