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blue-check [Merged] - Regulatons on registration of e-commerce websites

Merged Document No. 20/VBHN-BCT dated March 18th, 2020 of the Minister of Industry and Trade on management of e-commerce websites

This document is to merge the amendments, supplements of Circular No. 04/2016/TT-BCT dated June 6th, 2016, Circular No. 21/2018/TT-BCT dated August 20th, 2018 and Circular No. 42/2019/TT-BCT dated December 18th, 2019 into Circular No. 47/2014/TT-BCTstatus2 dated December 5th, 2014 on management of e-commerce websites.

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blue-check Requirement for notification of online e-commerce shopping websites shall be removed

Circular No. 21/2018/TT-BCT dated August 20th, 2018 of the Ministry of Industry and Trade on amending a number of articles of Circular No. 47/2014/TT-BCTstatus2 dated December 5th, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No. 59/2015/TT-BCT dated December 31st, 2015 of the Ministry of Industry and Trade prescribing the management of e-commerce activities via applications on mobile equipment
VietlawOnline

One of the new noticeable points of this Circular is the removal of the regulations on notifying online e-commerce shopping websites provided in Article 8 and registration for e-commerce website rating provided in Article 21 of Circular No. 47/2014/TT-BCTstatus2 . Read more

However, regarding subjects that have to register e-commerce service provision websites (Article 13), they include all traders or organizations having e-commerce websites which provide at least one of the following services: Service of e-commerce trading floor, online promotion service, online auction service. Under the earlier regulations, registrants are only traders or organizations operating in trade promotion or enterprise support.

In addition, regarding subjects must make notification of goods sale applications on mobile equipment (Article 10 of Circular No. 59/2015/TT-BCT), they are traders, organizations or individuals that have been granted tax identification numbers and own sale applications.

This Circular takes effect from October 18th, 2018.

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blue-check Regarding VAT rate applicable to server leasing service

Official letter No. 2171/TCT-CS dated June 4th, 2018 of the General Department of Taxation regarding VAT rate applicable to server leasing service
VietlawOnline

According to Article 9 of Circular No. 219/2013/TT-BTCstatus2 , services provided for foreign customers are considered to be exported services and eligible to apply 0% VAT only when they are consumed outside Vietnam. Read more

Accordingly, with regard to the service of leasing server to a foreign customer but the server is located in Vietnam, this is not the exported service and not eligible to apply 0% VAT. This service shall be subject to 10% VAT.

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blue-check The master plan for electronic commerce development in 2016 - 2020 period

Decision No. 1563/QD-TTg dated August 8th, 2016 of the Prime Minister to approve the master plan for electronic commerce development in 2016 - 2020 period
VietlawOnline

According to this plan, the Prime Minister has put out some noticeable policies and legal regulations for the development of e-commerce, including Read more

- Promulate legislative documents to promptly adjust e-commerce models on the basis of new technologies like mobile e-commerce, interactive TV e-commerce;

- Modify legal regulations obstructing the application of electronic commerce according to regulations on promotion, advertisement and online sale;

- Issue policies and measures to encourage the enterprises to use electronic invoices when selling products;

- Issue documents specifying payment methods and services serving the e-commerce;

- Issue policies and measures to encourage the enterprises to develop and apply e-payment applications to support the buyers; encourage consumers to use non-cash payment services;

- Enhance the online provision of public services related to the business, strengthen the applicaitoon of information technology in public administrative procedures

- Invest in the construction and completion of essential infrastructure for e-commerce, including: National e-commerce payment system; Infrastructure for smart card in e-commerce card; Infrastructure for authentication and serurity transaction for e-commerce; etc.

This Decision takes effect from the date of signing.

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stop-check Three services allowed to set up e-commerce websites

Circular No. 12/2013/TT-BCTstatus1 dated June 20, 2013 of the Ministry of Industry and Trade stipulating on procedures for notifying, registering and publicizing information related to e-commerce websites.
VietlawOnline

At this Circular, the Ministry of Industry and Trade regulates that objects of registration are traders or organizations operating in trade promotion or supporting enterprise field that have the e-commerce website and it provides one of the following services: e-commerce trading-floor service; online promotion service; online auction service. Read more

To registration dossier, beside the application for providing e-commerce service; a certified copy of decision to establish (for organizations), certificate of business registration, investment certificate or investment license (for traders); the plan providing the service and so on. The receiving, processing registration dossiers for e-commerce service provision website are implemented online by the Ministry of Industry and Trade on e on the Management

Portal of E-commerce activities at the address www.online.gov.vn. To declare dossiers, traders and organizations access registration system of electronic commerce service provision website in electronic information page and process.

Trader and organization shall have the responsibility to keep track of status of processing dossier through electronic mail or access account of system that have been provided to conduct update and edit information as required. Within 30 working days since the day of receiving the notification of editing information at step 4 as stipulated under Clause 2 of this Article, if trader and organization don’t have any feedback, the registration dossier on the system will lock, and trader and organization shall conduct the registration again.

This Circular takes effect on July 01, 2013 and replaces the Circular No. 46/2010/TT-BCTstatus1 dated December 31, 2012.

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red-check New regulation for e-commerce control

Decree No. 52/2013/ND-CPstatus2 dated May 16, 2013 of the Government, on e-commerce (40 pages)
VietlawOnline

E-commerce, according to the Decree, is understood as conducting a part or the whole process of commerce operation through e-tools connected to Internet, mobile telecommunication network or other open networks. Read more

Compared with current regulations of e-commerce, one of the new remarkable regulations of this Decree is about e-commerce sale websites and e-commerce service supplying websites including: (i) e-commerce trading floor, (ii) online auctions website, (iii) online promotion website and (iv) other websites regulated by Ministry of Industry and Trade.

