A foreign-invested enterprise conducting e-commerce in Vietnam through a sales website must notify the Ministry of Industry and Trade of the website’s establishment if the website has online ordering functionality (Clause 1, Article 27 of Decree 52/2013/ND-CP, as amended by Decree 85/2021/ND-CP). Notification is made online via the E-Commerce Activity Management Information Portal before officially selling goods or providing services to users (Article 53 of Decree 52/2013/ND-CP, as amended by Decree 85/2021/ND-CP).
1. Must a foreign-invested enterprise selling via a website notify its e-commerce website?
Yes, if the website has online ordering functionality. Under Clause 1, Article 27 of Decree 52/2013/ND-CP (as amended by Clause 9, Article 1 of Decree 85/2021/ND-CP), traders, organizations and individuals owning a sales e-commerce website are responsible for notifying the Ministry of Industry and Trade of the website’s establishment under Section 1, Chapter IV of this Decree if the website has online ordering functionality. In addition, the website owner must: provide complete information on the website and be responsible for its accuracy; comply with regulations on protecting customers’ personal data; store transaction information under accounting law; fully perform tax obligations.
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2. What information must the website establishment notification contain?
Under Article 53 of Decree 52/2013/ND-CP (as amended by Clause 18, Article 1 of Decree 85/2021/ND-CP), the notification of establishment of a sales e-commerce website must contain the following information:
– The domain name of the e-commerce website;
– The types of goods and services introduced on the website;
– The registered name of the trader or organization owning the website;
– The head office address of the trader or organization;
– The number, issuance date and issuing place of the enterprise registration certificate;
– The name, title, personal identification document number, phone number and email address of the trader’s representative and the person responsible for the website;
– Other information as prescribed by the Ministry of Industry and Trade.
3. Is management capacity building part of the National E-Commerce Development Program?
Yes. Under the regulations on the National E-Commerce Development Program, the program’s contents include: building and improving infrastructure, improving management capacity and organizing e-commerce development activities; propaganda, dissemination and training; developing products and solutions supporting e-commerce application; advising on building e-commerce application plans; international cooperation on e-commerce. The Program is chaired by the Ministry of Industry and Trade for submission to the Prime Minister for approval.
Notes on applying current legal provisions
Decree 52/2013/ND-CP has been amended and supplemented by Decree 85/2021/ND-CP; the state management function over e-commerce belongs to the Ministry of Industry and Trade (Decree 40/2025/ND-CP, effective 01/3/2025). Enterprises should check the latest text before applying. Where advice is needed on procedures for notifying e-commerce websites, you should contact an ANT Legal lawyer at 0966.475.966.
Common risks to note
Establishing a sales website with online ordering functionality without notifying the Ministry of Industry and Trade may result in administrative sanctions in the e-commerce sector.
How can ANT Legal help?
ANT Legal supports advising on procedures for notifying and registering e-commerce websites and e-commerce legal compliance.
For quick advice, you may contact a lawyer at 0966.475.966.
