Integrated document No. 14/VBHN-BCT dated November 19, 2021 Decree on E-Commerce

DECREE

ON E-COMMERCE

The Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from July 01, 2013, is amended by:

1. The Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 providing amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, coming into force from January 15, 2018;

2. The Government’s Decree No. 85/2021/ND-CP dated September 25, 2021 providing amendments to the Government’s Decree No.52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

Pursuant to the Law on Government Organization dated December 25, 2001;

Pursuant to the Civil Code dated June 14, 2005;

Pursuant to the Law on Commerce dated June 14, 2005;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

Pursuant to the Competition Law dated December 03, 2004;

Pursuant to the Law on Consumer Protection dated November 17, 2010;

At the request of the Minister of Industry and Trade;

The Government promulgates a Decree on E-Commerce, [1]

Chapter I

GENERAL PROVISIONS

1. This Decree deals with development, application and management of e-commerce activities. E-commerce activities shall be performed in accordance with regulations herein and relevant laws, except the provisions in Clause 2 of this Article.

2. E-commerce activities in the fields of finance, banking, credit, insurance and lottery; trading and exchange of money, gold, foreign exchange and other payment facilities; betting services or games of chance; distribution and issuance of digital information products, radio and television broadcasting services which have been governed by specialized laws shall not be subject to the scope of this Decree.

Article 2. Regulated entities

1. This Decree applies to traders, organizations and individuals engaged in the e-commerce in the territory of Vietnam, including:

a) Vietnamese traders, organizations and individuals;

b) Foreigners residing in Vietnam;

c) [3]Foreign traders and organizations that carry out e-commerce activities specified in Section 5 Chapter IV of this Decree in Vietnam.

2.[4](abrogated)

Article 3. Definitions

For the purposes of this Decree, the terms below are construed as follows:

1. “e-commerce” means the conduct of some or all commerce processes using electronic media connected to the Internet, mobile telecommunications networks or other open networks.

2. “national e-commerce development program” means a set of e-commerce development contents and tasks defined in each period in order to encourage and support e-commerce application to improve business efficiency, promote domestic commercial transactions and export, and build modern e-commerce infrastructure facilities.

3. “e-document” means a contract, request, notice, certification or another document in the form of data message provided by relevant parties and related to the conclusion or execution of a contract.

E-documents referred to in this Decree exclude bills of exchange, promissory notes, bills of lading, shipping invoices, goods received notes/goods dispatch notes or any other transferable documents which allow the holders or beneficiaries to have the right to receive goods or services or be paid an amount of money.

4. “originator” means a person by whom, or on whose behalf, the e-document purports to have been created, generated or sent.  The term does not include a person acting as an intermediary with respect to that e-document.

5. “recipient” means a person who is intended by the originator to receive the e-document. The term does not include a person acting as an intermediary with respect to that e-document.

6. “automatic information system" means a system for generating, sending, receiving, or responding to data messages without human intervention or check of each performed action.

7. “business location” means a fixed establishment used for carrying out business activities, excluding temporary good or service establishments.

8. “e-commerce website” means a website established to serve part or the whole of the process of buying and selling goods or services, from displaying and introducing goods or services to concluding contract, providing services, making payment and providing after-sale services.

9. “e-commerce trading floor” means an e-commerce website that allows traders, organizations and individuals other than the website owner to conduct part or the whole of the process of buying and selling goods or services on that website.

E-commerce trading floors referred to in this Decree exclude online securities trading websites.

10. “online sales promotion website” means an e-commerce website that is established by a trader or an organization to practice sales promotion for goods and services of other traders, organizations and individuals under the terms of sales promotion service contracts.

11. “online auction website” means an e-commerce website that provides solutions for traders, organizations and individuals other than the website owner to auction their goods on the website.

12. “online ordering function” means a function set up on an e-commerce website or terminal devices of customers and connected to an e-commerce website to permit customers to begin the process of conclusion of contracts under the terms published on that website, including conclusion of contracts with an automatic information system.

