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Register e-commerce trading platform applications

In the current era, the demand for online purchases through customer applications is increasing significantly. Therefore, there have been many e-commerce trading platform applications born and growing. Thus, who will be obliged to register for the e-commerce trading platform application, what requirements do sellers who want to register for e-commerce trading platform applications need to meet, and how to carry out the procedures? In this article, Viet An Law will detail the above questions, helping traders to do their work smoothly and effectively in Vietnam.

E-commerce business

Legal bases

  • Decree 52/2013/ND-CP on e-commerce, as amended and supplemented by Decree 08/2018/ND-CP and Decree 85/2021/ND-CP.
  • Circular 59/2015/TT-BCT regulating the management of e-commerce activities via mobile applications, as amended and supplemented by Circular 21/2018/TT-BCT and Circular 01/2022/TT-BCT.
  • Circular 47/2014/TT-BCT regulating the management of e-commerce websites, as amended and supplemented by Circular 21/2018/TT-BCT and Circular 01/2022/TT-BCT.

What is an e-commerce trading platform application?

E-commerce trading platform according to Clause 9 Article 3 of Decree 52/2023/ND-CP is an e-commerce website allowing traders, organizations, and individuals other than website owners to conduct part or all of the process of buying and selling goods, and services on it.

E-commerce trading platform application is a form of e-commerce trading platform operation, according to Clause 4 Article 3 of Circular 59/2015/TT-BCT is a mobile application that allows traders, organizations, and individuals other than the application owner to conduct part or all of the process of buying and selling goods, service on it.

In Vietnam, there are some major e-commerce trading platforms such as Shopee, Lazada, Tiki,…

Obligation to register e-commerce trading platform applications

  • Subject: According to Article 54 of Decree 52/2013/ND-CP amended and supplemented by Article 10 of Decree 08/2018/ND-CP and Clause 19 Article 63 of Decree 85/2021/ND-CP, traders and organizations owning applications providing e-commerce services are obliged to register a commercial trading platform application with the Ministry of Industry and Trade before putting the application into operation.
  • Object: Article 13 of Circular 59/2015/TT-BCT stipulates that subjects obliged to register applications for providing e-commerce services will include traders, organizations operating in the field of trade promotion or supporting enterprises, owning applications providing e-commerce services.
  • Authority:

According to the provisions of Article 55 of Decree 52/2013/ND-CP, traders and organizations shall register online with the Ministry of Industry and Trade on 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, have operated at the registered domain address and before officially providing services to users.

Immediately after the mobile application completes the notification or registration procedures as prescribed in this Circular and receives the confirmation from the Ministry of Industry and Trade, information about the application will be included in the list of notified applications or registered for public disclosure on the E-commerce Activities Management Portal (Article 20 of Circular 59/2015/TT-BCT).

Thus, the Ministry of Industry and Trade will have the authority to review and recognize the registration of e-commerce trading platform applications.

Distinguish registration from notification obligations

  Register for an e-commerce trading platform application Sales app notifications
Object Traders or organizations operating in the field of trade promotion or business support, own applications providing e-commerce services.

(Article 13 of Circular 59/2015/TT-BCT)

Merchant app owners, including merchants, organizations, or individuals who have been issued an individual tax identification number.

(Article 2 of Circular 21/2018/TT-BCT)

Update information When modifications and supplements are needed.

(Article 16 of Circular 59/2015/TT-BCT)

Once a year from the time the notification is confirmed, traders, organizations and individuals are obliged to update the notification information by accessing their accounts on the E-commerce Activities Management Portal and declaring information according to the form.

(Article 12 of Circular 59/2015/TT-BCT refers to Article 12 of Circular 47/2014/TT-BCT)

Periodic reports Before January 15 of each year, traders and establishment organizations shall report to the Ministry of Industry and Trade statistics on the operation of the preceding year.

(Article 19 of Circular 59/2015/TT-BCT refers to Article 20 of Circular 47/2014/TT-BCT)

There is no provision in the law.

