Decree 85 supplements and regulates foreign traders and organizations having e-commerce activities in Vietnam. Accordingly, foreign traders and organizations that have websites providing e-commerce services in Vietnam are traders or organizations with one of the following forms of operation: having a Vietnamese domain name; or the display language is Vietnamese; or have over 100,000 transactions from Vietnam in a year.
Foreign traders and organizations must carry out procedures registration with the Ministry of Industry and Trade within 12 months from the effective date of Decree 85
The Department of E-commerce and Digital Economy (Ministry of Industry and Trade) said that 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. within 12 months from the effective date of Decree 85 (Decree 85/2021/ND-CP takes effect from January 1, 2022).
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 No. 59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade providing for the management of e-commerce activities through applications on mobile devices; Circular No. 01/2022/TT-BCT dated January 18, 2022 amending and supplementing a number of articles of Circular No. 47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade providing for management e-commerce website and 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.
In addition to having to register to provide e-commerce services in Vietnam. These foreign traders and organizations must establish representative offices in Vietnam in accordance with the law or appoint their authorized representatives in Vietnam. At the same time, have the responsibility to coordinate with state management agencies in preventing transactions of goods and services in violation of the law; fulfill the obligation to protect the interests of consumers, product and goods quality in accordance with the provisions of Vietnamese law; fulfill the obligation to report to the Ministry of Industry and Trade statistical data on the operation of the previous year.
Practice shows that, since the issuance of Decree No. 52/2013/ND-CP, Vietnam’s e-commerce has had many clear changes. E-commerce has become a popular business form of enterprises and has a strong pervasive effect in the Vietnamese consumer community.
According to statistics of the Ministry of Industry and Trade, the retail e-commerce market will increase from 2.2 billion USD in 2013 to 13.7 billion USD in 2021, accounting for 6.5% of the total retail sales and consumer services of the country.
According to the report “Southeast Asian Internet Economy in 2021” by Google and Temasek, Vietnam’s Internet economy revenue in 2021 will reach 21 billion USD, up 25% compared to last year and is expected to reach 57 billion USD in 2025. With a large population potential, increasingly synchronous and developed infrastructure, Vietnam is a potential land for foreign traders and organizations to provide e-commerce services to Vietnam.
According to the Department of E-commerce and Digital Economy, the new regulation on foreign traders and organizations conducting e-commerce activities in Vietnam in Decree No. 85/2021/ND-CP is a more complete step of the legal system. , creating an equal competitive business environment between domestic and foreign service providers.
Le Kim Lien