13. “personal information” means the information contributing to identifying a particular individual, including his/her name, age, home address, phone number, medical information, account number, information on personal payment transactions and other information that the individual wishes to keep confidential.

The personal information referred to in this Decree excludes work contact information and other information that the individual himself/herself has published on the mass media.

14. “collection of personal information” means the act of collecting personal information of many consumers that are customers or potential customers of traders, organizations and individuals engaged in e-commerce activities, for putting in a database.

15. “e-contract certification service” means a third party’s service of storing and ensuring the integrity of e-documents created by the parties during the conclusion and execution of contracts.

16.[5] “e-commerce service” means an e-commerce activity whereby a trader or an organization providing e-commerce service sets up an e-commerce website offering environment for other traders, organizations and individuals to carry out trade promotion, sell goods or supply services.

E-commerce service providers exclude traders and organizations that only provide website design services and do not directly engage in the business, operation or coordination of activities on such websites.

Article 4. Prohibited acts in e-commerce

1. Violations of e-commerce activities:

a) [6] Taking advantage of e-commerce activities to organize multi-level marketing without holding a valid certificate of multi-level marketing registration as prescribed by the Law on management of multi-level marketing.

b) Taking advantage of e-commerce to trade counterfeit goods or goods or services infringing upon intellectual property rights, or those included in the list of goods and services banned from business;

c) Taking advantage of the name of e-commerce business to illegally mobilize capital from other traders, organizations or individuals;

d) Providing e-commerce services or monitoring, evaluation and certification services in e-commerce when these services have not been registered [7] in accordance with this Decree;

dd) Providing e-commerce services or monitoring, evaluation and certification services in e-commerce inconsistent with the information in the application for registration or licensing;

e) Committing fraudulent acts or providing false information when following procedures for notification of the setting up of an e-commerce website, registration of a website to provide e-commerce services, registration[8] of provision of monitoring, evaluation and certification services in e-commerce.

2. Violations of information on e-commerce websites:

a) Falsifying registration information or failing to comply with regulations on the form and mode of disclosure of registration information on e-commerce websites;

b) Using the logos of credit rating programs of e-commerce websites when having not been recognized by these programs;

c) Using links, logos or other technologies on e-commerce websites to cause confusion about the relationship with other traders, organizations or individuals;

d) Using a link to provide conflicting or misleading information compared with the information disclosed in the area where the website is connected with this link.

3. Violations of transactions on e-commerce websites:

a) Performing acts of deceiving consumers on e-commerce websites;

b) Falsifying information of traders, organizations or individuals in order to participate in e-commerce activities;

c) Intervening in the operation system and Internet browser in electronic equipment accessible to websites in order to force customers to stay on the websites against their will.

4. Other violations:

a) Stealing, using, revealing, transferring or selling information relating to business secrets of other traders, organizations or individuals or personal information of consumers in e-commerce without the consent of the parties concerned, unless otherwise prescribed by law;

b) Faking or copying the interfaces of e-commerce websites of other traders, organizations or individuals to make profit or to cause confusion or customer distrust in such traders, organizations or individuals.

Article 5. State management of e-commerce

1.[9] Formulate and organize the implementation of mechanisms, policies, strategies, plans and programs for e-commerce development and digital transformation in the field of e-commerce.

2. Promulgate and organize the implementation of legislative documents on e-commerce activities, standards of and regulations on e-commerce applications, and regulations on management of specific e-commerce services.

3. Manage and supervise e-commerce activities.

4. Disseminate and educate about the law on e-commerce.

5. Organize technology research, application and transfer in e-commerce.

6. Organize activities of advising and supporting enterprises to deploy and apply e-commerce.

7. Organize training and retraining of human resources for e-commerce.

8. Perform e-commerce statistics.

9. Perform international cooperation in the field of e-commerce.

10. Carry out inspection, settle complaints and denunciations, and take actions against violations in the field of e-commerce.

Article 6. Responsibility to perform state management of e-commerce

1. The Ministry of Industry and Trade shall assume responsibility before the Government for performing the state management of e-commerce.

