The draft Law on E-Commerce is being discussed by the National Assembly and is expected to be passed at the end of the 10th session of the 15th National Assembly. During discussions, one of the issues receiving much attention from deputies is the protection of children’s rights and safety on today’s online platforms.
When children live stream to sell goods
Recently, children have appeared frequently in live stream sales sessions on social media and e-commerce platforms. Some directly introduce products and close orders; others are used as “attention-grabbing figures” to increase interaction. This phenomenon has developed rapidly but is largely spontaneous and lacks a comprehensive legal framework.
More worryingly, many children are drawn into commercial activities — even forms of labour for money — without the awareness and self-protection skills needed.
According to Lieutenant Colonel Nguyen Hoang Ha, Deputy Head of the Criminal Police Division of Hai Phong City Police, live stream selling involving children may seem harmless. Some parents even consider it a way to build confidence or allow children to experience business. However, behind these live streams lie numerous risks that silently threaten children’s development: being drawn into a highly pressured online business environment that exceeds their psychological capacity and awareness. Many children suffer stress, sleep deprivation, and academic distraction due to live stream schedules imposed by adults.
The public exposure of images, voices, habits and home locations makes children vulnerable to privacy violations or even targets of harassment and online threats. Many live stream clips featuring children have been cut, edited, or subjected to offensive comments, causing emotional harm.
Some live stream content also shows signs of legal violations, such as: children engaging in activities with labour-like characteristics or being excessively commercialised; false advertising under adult instruction; selling products of unclear origin; or live stream sellers operating without business registration or tax declaration. These acts not only harm children but also pose legal risks for parents and those behind the live stream sessions.
Regarding this issue, Nguyen Thi Viet Nga from the Hai Phong Delegation of National Assembly deputies said live stream selling is no longer merely a commercial activity but has become an entertainment format drawing large audiences, including children and teenagers. Access to live streams is extremely easy for all ages; many children are highly proficient, interact actively, and even make purchases. However, the draft law still lacks specific provisions to protect this vulnerable group when participating in live stream sales.
Currently, around 70% of children under 15 are continuously exposed to personalised advertisements for toys, games, and fast food; 45% of children aged 13 to 17 spend more than 500,000 VND each month on e-commerce platforms, with 65% of their purchases driven by AI recommendations. Promotional tactics such as shock discounts, flash sales, countdown timers, and “friends have bought this” prompts encourage heavy spending, yet 80% of children cannot distinguish AI-generated suggestions, and 95% of their accounts are publicly visible. This situation reflects the failure of platforms to implement default safety-by-design, resulting in uncontrolled spending by children and their families.
(Source: UNICEF Viet Nam and Viet Nam E-Commerce Association)
To protect children in live stream activities, Viet Nga proposed adding rules for e-commerce platforms; controlling and classifying live stream content by age; and displaying warnings for sensitive, dangerous, or inappropriate content. When live streams contain content inconsistent with cultural norms, legal regulations, or pose harm to children, there must be reporting mechanisms and coordination between platforms and authorities to promptly remove them.
Some deputies also suggested clearly defining the responsibility of e-commerce platform operators in live stream sales, especially regarding children. They also recommended requiring platforms to store all live stream images and audio for at least one year from the start of broadcasting.
Clear regulations on the identity of live streamers
Commenting on live stream sales, several National Assembly deputies noted that most live stream sellers are women, including children. Thus, the draft Law on E-Commerce should specify regulations concerning the identity of live streamers, including provisions protecting children participating in such activities. This will help prevent and remove violative content, display warnings for risky goods and services, store image and audio data, and ensure proper management and guidance for both consumers and those participating on the platform. The draft law also clearly defines the responsibilities of live streamers and sellers to ensure safety, transparency and protection of consumers.
Alongside measures to protect children’s rights and safety on e-commerce platforms, deputies raised concerns that Vietnamese e-commerce data is currently stored and processed overseas. User data, consumer behaviour, and payment patterns represent valuable resources with strategic significance for economic security. Moreover, transactions on foreign platforms are difficult to monitor for cash flow and tax obligations, potentially leading to state revenue losses and disadvantages for domestic enterprises.
To ensure that children participating in online sales do not violate the law, Lieutenant Colonel Nguyen Hoang Ha stated that families play a crucial role in understanding the boundaries. Specifically, children may appear in live streams at an appropriate level for experience, introducing age-related products, with short duration and completely voluntarily. Under no circumstance should children be pressured about sales performance or used as tools for income generation.
All purchase transactions, price quotations, and customer interactions must be carried out directly by adults. Parents should monitor comments and even use keyword-filtering tools to prevent children from encountering harmful content. They should also guide children on digital skills and online self-protection.
Management agencies need clear regulations on the use of children’s images in live streams, advertisements, and e-commerce activities. Social media platforms must proactively detect, warn, and handle content exploiting children for increased engagement. The community must also join hands in protecting children when encountering information or images being exploited unlawfully online.
To protect children and adolescents from live streams containing inappropriate content or promoting products unsuitable for their age, the draft Law must require strict control and classification of livestream content according to age groups, as well as the display of warnings when content includes sensitive, dangerous, or age-inappropriate elements. Live streamers and sellers must be required to select an age-appropriate access setting when live streaming the sale of products unsuitable for certain age groups. In addition, the draft Law must ensure consistency and avoid overlap or conflict with other legislation, such as the Law on Science, Technology and Innovation; the Law on Digital Transformation; the Law on Tax Administration; and the Law on Cybersecurity.
Lawyer NGUYEN XUAN SANG, Ha Noi Bar Association
