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blue-check Amendments to conditions on carrying out e-commerce activities in Vietnam

Decree No. 85/2021/ND-CP dated September 25th, 2021 of the Government on providing amendments to the Government’s Decree No. 52/2013/ND-CPstatus2 dated May 16, 2013 on e-commerce
Posted: 28/9/2021 9:44:21 AM | Latest updated: 18/3/2022 10:06:02 AM (GMT+7) | LuatVietnam: 5299 | Vietlaw: 533
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This Decree amends, supplements many regulations on conditions on e-commerce activities, rights tasks and obligations of domestic and foreign traders participating in e-commerce activities in Vietnam.

Accordingly, with regard to a sales e-commerce website, the new regulations only require to notify the Ministry of Industry and Trade if the website has online ordering functions.

However, the new regulations supplement many tasks and obligations of owner of a sales e-commerce website such as: publish on the homepage of the website links to the information on general trading conditions, shipment and delivery, payment methods, etc. if the website has online ordering functions; publish policies on inspection of goods; retain information on transactions conducted on e-commerce websites in accordance with regulations of the Law on accounting.

With regard to goods, services introduced on sales e-commerce website, the new regulations require to fully provide required information shown on labels of goods (except distinguishing characteristics of each product such as date of manufacture, expiry date, lot number, chassis number or engine number) and must publish information about the license, certificate of eligibility (for conditional business lines).

A social network that operates in one of the forms of operation of e-commerce trading floor and collects fees from participants is also managed as an e-commerce trading floor.

With regard to an e-commerce trading floor that has online ordering functions, the e-commerce trading floor service provider must perform these obligations: Appoint a contact point to provide information about the entities denoting violations against laws; represent foreign sellers on the e-commerce trading floor in settling consumers’ complaints about goods/services; notify tax obligations to be fulfilled by foreign sellers, etc.

Especially, this Decree also supplements provisions regulating in details conditions for carrying out e-commerce activities in Vietnam with regard to foreign traders. Accordingly, foreign traders have to register their activities and establish a representative office in Vietnam or appoint an authorized representative in Vietnam if they own an e-commerce website set up under Vietnam’s domain name; an e-commerce website displayed in Vietnamese language or has more than 100.000 transactions originated in Vietnam within a year.

This Decree takes effect from January 1st, 2022.

To abrogate Clause 2 Article 2, Clause 2 Article 44, Clause 2 Article 60 and Article 62; the phrases “hoặc chưa được cấp phép” (“or without license”) in Point d Clause 1 Article 4, “hoặc xin cấp phép” (“or without applying for license”) in Point e Clause 1 Article 4, “đã được cấp phép” (“licensed”) in Point b Clause 3 Article 9, “thủ tục xin cấp phép” (“procedures for licensing”) in Point c Clause 2 Article 64, “chấm dứt hoặc bị thu hồi giấy phép” (“termination or revoked license”) in Point l Clause 1 Article 78, and “tước quyền sử dụng giấy phép” (“revoke the license”) in Clause 2 Article 78 of Decree No. 52/2013/NĐ-CPstatus2 dated May 16th, 2013.

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Effective Date 1-Jan-2022
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Published Vietlaw's Newsletter No. 533
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