2. Ministries, ministerial agencies and provincial People’s Committees shall, within the ambit of their assigned tasks and powers, cooperate with the Ministry of Industry and Trade in performing state management of e-commerce.

Article 7. National e-commerce development program

1. The State shall adopt appropriate policies and measures to promote the transparent and sustainable development of e-commerce through the national e-commerce development program.

2. The national e-commerce development program includes the following contents:

a) Building and developing e-commerce infrastructure;

b) Carrying out information dissemination to raise awareness of e-commerce;

c) Training and developing human resources for e-commerce;

d) Developing products and solutions of e-commerce;

dd) Providing advice on the development of e-commerce application plans;

e) Performing international cooperation on e-commerce;

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

h) Other contents.

3. The Prime Minister shall stipulate participants, scope of application, management mechanisms and provision of financial assistance for the national e-commerce development program.

Article 8. E-commerce statistics

1. Provincial People's Committees shall collect statistical data on application of e-commerce in their provinces or cities, and make annual reports to the Ministry of Industry and Trade for consolidation.

2. Traders and organizations providing e-commerce services shall periodically report on their service provision to serve the making of e- commerce statistics.

3. The Minister of Industry and Trade shall promulgate detailed regulations on statistical reporting for traders and organizations providing e-commerce services and local governments of areas where e-commerce enterprises are located.

Chapter II

CONCLUSION OF CONTRACTS IN E-COMMERCE

Section 1. E-DOCUMENTS USED IN COMMERCIAL TRANSACTIONS

Article 9. Legal validity as original documents

1. E-documents in commercial transactions are legally valid as original documents if fully meeting the following two conditions:

a) There is a reliable assurance of the integrity of information contained in e-documents from the time the information is first generated in the form of e-document;

b) Information contained in the e-document must be accessible and usable in its complete form when necessary.

2. The integrity of information is considered ensured if the information is adequate and is not yet changed, except changes in its form which occur during the exchange, storage or display of the e-document.

3. The reliable assurance is considered ensured if one of the following measures is applied on the basis of agreement between the parties exchanging and using the e-document:

a) Signing the e-document with the digital signature granted by a lawful digital signature certification service provider;

b) Storing the e-document in the system of a licensed e-contract certification service provider[10] that the parties have agreed to select;

c) There is an assurance from the trader or organization providing infrastructure for the generation, sending and storage of the e-document about the integrity of the information contained in the e-document during the sending and storage in the system;

d) Other measures as agreed upon by the parties.

Article 10. Time and places of sending and receiving e-documents

1. The time of sending an e-document is the time that e-document leaves the information system under the control of the originator or his/her representative.  In case the e-document does not leave the information system under the control of the originator or his/her representative, the sending time is the time of receiving the e-document.

2. Unless otherwise agreed by the parties, the time of receiving an e-document is the time that e-document reaches the accessible e-address indicated by the recipient.

3. The business location of the originator is regarded as the place of sending e-documents and the business location of the recipient is regarded as the place of receiving e-documents.

Article 11. Business locations of parties

1. The business location of each party is the place indicated by that party, unless the other party states that it has no business location at this place.

2. If one party has more than one business location but does not indicate any business location, the business location is the one having the closest relationship with the related contract and in light all circumstances before and at the time of conclusion of the contract.

3. For an individual having no business location, the business location is the registered place of permanent residence of that individual.

4. A place where only machinery and technological equipment of the information system used by one party for conclusion of the contract are located or a place only from which the other parties may access that information system is not regarded as a business location.

5. A place name associated with the domain name or e-mail address of a party is not necessarily related to the business location of such party.

Article 12. Notice of proposal for conclusion of contract without a specific recipient

A notice by e-document of the proposal for conclusion of contract without a specific recipient is only a notice of offer for conclusion of contract.  That notice is not regarded as a proposal for conclusion of contract, unless the notifying party specifies in the notice its responsibilities in case of receiving an acceptance reply.

Article 13. Use of automatic information system

A contract that is concluded from the interaction between an automatic information system with a person or between automatic information systems cannot be denied its legal validity on the ground of no human check or intervention in each specific action performed by the automatic information system or in the conclusion of the contract.

