License to provide pharmaceutical e-commerce business in Vietnam

The question of Clients

The software I make is an app. Now I want the E-commerce department to license e-commerce transactions and procedures related to e-commerce.

In addition to the App, in my ecosystem, there is also the GPP pharmacy management software according to the connection standard of the Drug Administration, this software will be mandatory for pharmacies to use to ensure compliance with directive 23 and the conclusion 192 of Government and other regulations issued together such as Decision 540, 777/QLD -TTra … The price setting for using this service is determined by yourself or by the state. I’m confused because I don’t use the state budget, but this is related to the state, so when I issue a price or service fee I need to determine the price myself, do I need to go through any agency or not? Do you need to register for tax or the Ministry of Finance… Can you consult and draft documents for me?

Regarding your request, Viet An Law would like to give you a preliminary consult as follows:

Legal basis

• Law on Pharmacy 2016;
• Decree No. 54/2017/ND-CP stipulates in detail a number of articles and measures to implement the Law on Pharmacy;
• Decree No. 52/2013/ND-CP on e-commerce business;
• Circular No. 59/2015/TT-BCT stipulates the management of e-commerce activities through applications on mobile devices.

An e-commerce trading platform is an e-commerce website that allows traders, organizations, and individuals who are not website owners or managers to sell goods or provide services on it. E-commerce trading platforms operating legally must apply for an E-commerce trading platform license at the Ministry of Industry and Trade.

Firstly, the dossier for applying for a license to provide e-commerce services includes:

• Application for registration of an app to provide e-commerce services;
• A certified copy of the establishment decision (for organizations), business registration certificate, investment certificate or investment license (for traders);
• Scheme of the service provision as prescribed in Clause 3, Article 54 of Decree No. 52/2013/ND-CP;
• Regulations on operation management of websites providing e-commerce services in compliance with the provisions of Decree No. 52/2013/ND-CP and relevant laws;
• Form of the service contract or cooperation agreement between the trader or organization that owns an app providing e-commerce services with the trader, organization, or individual participating in trading or organizing auctions and sale promotions for goods, and services on that app;
• General trading conditions applicable for purchasing and selling activities or organizing auctions, sale promotions of goods and services on the app (if any).

Secondly, the procedure for applying for an e-commerce license

Step 1: Register an account at the website:  http://online.gov.vn

Step 2: Confirm your account

Step 3: Declare the type of e-commerce service

• Website announcement if it is a website selling goods according to Article 27 of Decree No. 52/2013/ND-CP
• Website registration if it is a website providing e-commerce services according to the provisions of Articles 35, 39, 44 of Decree No. 52/2013/ND-CP

Step 4: Declare the detailed information, submit the dossier, and wait for the dossier approval. After the electronic dossier is approved, in case of website registration, it is necessary to send the complete set of the dossier to the Department of E-commerce and Digital Economy – Ministry of Industry and Trade at 25 Ngo Quyen Street, Trang Tien, Hoan Kiem, Ha Noi to be confirmed the registration.

In the case of website registration, the registered enterprise will receive a code when attached to the website, which will be displayed with a registration icon.

Thirdly, the price of using the service

According to the provision of Clause 1, Article 106 of the Price Law 2012, “ Article 5. Principles of price management

1. The State implements the price management according to the market mechanism; respecting the right to self-assess and compete on prices of organizations and individuals perform the production and business in accordance with law.”

Currently, there is no legal document regulating the price of drugstore management software services. Therefore, the price of using pharmacy management software services is determined by your company.

Regarding the drafting dossier, please contact directly lawyers for support.

Above is the content of the advice of Viet An Law regarding a license to provide pharmaceutical e-commerce business in Vietnam. If Clients have any questions, please contact Viet An Law for the fastest advice.