Abstract

Digital transformation has made cyberspace an increasingly important business environment for individuals and household businesses in Vietnam, while also creating new challenges to the freedom to conduct a business recognised under Article 33 of the 2013 Constitution. Using a human rights-based approach, this article examines the content and permissible limitations of this right and proposes a three-actor framework involving the State as duty-bearer, digital platform operators as responsible business actors, and individuals and household businesses as rights-holders. Drawing on relevant Party documents and legal developments in 2025–2026, the article identifies key gaps, including a management-oriented regulatory approach, power asymmetries between small sellers and platforms, fragmented grievance and redress mechanisms, and digital exclusion. It then proposes policy orientations, legal and institutional solutions, and a roadmap to strengthen the protection and effective enjoyment of this right through 2030, with a vision to 2035.

Keywords: Cyberspace, digital transformation, freedom to conduct a business, household business, human rights.