The traders, organizations, individuals are entitled to set up e-commerce sale websites on the basis of meeting the conditions

as below:

(i) Being the traders, organizations with appropriate functions and duties or individuals having been issued personal tax code;

(ii) Having their website with valid domain name and complying with regulations on Internet information management and

(iii) Having informed the Ministry of Industry and Trade of setting up e-commerce sales websites through online announcement tool on the Management Portal of e-commerce activities.

The traders and organizations are entitled to set up e-commerce service supplying websites upon meeting the following conditions:

(i) Being the traders or organizations having proper business lines or functions, duties;

(ii) Having their website with valid domain name and complying with provisions of Internet information management.

(iii) Having service-providing plan specifying the following contents therein:

+ Model of organizing operations including operation of service provision, promotion and marketing services inside and outside online environment;

+ Structure, feature and essential information on the service provision website;

+ Defining rights and responsibilities between traders or organizations providing e-commerce services and service users.

(iv) Having registered set-up of e-commerce service supplying websites and having been certified for registration by the Ministry of Industry and Trade

During e-commerce operation, the traders, organizations, individuals collecting consumer private information must comply with provisions on protecting individual information and payment safety.

This Decree will be taken into effect from July 1 2013 and superseding the Decree no. 57/2006/NĐ-CPstatus1 dated June 9 2013.

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stop-check Individuals are not permitted to build an e-commerce website

Circular No. 46/2010/TT-BCTstatus1 dated December 31st, 2010 of the Ministry of Industry and Trade regulation on operation management of e-commerce website selling goods or providing services (10 pages.)

This Circular stipulates the State’s management on operation of e-commercial websites which are established by traders and organization in the territory of Vietnam to offer sales of goods or provisions of services. Read more

The sales of goods and services or sales of goods and service with required conditions on e-commercial website are subject to legal regulations on such goods and services.

Subject for application:

- Traders and organization establishing e-commercial websites to offer sales of goods or provisions of services of their own goods or services;

- Traders and organization providing service of e-commercial exchange;

- Traders, organization and individuals who offer sales of goods or provisions of services on the e-commercial exchange.

This Circular will come into effect from 01 June 2011.

For the e-commercial websites which are established and come into operation before the effective date of this Circular, the owners have to register for these websites in accordance with the regulations of this Circular within 90 days from the effective date of this Circular.

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stop-check Provision of information about contracts and entering into contracts via comercial websites

Circular No. 09/2008/TT-BCTstatus1 dated July 21st, 2008 of the Ministry of Industry and Trade guiding the E-commerce Decree regarding information supply and contract conclusion on e-commerce websites

Principles for provision of information on commercial websites: Read more

A commercial website must provide complete information about the business entity, the goods and services, and the terms and conditions of the contract for purchase and sale of any of the goods or services introduced on such website including: information about goods and services; information about prices; information about terms and conditions of a transaction;information about transportation and delivery; and information about payment methods.

Entering into contracts using the function of online ordering of goods:

If any commercial website has a function of online ordering of each specific commodity or service which is introduced on such website, then all information introducing such commodity or service and the relevant terms and conditions shall be deemed to be an announcement and offer to enter into a contract by the business entity which owns such commodity or service. Electronic data which a client formulates and sends by using the function of online ordering of goods shall be

deemed to be an offer to enter into a contract from that client for whatever goods or services are coupled with such online ordering function.

If a website announces a time-limit within which a reply will be made to an offer by a client to enter into a contract, and if at the expiry of that time-limit the client has not received a reply from the business entity, then the offer from the client to enter into the contract shall no longer be valid. Any reply accepting an offer after the expiry of the time-limit shall constitute a new offer by the business entity to enter into a contract.

If a website does not clearly announce the time-limit within which a reply will be made to an offer by a client to enter into a contract, and if after eight (8) business hours from the time of sending its offer the client has still not yet received a reply consenting to enter into the contract, then the offer by the client to enter into the contract shall no longer be valid.

Protection of rights of clients when entering into contracts via a commercial website

A website must have a mechanism enabling a client to check, add to, amend and confirm the contents of a transaction prior to the client using the function of online ordering goods by sending its offer to enter into the contract.

This Circular shall be of full force and effect fifteen (15) days after the date on which it is published in the Official Gazette.

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stop-check Decree on e-commerce

Decree No. 57/2006/ND-CPstatus1 dated June 09, 2006 of the Government on e-commerce
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stop-check The Regulation on elaboration and implementation of the 2006-2010 national trade promotion program

Decision No. 279/2005/QD-TTgstatus1 dated November 03, 2005 of the Prime Minister promulgating the Regulation on elaboration and implementation of the 2006-2010 national trade promotion program

The national trade promotion program is funded by the State and elaborated according to the export market and commodity line orientations mapped out in the 2006-2010 export strategy. Read more

It aims at enhancing trade promotion activities, developing export markets; creating initial conditions for building material foundations in service of trade promotion; contributing to raising the business capacity of the enterprise community; associating trade promotion with investment promotion and tourism advertisement.

State supports shall be provided for the following activities of the program:

- Providing information about Vietnamese trade.

- Hiring domestic and foreign experts to advise on how to develop exports and design models and products to raise the quality of goods and services.

- Organizing domestic and overseas training for improvement of export capacity and business skills.

- Organizing and participating in trade fairs or exhibition

- Organizing market surveys or commercial transactions overseas.

- Organizing general promotion activities (trade combined with investment and tourism) to boost export and attract foreign investors and tourists to Vietnam.

- Introducing Vietnamese brands to foreign markets.

- Building trade promotion centers at home and overseas

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