Article 14. Information entry errors in e-documents

1. When a person makes an error in information entry in an e-document used for communication with the automatic information system of another party but this automatic information system does not support that person to correct the error, that person or the trader, organization or individual that person represents may withdraw the erroneous part of the e-document if meeting the two following conditions:

a) As soon as being aware of the error, that person or the trader, organization or individual that person represents notifies the other party of the error, clearly stating that he/she has made an error in this e-document;

b) That person or the trader, organization or individual that person represents has not used, or has not obtained any material benefit or value from, the goods or services received from the other party.

2. The right to withdraw the erroneous part of an e-document does not affect the responsibility to deal with the consequences of arising errors not prescribed in Clause 1 of this Article.

Section 2. CONCLUSION OF CONTRACTS USING ONLINE ORDERING FUNCTION ON E-COMMERCE WEBSITES

Article 15. Notice of proposal for conclusion of contract

If an e-commerce website has the online ordering function applicable to each specific good or service introduced on that website, the introductory information about goods and services and relevant terms are regarded as a notice of proposal for conclusion of contract of the traders, organizations and individuals selling goods as prescribed in Article 12 of this Decree.

Article 16. Provision of terms of contract when using online ordering function on e-commerce websites

E-commerce websites with the online ordering function shall provide customers with information about the terms of contract specified in Articles 30 through 34 of this Decree before the time the customers send their proposals for conclusion of contract.

Article 17. Proposal for conclusion of contract

E-documents generated by customers and sent by using the online ordering function are regarded as their proposals for conclusion of contract for the goods or services associated with that online ordering function.

Article 18. Review and confirmation of contract contents

E-commerce websites must have a mechanism that permits customers to review, supplement, modify and confirm the transaction contents before using the online ordering function to send proposals for conclusion of contract.  This mechanism of review and confirmation must meet the following conditions:

1. Displaying the following information to customers:

a) Name of goods or services, quantity and type;

b) Method and time of delivery of goods or provision of services;

c) Total value of the contract and the details related to the payment method selected by the customer.

Such information must be capable of being stored and printed on the information system of customers and being displayed later.

2. Displaying to customers information about the way of responding to the proposal for conclusion of contract and time limit for responding to the proposal for conclusion of contract.

3. Permitting customers to cancel transactions or confirm the proposal for conclusion of contract after reviewing the above information.

Article 19. Response to proposal for conclusion of contract

1. Response to accept or reject the proposal for conclusion of contract must be done in appropriate forms so that the information can be stored, printed and displayed in the customer’s information system.

2. Upon responding to accept the proposal for conclusion of contract, the trader, organization or individual selling goods shall provide customers with the following information:

a) List of all goods or services that customers have ordered, the quantity and price of each product, and total value of the contract;

b) Time of delivery of goods or provision of services;

c) Contact information for customers to inquire about the status of contract performance when necessary.

Article 20. Termination of proposal for conclusion of contract

1. In case the trader, organization or individual selling goods has announced a time limit for response to proposals for conclusion of contract, if this time limit expires without any response to the customer, the customer’s proposal for conclusion of contract is regarded as no longer valid.  The response of acceptance after this time limit is regarded as another proposal for conclusion of contract from the trader, organization or individual selling goods.

2. In case the trader, organization or individual selling goods does not announce any time limit for response to proposals for conclusion of contract, if within 12 (twelve) hours from the time of sending a proposal for conclusion of contract, the customer receives no response to his/her proposal, this proposal is regarded as no longer valid.

Article 21. Time of conclusion of contract when using online ordering function on e-commerce websites

The time of conclusion of contract when the online ordering function on e-commerce websites is used is the time the customer receives the response from the trader, organization or individual selling goods to accept the proposal for conclusion of contract as prescribed in Clause 2 Article 19 of this Decree.

