Do foreign-invested enterprises operating e-commerce activities in Vietnam through sales websites have to notify their e-commerce websites?

Do foreign-invested enterprises operating e-commerce activities in Vietnam through sales websites have to notify e-commerce websites?

Pursuant to Article 27 of the Decree 52/2013/ND-CP amended by Clause 9, Article 1 Decree 85/2021/ND-CP stipulates the responsibilities of traders, organizations and individuals owning e-commerce websites for sales as follows:

Responsibilities of traders, organizations and individuals owning e-commerce websites for sales

1. Notify the Ministry of Industry and Trade about the establishment of an e-commerce website for sales according to the provisions of Section 1 Chapter IV of this Decree if the website has an online ordering function.

2. Fully provide information on the website according to the regulations in this Section and take responsibility for the accuracy and completeness of the information.

3. Comply with regulations on protecting customers’ personal information specified in Section 1 Chapter V of this Decree.

4. Implement the regulations in Section 2 Chapter II of this Decree if the website has online ordering function.

5. Implement the regulations in Section 2 Chapter V of this Decree if the website has online payment function.

6. Provide information about your business situation when requested by a competent state authority to serve e-commerce statistical activities, inspection activities, testing and handling of violations in e-commerce.

7. Store information about transactions performed through the website according to the provisions of accounting law; fully fulfill tax obligations according to the provisions of law.

Thus, foreign-invested enterprises operating e-commerce activities in Vietnam through sales websites must have the obligation to notify the Ministry of Industry and Trade about establishing sales e-commerce websites according to regulations.

What information must foreign-invested enterprises operating e-commerce activities in Vietnam through sales websites inform about website setup?

Pursuant to Article 53 of Decree 52/2013/ND-CP amended by Clause 18, Article 1 of Decree 85/2021/ND-CP then:

Foreign-invested enterprises operating e-commerce activities in Vietnam through sales websites shall notify online to the Ministry of Industry and Trade about establishing a sales e-commerce website through the E-commerce Activities Management Information Portal before officially selling goods and providing services to users.

The notice on setting up a sales e-commerce website must contain the following information:

– Domain name of the e-commerce website;

– Type of goods and services introduced on the website;

– Registered name of the trader, organization or name of the individual who owns the website;

– Address of the head office of the trader, organization or permanent residence address of the individual;

– Number, date of issue and place of issuance of the business registration certificate of the trader, or number, date of issue and unit issuing the establishment decision of the organization; or the individual’s personal tax identification number;

– Name, title, identity card number, phone number and email address of the trader representative, the person responsible for the e-commerce website;

– Other information according to regulations of the Ministry of Industry and Trade.

Is improving management capacity and organizing e-commerce development activities part of the national e-commerce development program?

Pursuant to Article 7 of Decree 52/2013/ND-CP stipulating the national e-commerce development program as follows:

Trade development program national electronics

1. The State has appropriate policies and measures to promote transparent and sustainable development of e-commerce through the National E-commerce Development Program.

2. The content of activities under the National E-commerce Development Program includes:

a) Building and developing e-commerce infrastructure;

b) Propagating, disseminating and raising awareness of e-commerce;

c) Training and developing e-commerce human resources;

d) Developing Developing e-commerce products and solutions;

d) Consulting on building e-commerce application plans;

e) International cooperation on e-commerce;

g) Improving management capacity and organizing e-commerce development activities;

h) Other contents.

3. The Prime Minister regulates the participants, scope of application, management mechanism, and financial support of the National E-commerce Development Program.

Thus, based on the above regulations, improving management capacity and organizing e-commerce development activities is part of the national e-commerce development program.