E-commerce business conditions in Vietnam

Along with the explosion of information technology along with modern equipment in recent years, e-commerce business is increasingly popular. Currently, e-commerce business is a business line with a thing. Viet An Law sends customers a number of regulations on business conditions for some e-commerce activities to help customers have an overview of e-commerce.

Legal bases

• Decree 52/2013/ND-CP dated May 16^th 2013;
• Decree 85/2021/ND-CP dated September 25^th 2021 amendments to government’s Decree No.52/2013/ND-CP dated May 16^th 2013 on E-commerce
• Decree 08/2018/ND-CP dated January 15^th 2018;
• Circular 47/2014/TT-BCT dated December 5^th

Forms of organizing e-commerce business in Vietnam

E-commerce activity is the conduct of part or all of the commercial process by electronic means connected to the Internet, mobile telecommunications networks or other open networks. Forms of organizing e-commerce activities include:

• E-commerce website sales;
• Websites providing e-commerce services include the following types:
• E-commerce trading platform;
• Online auction website;
• Online promotion website;
• Other types of websites are regulated by the Ministry of Industry and Trade.

Conditions of e-commerce website for customers to review and confirm contract content in Vietnam

E-commerce website (hereinafter referred to as website) is a website established to serve part or the whole process of goods purchase and sale or service provision, from displaying goods and services to entering into contracts,  providing service, payment and after-sales service.

E-commerce websites must have a mechanism to allow customers to review, supplement, modify and confirm transaction contents before using the online ordering function to send a request to enter into a contract. This review and validation mechanism must meet the following conditions:

• Show customers the following information:
• Name of goods or services, quantity and type;
• Method and duration of delivery or provision of services;
• The total value of the contract and the details related to the payment method are chosen by the customer.

This information must be able to store and print on the customer’s information system and display it later.

• Show the customer information on how to respond to accept the offer to enter into a contract and the time limit for responding to the request to enter into a contract.
• Allow customers after reviewing the above information to choose to cancel the transaction or confirm the offer to enter into the contract.

Conditions for setting up a sales e-commerce website in Vietnam

E-commerce website for sale is an e-commerce website established by traders, organizations and individuals to serve their trade promotion activities, sell goods or provide services.

Traders, organizations and individuals may set up e-commerce websites for sale if they meet the following conditions:

• Be a trader, organization or individual who has been issued an individual tax identification number.
• Notified the Ministry of Industry and Trade about the establishment of e-commerce websites for sale according to regulations;

Procedures for notifying the establishment of a sales e-commerce website in Vietnam

Traders, organizations and individuals setting up e-commerce websites for sale must notify the Ministry of Industry and Trade through the online notification tool on the E-commerce Activities Management Portal. Information subject to notification includes:

• Domain name of the e-commerce website;
• Type of goods and services introduced on the website;
• The registered name of the trader, organization or the name of the individual owning the website;
• Address of the head office of the trader, organization or permanent address of the individual;
• The number, date of issuance and place of issuance of the business registration certificate of the trader, or the number, date of issuance and the unit issuing the establishment decision of the organization; or the individual’s personal tax identification number;
• Name, title, identity card number, phone number and email address of the trader’s representative who is responsible for the e-commerce website;
• Other information as prescribed by the Ministry of Industry and Trade.

Conditions for setting up websites providing e-commerce services in Vietnam

E-commerce service provider website means an e-commerce website established by traders and organizations to provide an environment for other traders, organizations and individuals to conduct commercial activities.

Traders and organizations may set up websites providing e-commerce services when fully meeting the following conditions:

• Being traders, organizations established in accordance with law
• There is a service provision scheme which clearly states the following contents:
• Organizational model of operation, including service provision, promotion and marketing activities both inside and outside the online environment;
• Delineate rights and responsibilities between traders, organizations providing e-commerce services and service users.
• Have registered to set up a website providing e-commerce services and have been confirmed by the Ministry of Industry and Trade for registration according to regulations.

Procedures for registering to set up a website providing e-commerce services in Vietnam

Traders and organizations shall register online with the Ministry of Industry and Trade for the establishment of websites providing e-commerce services after the website has been completed with full structure, features and information according to the service provision scheme, has operated at the registered domain name address and before officially providing services to users. The application dossier includes:

• Application for setting up a website providing e-commerce services;
• A certified copy of the establishment decision (for organizations), business registration certificate, investment certificate or investment license (for traders);
• The scheme for the provision of services as prescribed;
• Regulations governing the operation of websites providing e-commerce services comply with the provisions of this Decree and relevant laws;
• Form of service contract, general trading conditions, if any;
• Other documents shall be prescribed by the Ministry of Industry and Trade.

Note about goods traded on e-commerce websites

Traders, organizations and individuals may not use e-commerce websites to trade in the following goods restricted from trading:

• Hunting rifles and hunting rifle ammunition, sporting weapons, support tools;
• Cigarettes, cigars and other finished forms of tobacco;
• Alcohol of all kinds;
• Rare plants and wildlife, including living things and their parts that have been processed;
• Other goods restricted from trading as prescribed by law.

Traders setting up websites to sell goods and/or services on the list of goods and services subject to business conditions for issuance of business eligibility certificates shall publish on their websites the number, date of issuance and place of issuance of the Certificate of business eligibility for goods,  that service.

Services of  Viet An Law Firm on e-commerce business consulting

• Advising on business conditions of e-commerce activities;
• Advising on completing policies and regulations posted on e-commerce websites in accordance with the provisions of law;
• Advising on related legal issues, reporting regimes during e-commerce activities of enterprises;
• Advising and guiding procedures for notifying and registering e-commerce websites with the Ministry of Industry and Trade.