Article 22. Procedures for termination of contracts on e-commerce services and other online services

1. Websites providing e-commerce services and websites providing other online services shall provide online tools for customers to send notices of contract termination when they no longer need to use services.  This tool must satisfy the following conditions:

a) Allowing customers to store and display notices of contract termination in their information systems after sending these notices;

b) Having a feedback mechanism so that customers know that their notices of contract termination have been sent.

2. Websites providing e-commerce services and websites providing other online services shall transparently and completely disclose information on the process and procedures for contract termination, including the following contents:

a) Cases in which the trader, organization or individual provides the contract termination service and the mode of dealing with consequences of this contract termination;

b) The time of termination of contract validity and the method of paying service charges in case the customer terminates the contract;

c) If the website does not announce the time of termination of contract validity in case the customer terminates the contract, the time when the customer sends the notice is regarded as the time of contract termination.

Article 23. Conclusion of contracts on goods purchase e-commerce websites

The Ministry of Industry and Trade shall provide in detail the process of online conclusion of contracts on e-commerce websites developed by traders, organizations or individuals to purchase goods and services.

Chapter III

E-COMMERCE ACTIVITIES

Article 24. Subjects of e-commerce activities

The subjects involved in e-commerce activities include:

1.[11] Traders, organizations or individuals that set up e-commerce websites to serve their commercial promotion, sale of goods or supply of services (owners of sales e-commerce websites).

2.[12] E-commerce service providers.

3. Traders, organizations or individuals that use websites of e-commerce service providers to serve their commercial promotion, sale of goods or service provision (sellers).

4. Traders, organizations or individuals that purchase goods or services on sales e-commerce websites and e-commerce service provision websites (customers).

5.[13] Traders and organizations providing technical infrastructure, logistics and other auxiliary services for e-commerce activities.

6. Traders, organizations or individuals that use electronic equipment connected to other networks for carrying out commercial activities.

Article 25. Forms of organization of e-commerce activities

1.[14] Sales e-commerce websites are e-commerce websites that are established by traders, organizations or individuals to serve their commercial promotion, sale of goods or supply of services.

2. E-commerce service provision website is an e-commerce website developed by traders or organizations to provide an environment for other traders, organizations or individuals to conduct their commercial activities. The e-commerce service provision websites include the following types:

a) E-commerce trading floor;

b) Online auction website;

c) Online promotion website;

d) Other types of website as stipulated by the Ministry of Industry and Trade.

3. With the applications installed on electronic devices connected to the network that allow users to access the databases of other traders, organizations and individuals to purchase and sell goods, provide or use services, depending on the utilities of these applications, traders or organizations shall comply with this Decree’s provisions on sales e-commerce websites or e-commerce service provision websites.

4. The Ministry of Industry and Trade shall stipulate e-commerce activities conducted on the mobile telecommunications network.

Article 26. Principles of e-commerce activities

1. Principle of free and voluntary agreement in e-commerce transactions

The parties to e-commerce activities are free to reach agreement not contrary to the provisions of law to establish the rights and obligations of each party in the transaction.  This agreement is a ground for the settlement of disputes arising in the transaction process.

2. Principles of determination of the scope of business in e-commerce

If traders, organizations or individuals conducting their activities of sales, service provision or commercial promotion on e-commerce websites do not specify geographical limits of these activities, these activities are regarded to be conducted on a national scale.

3. Principles of determination of the obligation to protect consumer interests in e-commerce

a) The owners of sales e-commerce websites and the sellers on e-commerce service provision website shall comply with the Law on Protection of Consumer Interests when providing the goods or services to customers;

b) The customers on e-commerce service provision websites are e-commerce service consumers and consumers of goods and services provided by the sellers on these websites;

c) [15] If the e-commerce service provider provides information about a seller’s goods and/or services on its e-commerce website to consumers, it shall be considered as a third party in providing information in accordance with regulations of the Law on Protection of Consumer Interests.

4.[16] Principles of trading in goods and provision of services restricted from trading or subject to certain business conditions through e-commerce

E-commerce trading in goods or provision of services restricted from trading or subject to certain business conditions must comply with relevant regulations and laws.