Dossier for e-commerce trading platform application registration

No Document name Note
1 Application form for e-commerce service provider Appendix to Circular 59/2015/TT-BCT
2 Establishment decision (for organizations), business registration certificate, investment certificate, or investment license (for traders) Certified copy
3 The scheme for providing e-commerce services includes the contents specified in Clause 3, Article 54 of Decree 52/2013/ND-CP (amended and supplemented in Article 19 of Decree 85/2021/ND-CP)  
4 Regulations governing the operation of applications providing e-commerce services include:

·       Contents specified in Article 38 of Decree 52/2013/ND-CP (amended and supplemented in Article 17 of Decree 85/2021/ND-CP)

·       Processing process, processing time limit when receiving feedback on business acts that violate the law on the application

 
5 Form of a service contract or cooperation agreement between traders, organizations owning applications providing e-commerce services, and traders, organizations, or individuals participating in the purchase and sale or organizing auctions or promotions for goods and/or services on that application  
6 General trading conditions applicable to the purchase, sale auction, or promotion of goods and services on the application  
7 Power of Attorney of Viet An Law to carry out procedures According to the form prepared by Viet An Law

Procedure for registering an e-commerce trading platform application

Step 1: System login

The person obliged to register for the e-commerce trading platform application provides the following information and logs in to the E-commerce Management Portal (online.gov.vn) system:

  • Name of trader, organization;
  • Business registration number of traders, number of establishment decisions of organizations;
  • Business sectors;
  • Address of the head office of the trader or organization;
  • Contact information.

Step 2: Sign up for an account

Within 3 working days, the registrant shall receive the result from the Ministry of Industry and Trade via the registered email address on one of the following contents:

  • If the account registration information is complete, traders and organizations are granted an account to log in to the system and proceed to Step 3;
  • If account registration is refused or additional information is requested, traders or organizations must re-register or supplement information as requested.

Step 3: Declare the information

After being granted a system login account, proceed to log in, select the function of registering websites providing e-commerce services, declare information according to the form, and attach the registration dossier specified in Article 14 of Circular 47/2014/TT-BCT.

Step 4: Confirm profile

Within 7 working days, traders and organizations shall receive feedback from the Ministry of Industry and Trade via registered email addresses on one of the following contents:

  • Confirm the complete and valid registration dossier and request traders and organizations to follow Step 5;
  • Notification of invalid applications or requests for additional information. At that time, traders and organizations return to Step 3 to re-declare or supplement information and documents as required.

Step 5: Send a hard copy of the application and track the progress of the application processing

  • After receiving the notification confirming the complete and valid dossier, traders and organizations shall send to the Ministry of Industry and Trade (Department of E-Commerce and Information Technology) a complete registration dossier (paper version) as prescribed in Article 14 of Circular 47/2014/TT-BCT.
  • Traders and organizations shall monitor the status of application processing via email or system access account granted to update and correct information upon request.
  • Within 30 working days after receiving the notice of request for additional information in Step 4 as prescribed in Clause 2 of this Article, if the trader or organization does not respond, the registration dossier on the system will be terminated and the trader or organization must re-register from the beginning.

Step 6: Confirm registration

  • Time for registration confirmation: 5 working days from the date of receipt of a complete and valid paper registration dossier sent directly by traders or organizations or by post to the Ministry of Industry and Trade (Department of E-Commerce and Information Technology) upon completion of the registration process specified in Clause 2 Article 15 of Circular 47/2014/TT-BCT. In case the paper dossier sent back does not match the documents and information declared online through the system access account, the Ministry of Industry and Trade shall notify via the email address registered by the trader or organization so that the trader or organization can complete the dossier.
  • When confirming registration, the Ministry of Industry and Trade will send traders and organizations via registered email addresses a code to attach to the website providing e-commerce services, expressed as a registration symbol. When selecting this icon, users are directed to the corresponding registration information of traders and organizations at the E-commerce Activities Management Portal.

E-commerce trading platform application registration service of Viet An Law

  • Consulting on drafting registration documents for e-commerce trading platform applications;
  • Representing customers to carry out registration procedures with competent authorities;
  • Monitor the processing of business registration notices in the process of processing applications;
  • Receive results and hand them over to customers;
  • Provide post-registration services, and regular consultation for businesses after successful registration.

If you want to register e-commerce trading platform applications, please contact Viet An Law for the best support.

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