Implement regulations on e-commerce activities for foreign traders and organizations

On March 30, 2022, the Department of E-commerce and Digital Economy issued Official Letter No. 292/TMĐT-CS on the implementation of regulations on e-commerce activities for traders and organizations Foreigners in Decree No. 85/2021/ND-CP.

Accordingly, on September 25, 2021, the 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. Government on e-commerce (Decree 85).

Decree 85 supplements and regulates foreign traders and organizations having e-commerce activities in Vietnam in Section 5, Chapter IV. Accordingly, a foreign trader or organization that has a website providing e-commerce services in Vietnam is a trader or organization that has one of the following forms of operation: Having a Vietnamese domain name or having the display language Vietnamese. ; There are over 100,000 transactions from Vietnam in a year. The above-mentioned foreign traders and organizations must register for e-commerce activities according to the provisions of this Decree and set up a representative office in Vietnam according to the provisions of law or appoint a representative according to the provisions of this Decree. rights in Vietnam.

The operation content of the representative office or the content of authorization must ensure the following responsibilities: Coordinating with state management agencies in preventing transactions of goods and services in violation of Vietnamese law; To perform the obligations on protecting the interests of consumers, product and goods quality in accordance with the provisions of Vietnamese law; To perform reporting obligations as prescribed in Article 57 of Decree 52/2013/ND-CP.

The process of carrying out registration procedures with the Ministry of Industry and Trade is specified in the Circular No. 47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade regulating the management of e-commerce websites (Circular 47). ); Circular No. 59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade providing for the management of e-commerce activities via applications on mobile devices (Circular 59); Circular No. 01/2022/TT-BCT dated January 18, 2022 amending and supplementing a number of articles of Circular 47 and Circular No. 59.

Decree No. 85 takes effect from January 1, 2022. To be able to provide e-commerce services in Vietnam, foreign traders and organizations must carry out registration procedures with the Ministry of Industry and Trade. Trade within 12 months from the effective date of Decree 85.