5.[17] Entities performing e-commerce activities shall also comply with regulations of the Law on cyberinformation security, the Law on cybersecurity and relevant laws.

Section 1. ACTIVITIES OF SALE E-COMMERCE WEBSITES

Article 27. Responsibilities of traders, organizations or individuals that own sales e-commerce websites

1.[18] Notify the Ministry of Industry and Trade of the establishment of sales e-commerce website as prescribed in Section 1 Chapter IV of this Decree if the website has online ordering functions.

2. Fully provide information on the website under the provisions of this Section and take responsibility for the accuracy and adequacy of information.

3. Comply with the provisions on the protection of customer personal information specified in Section 1 Chapter V of this Decree.

4. Comply with the provisions in Section 2 Chapter II of this Decree if the website has the online ordering function.

5. Comply with the provisions in Section 2 Chapter V of this Decree if the website has the online payment function.

6. Provide information about the situation of their business at the request of a competent authority to serve the making of e-commerce statistics, inspection, examination and handling of violations in e-commerce.

7.[19] Retain information on transactions conducted on e-commerce websites in accordance with regulations of the Law on accounting; fulfill tax obligations as prescribed by laws.

Article 28. Provision of information on sales e-commerce websites

1. Sales e-commerce websites must fully provide information about the owners of the websites, goods and services and terms of sales and purchase contracts applicable to goods and services introduced on the websites as specified in Articles 29 through 34 of this Decree.

2. Such information must satisfy the following requirements:

a) Being obvious, accurate, searchable and understandable;

b) Being arranged in the corresponding sections on the website and accessible online;

c) Being storable, printable and displayable later;

d) Being displayed clearly to customers before the time they send a proposal for conclusion of contract.

dd) [20] Publishing on the homepage of the website links to the information specified in Article 32, Article 33, Article 34 of this Decree if the website has online ordering function.

Article 29. Information about website owners

Traders, organizations or individuals that own sales e-commerce websites shall publish the following minimum information on the website homepage:

1. Name and address of the head office of the trader or organization or name and address of permanent residence of the individual.

2. Number, date and place of issuance of the business registration certificate of the trader or the number, date of issuance and issuer of the organization’s establishment decision or individual’s personal tax identification number.

3.[21] Telephone number or another method of online contact for receiving feedbacks about quality of goods/services.

1. Sellers must provide information about their goods/services introduced on websites to customers so that they can accurately determine properties of goods/services and avoid misunderstanding when making decisions to make proposals for conclusion of contracts.

2. Information about goods published on websites must include required information shown on labels of goods as prescribed by the Law on labeling of goods, except distinguishing characteristics of each product such as date of manufacture, expiry date, lot number, chassis number or engine number.

3. A seller of goods/services subject to certain business conditions must publish information about number, issue date and issuing authority of the license, certificate of eligibility, certification, confirmation or another document type as prescribed by relevant laws on business conditions for trading of such goods/services.

Article 31. Information about price

1. Information on prices of goods or services, if any, must be made clear that prices are inclusive or exclusive of the costs related to the purchase of goods or services, such as taxes, packing cost, shipping cost and other arising costs.

2. Unless otherwise agreed by the parties, if the information about the prices of goods or services listed on the website does not clearly indicate the price is inclusive or exclusive of the costs related to the purchase of goods or services such as tax, packing cost, shipping cost and other arising costs, the price is understood to have included all the above costs.

3. For services on e-commerce service provision websites specified in Sections 2 and 4 of this Chapter, the websites must publish detailed information about the method of calculation of service charge and payment mechanism.

Article 32. Information about general trading conditions

1. Traders, organizations or individuals shall publish the general trading conditions for goods or services introduced on the website, including:

a) Conditions or restrictions on the provision of goods or services, such as limits on time or geographic scope, if any;

b) [23] Policies on inspection of goods; policies on return of goods, including time limit and methods for returning or changing goods, methods for money refund and refund fees;

c) Product warranty policy, if any;

d) Service standards, service provision process, charge tariff and other terms related to the provision of services, including conditions and restrictions, if any;

dd) The seller’s obligations and customer’s obligations in each transaction.

