The influence of technological revolutions, combined with the emergence of the COVID-19 pandemic, has caused many individuals and organizations to turn to establishing online business companies in Vietnam. So what are the conditions as stipulated by law to set up an online business company in Vietnam? Viet An Law Firm will answer this question of customers in the article below.
According to the provisions of Clause 1, Article 3 of Decree 52/2013/ND-CP on e-commerce, e-commerce activities are the conduct of part or all of the process of commercial activities by electronic means connected to the Internet, mobile telecommunications networks, or other open networks.
Meanwhile, online business is a form of sales in which business people will sell their goods and services or those of others through electronic means, especially the Internet, that is, direct exchange. gland.
Therefore, online business is one of the activities of e-commerce activities, accordingly, online business will fall within the scope of legal regulations governing e-commerce activities.
Based on Article 25 of Decree 52/2013/ND-CP, as amended and supplemented by Article 1.7 of Decree 85/2021/ND-CP on e-commerce, there are online business forms as follows:
According to the List of conditional business lines in Appendix IV of the Investment Law 2020, e-commerce activities are a conditional business line.
According to the provisions of Article 3.9 of Decree 52/2013/ND-CP on e-commerce, business investment conditions are conditions that individuals and organizations must meet when carrying out online business, specifically the conditions for establishing an online business company include:
Among the conditions for establishing an online business company, the condition of the entity establishing the company is the first condition, as well as an extremely important condition that individuals and organizations need to pay special attention to first when establishing a business.
Based on the provisions of Article 17 of the Vietnam Enterprise Law 2020 on the right to establish, contribute capital, purchase shares or stakes, and manage enterprises, organizations, and individuals have the right to establish and manage enterprises in Vietnam according to the provisions of law, except for the following individuals and organizations:
Therefore, if they do not belong to the subjects listed above, individuals and organizations have the right to establish online business companies according to the provisions of law.
According to Article 1 of the Vietnam Enterprise Law 2020, there are the following types of businesses:
When establishing a business, individuals and organizations can choose one of the above business types. However, when registering to establish a business of any type, it must meet certain conditions for that type of business.
For example, when registering to establish a joint stock company, the business establishment registration dossier must ensure complete documents as prescribed in Article 22 of the Vietnam Enterprise Law 2020 and Article 23 of Decree 01/2021/ND-CP on business registration. Specifically, the joint stock company registration dossier must include:
Based on Article 25.2 of Decree 52/2013/ND-CP, as amended and supplemented by Article 1.7 of Decree 85/2021/ND-CP on e-commerce, it can be understood that sale e-commerce website is an e-commerce website established by traders, organizations, or individuals to serve their commercial promotion, sale of goods or supply of services.
Combined with Article 52 of Decree 52/2013/ND-CP, as amended and supplemented Decree 85/2021/ND-CP on E-commerce, the conditions that merchants must meet to be able to establish Set up a sales e-commerce website including:
In addition, legal regulations not only set requirements for setting up sales e-commerce websites but also set conditions for sales e-commerce websites.
Pursuant to Section 1 of Decree 52/2013/ND-CP amended and supplemented by Decree 85/2021/ND-CP on e-commerce, requirements for e-commerce websites that traders need to meet including:
Pursuant to Article 54 of Decree 52/2013/ND-CP, as amended and supplemented by Clause 19, Article 1 of Decree 85/2021/ND-CP on e-commerce, to establish a website providing e-commerce services traders need to meet the following conditions:
The Ministry of Industry and Trade has confirmed that the trader has registered to set up an e-commerce services provision website.
Although establishing an online business company is becoming more and more popular, the conditions for establishing an online business company are still complicated. Therefore, before establishing a company as desired, customers need to pay more attention to these conditions and should seek out a team of reputable legal experts such as Viet An Law Firm to receive support. the most appropriate advice.
If you have any questions about conditions to set up an online business company in Vietnam, please contact Viet An Law Firm for our best support!
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