According to Decree 85/2021/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013, on e-commerce, Vietnam has specific provisions on supplementing business licenses for foreign investors and foreign-invested economic organizations.
Foreign e-commerce platforms must supplement business licenses before January 1, 2023
Accordingly, the Vietnam e-Commerce and Digital Economy Agency (Ministry of Industry and Trade) proposes that economic organizations with foreign investment have been certified to register websites/apps providing e-commerce services and are operating without a business license, update their profile and supplement their business license before January 1, 2023. The update is done online through the online.gov.vn portal.
For foreign-invested economic organizations that register a new e-commerce service provision website/application, the following documents need to be provided: A copy from the master register or a certified copy or a copy to be presented with the original for comparison of the establishment decision (for organizations); electronic copy from the master register or certified electronic copy from the master register; certificate of business registration or enterprise registration (for traders), business license (for foreign investors, economic organizations with foreign investment capital).
Previously, the Vietnam e-Commerce and Digital Economy Agency has also issued a written request to foreign traders and organizations engaged in e-commerce activities in Vietnam to comply with the provisions of Decree 85/2021/ND-CP in effect from January 1, 2022.
Accordingly, Decree 85/2021/ND-CP adds many new regulations in the field of e-commerce. Specifically, foreign traders and organizations that have websites providing e-commerce services in Vietnam must register for e-commerce activities and establish a representative office in Vietnam in accordance with the law or appoint an authorized representative in Vietnam.
To provide e-commerce services in Vietnam, foreign traders and organizations must carry out registration procedures with the Ministry of Industry and Trade within 12 months from the effective date of this Decree.
E-commerce is defined as a conditional market access industry for foreign investors. Accordingly, foreign traders and organizations that have websites providing e-commerce services in Vietnam use Vietnamese domain names; websites with display language in Vietnamese, or 100,000 transactions from Vietnam per year.