2. The general trading conditions must have a font color contrast with the background color of the website on which the general trading conditions are posted and the languages expressing the general trading conditions must include Vietnamese.

3. In case the website has the online ordering function, the seller must have a mechanism for customers to read and express their consent to the general trading conditions before sending a proposal for conclusion of contract.

Article 33. Information about shipment and delivery

1. Traders, organizations or individuals shall publish the following information about the conditions for shipment and delivery of goods or services introduced on the website:

a) Method of delivery of goods or provision of services;

b) Estimated time limit for the delivery of goods or provision of services, taking into account the geographical distance and method of delivery;

c) Geographical limits of the delivery of goods or provision of services, if any.

d) [24] Delegation of responsibility of logistics service providers to provide documents on goods during delivery of goods.

2. In case of delay in the delivery of goods or provision of services, traders, organizations or individuals shall promptly notify customers thereof and create opportunities for them to cancel the contracts if so wished.

Article 34. Information about payment methods

1. Traders, organizations or individuals shall disclose all payment methods applicable to goods or services introduced on the website, together with clear and accurate explanations so that customers can understand and choose the appropriate payment method.

2. If the e-commerce website has the online payment function, traders, organizations or individuals shall create a mechanism for customers to use this function to review and confirm detailed information about each transaction before making the payment.

Section 2. OPERATION OF E-COMMERCE TRADING FLOORS

Article 35. Provision of e-commerce trading floor services

1. Traders or organizations that provide e-commerce trading floor services are traders or organizations setting up e-commerce websites for other traders or organizations to conduct a part or the whole of the process of sale and purchase of goods and services on these websites.

2.[25] Forms of operation of e-commerce trading floors:

a) A website that allows its members to open booths for displaying/promoting their goods or services;

b) A website that allows its members to open accounts to carry out the conclusion of contracts with customers;

c) A website that has specific trading categories or tabs allowing its members to post listings of goods and services;

d) A social network that operates in one of the forms specified in Points a, b, c of this Clause and makes its members directly or indirectly pay fees for carrying out such activities.

3. Websites operating as goods exchanges:

a) Traders or organizations setting up e-commerce websites that permit participants to sell and purchase goods according to the method of goods exchange must have a license for goods exchange establishment and shall comply with regulations on the goods exchange;

b) The Ministry of Industry and Trade shall specify the mechanism of monitoring and connection of transaction information between the state authorities and the goods exchange and other requirements on the operation of the website operating as a goods exchange.

Article 36. Responsibilities of traders or organizations providing e-commerce trading floor services

1.[26] Apply for establishment of a website providing e-commerce trading floor services as prescribed in Section 2 Chapter IV of this Decree and publish information about the website owner as prescribed in Article 29 of this Decree on the website’s homepage.

2. Develop and publish on the website regulations on operation of the e-commerce trading floor under Article 38 of this Decree; monitor the e-commerce trading floor and ensure the implementation of these regulations.

3.[27] Request sellers on the e-commerce trading floor to provide information as prescribed in Article 29 of this Decree when they apply for use of services. Foreign sellers must transcribe specific names into Vietnamese or Latin characters.

4. Apply a mechanism of examination and monitoring to ensure the seller’s information provided on the e-commerce trading floor is correct and adequate.

5. Store the registration information of traders, organizations or individuals participating in the e-commerce trading floor and regularly update relevant changed or supplemented information.

6. Establish a mechanism to permit traders, organizations or individuals participating in the e-commerce trading floor to perform the process of conclusion of contract as specified in Section 2 Chapter II of this Decree if the website has the online ordering function.

7. Apply necessary measures to ensure the safety of information relating to business secrets of traders, organizations or individuals and consumers’ personal information.

