Amending and supplementing a number of regulations on e-commerce in Vietnam

The Vietnamese Government issued Decree No. 85/2021/ND-CP amending and supplementing a number of articles of Decree No. 52/2013/ND-CP dated May 16, 2013 of the Government on e-commerce in Vietnam.

New regulations on e-commerce activities in Vietnam

According to the new regulations, for goods and services introduced online, the seller must provide information so that the customer can accurately identify the characteristics of the goods or service and avoid misunderstanding when decide on the offer to enter into a contract.

Information about goods online must include mandatory contents shown on the goods label according to the provisions of the law on goods labels, except for information that is product-specific, such as year, month, date of manufacture; expiration date; Production number.

Sellers of goods and services that must satisfy investment and business conditions on the list of conditional investment and business lines must publish the number, date and place of issuance of the license or certificate of eligibility, or other forms of documents as prescribed by law on business conditions of that industry or profession.

Foreign legal entities and the e-commerce Decree

According to Decree 52/2013, foreign legal entities must comply with the provisions of the law on e-commerce, including business entities in Vietnam in the form of investment, establishment of branches, representative offices or have a website with Vietnamese domain name. Decree 85/2021 has expanded the scope of application to foreign entities. Foreign organizations and individuals having e-commerce activities in Vietnam are regulated by Decree 85/2021.

Operational forms of e-commerce trading platform in Vietnam

Decree No. 85/2021/ND-CP also stipulates the operation forms of e-commerce trading, including: Website allowing participants to open booths to display and introduce goods or services. service; Website allows participants to open accounts to perform the process of entering into contracts with customers; The website has a buying and selling section, which allows participants to post information about buying and selling goods and services; A social network has one of the forms of activities specified at Points 1, 2, 3 and participants directly or indirectly pay fees for the performance of such activities.

Additional Responsibilities of Traders

Regarding the responsibilities of traders and organizations providing e-commerce trading services, the Additional Decree for e-commerce trading floors with the function of online ordering, in addition to the above obligations, commercial Individuals and organizations providing e-commerce trading floor services are responsible for designating a focal point to receive requests and provide online information to state management agencies about subjects showing signs of violation.

This focal point will provide information within 24 hours from the time of receiving the request to promptly serve the inspection, examination, handling of violations and settlement of complaints and denunciations.

Representing foreign sellers on e-commerce exchanges to settle consumer complaints related to goods and services provided by foreign traders and is responsible for notifying the taxpayer’s tax obligations when participating in the e-commerce trading floor in accordance with the provisions of Vietnamese law; To act as the focal point to receive and settle consumer complaints in case a transaction is performed on an e-commerce trading floor with more than 2 parties involved; Store information about order transactions made on the e-commerce trading floor in accordance with the law on accounting; Jointly compensate for damage in case of breach of obligations specified in Clauses 8, 9 of Article 36, causing damage.

New electronic contract authentication service registration procedure

With the old regulations, electronic contract authentication service providers need a license from the Ministry of Industry and Trade. Currently, the Government will change the license to register for the electronic contract authentication service. Successful registration results include:

• Confirm registration of electronic contract authentication service issued by the Ministry of Industry and Trade and
• The supplier’s name is updated in the list of registered e-contract authentication service providers published on the e-commerce management portal.

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