Local Stta Legal E-commerce Expert

2 weeks ago

Hanoi, Vietnam IDG Full time

**Vietnam Digital Trade**

**SCOPE OF WORK**

**Local STTA Legal E-Commerce Expert (focused on Dispute settlement)**

**Date**: XXX February 2024

**Position**: Local STTA Legal E-Commerce Expert (focused on Dispute settlement)

**Reports to**: USAID Vietnam Digital Trade (VDT) Technical Team

**Location**: Hanoi or other provinces in Vietnam (if required)

**Eligibility**: Vietnamese Nationals

**LOE**: (STTA) 35 days

**Period of Performance**: February 2024 - March 2025

International Development Group LLC is an international development consulting firm that assists donors, governments, and the private sector to create and take advantage of opportunities for sustainable, broad-based economic development and poverty reduction. IDG provides entrepreneurs and policymakers with the practical tools needed to achieve real and measurable impact for their communities and countries. IDG assistance programs aim to build the capacity, skills, and knowledge of local individuals and institutions in the public, private, and not-for-profit sectors, fostering synergies between local knowledge and international experience.

**Project** Background**

The VDT is a two-year activity (2023-2025) addressing regulatory gaps and promoting private sector engagement in the rapidly growing digital economy. USAID VDT Activity supports the Ministry of Industry and Trade (MOIT)’s implementation of frameworks that facilitate digital trade, with an emphasis on supporting MOIT in holding public-private dialogues to ensure implementation is done in consultation with the private sector. Regulations that are responsive to private sector needs remove bottlenecks in trade faced by enterprises and increase regulatory transparency, helping to shape an e-commerce sector where enterprises of all sizes can benefit. The Activity encourages the participation of small and medium enterprises (SMEs) in digital trade by introducing new business models and other best practices, such as traceability of goods, as well as facilitating cross-border connections between enterprises via MOIT’s digital trade promotion platform.

**Activity Background**

The e-commerce market in Vietnam and globally has been experiencing constant growth in recent times. In Vietnam, the e-commerce market size was only around 4 billion USD in 2015, but it surged to 7.8 billion USD by 2018 and further reached 16.4 billion USD in 2022. The average growth rate of Vietnam's e-commerce market has been impressive, ranging from 16-30% per year. In the Southeast Asian region, Vietnam's e-commerce market is projected to hit $39 billion by 2025, securing the second position after Indonesia ($104 billion) and on par with Singapore. According to the “Digital 2022 global overview report” by We Are Social & Hootsuite, the percentage of internet users shopping weekly in Vietnam ranks 11th globally at 58.2%, matching the global average demand. This figure is higher than that of the US, Australia, France, Japan, and Germany but lower than countries like Thailand, Malaysia, Korea, China, Singapore, Philippines, India, Indonesia, and the UK.

Cross-border e-commerce in the region has been consistently growing, with an average annual increase of 41.3%, outpacing the global average of 27.4% from 2016 to 2020. Global e-commerce retail sales are anticipated to reach approximately $8.1 trillion in 2026, marking a 56% growth from $5.2 trillion in 2021. However, the landscape of cross-border e-commerce in Vietnam for exporters is relatively new and involves complex legal, procedural, and financial processes. E-commerce businesses need to equip themselves with international trade skills, market knowledge, high-quality products, and familiarity with the host country's e-commerce landscape. Participating in e-commerce transactions is an inevitable trend for Vietnamese businesses. However, current negotiations for a common legal framework for cross-border e-commerce activities have not progressed significantly, mostly taking the form of bilateral and regional negotiations on market opening (FTA negotiations). At the multilateral forum, Vietnam is still actively participating in discussion sessions on building a legal framework for cross-border e-commerce activities within the framework of WTO and UNCITRAL.

Therefore, participating in the international e-commerce market, businesses face risks of non-traditional trade challenges, particularly related to the legal frameworks governing cross-border e-commerce transactions in different countries. To address this, the Legal Department aims to assist businesses in mitigating legal risks in cross-border e-commerce transactions by:

- Leveraging the advantages of opening the e-commerce market.
- Providing necessary knowledge about e-transaction contracts, especially cross-border e-transactions, based on rules and recommendations from international organizations such as WTO and UNCITRAL, as well as regulations from economies with advanced e-commerce levels like

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