8.[28] Take timely remedial actions when detecting or receiving reports about any business acts in violation of laws on the e-commerce trading floor. To be specific:

a) Prevent and remove from the website information on goods/services included in the list of banned goods and services or the list of banned business lines as prescribed by law;

b) Remove information on goods/services in violation of laws within 24 hours from the receipt of the request from a competent authority;

c) Cooperate with holders of intellectual property rights to review and remove products infringing intellectual property rights according to procedures announced in Regulations on operation of the e-commerce trading floor;

d) Give warnings or refuse to provide services for a fixed or indefinite term to individuals, traders or organizations that violate the laws;

dd) Take other measures as specified in Regulations on operation of the e-commerce trading floor.

9.[29] Assist state authorities in carrying out investigations and taking actions against business acts in violation of laws and settling disputes and complaints. To be specific:

a) Provide information about entities showing signs or acts in violation of laws on the e-commerce trading floor to competent authorities when detecting or receiving such information;

b) Frequently update keywords as recommended by competent authorities and filter information on goods/services using such keywords before publishing it on the website;

c) Receive and respond to complaints, feedbacks and disputes about the e-commerce trading floor on the E-Commerce Management Portal of the Ministry of Industry and Trade (online.gov.vn).

10. Publicly announce the mechanism to settle disputes arising during transactions on the e-commerce trading floor. When customers on the e-commerce trading floor have conflicts with the sellers or their lawful interests are damaged, to provide customers with information about the sellers and actively assist customers in protecting their rights and legitimate interests.

11.[30] With regard to an e-commerce trading floor that has online ordering functions, in addition to the abovementioned obligations, the e-commerce trading floor service provider must also:

a) Appoint a contact point to receive requests and provide information online to regulatory authorities about the entities denoting violations against laws. This contact point shall provide information within 24 hours from the receipt of the request to promptly serve the inspection, handling of violations, complaints and denunciations;

b) Represent foreign sellers on the e-commerce trading floor in settling consumers’ complaints about goods/services provided by such foreign sellers and notify tax obligations to be fulfilled by such foreign sellers when performing trading activities on the e-commerce trading floor in accordance with the law of Vietnam; 

c) Act as the contact point to receive and settle complaints from consumers if a transaction conducted on the e-commerce trading floor involves more than 02 parties;

d) Retain information about ordering transactions conducted on the e-commerce trading floor in accordance with regulations of the Law on accounting;

dd) Jointly make compensation for damage in case of failure to fulfill the obligations in Clause 8 and Clause 9 of this Article resulting in damage.

Article 37. Responsibilities of sellers on e-commerce trading floor

1. Fully and accurately provide information specified in Article 29 of this Decree to traders or organizations providing e-commerce trading floor services upon registration for service use.

2. Provide complete information about the goods or services as specified in Articles 30 through 34 of this Decree when selling goods or providing services on the e-commerce trading floor.

3. Ensure the accuracy and truthfulness of information about the goods or services provided on the e-commerce trading floor.

4. Implement the provisions in Section 2 Chapter II of this Decree upon application of the online ordering function on the e-commerce trading floor.

5. Provide information about the situation of their business at the request of competent authorities to serve the making of e-commerce statistics.

6. Comply with the laws on payment, advertising, promotion, protection of intellectual property rights, protection of consumer interests and other relevant laws when selling goods or providing services on the e-commerce trading floor.

7. Fulfill tax obligations as prescribed by law.

Article 38. Regulations on operation of e-commerce trading floor

1. Regulations on operation of the e-commerce trading floor must be displayed on the website homepage.

2. Regulations on operation of the e-commerce trading floor must include the following contents:

a) Rights and obligations of the trader or organization providing e-commerce trading floor services;

b) Rights and obligations of users of e-commerce trading floor services;

c) [31] If the e-commerce trading floor combines different forms of operation, description of trading procedures of each form of operation, including delivery procedures (if any) is required;

d) Reviewing operation and handling competence of the trader or organization providing e-commerce trading floor services upon detection of business acts in violation of the law on the e-commerce trading floor;

dd) [32] Rights and obligations of the parties in transactions conducted on the e-commerce trading floor; in case a transaction involves more than 02 parties, responsibilities of the seller of goods and supplier of services must be clearly determined;

e) Limitations on the responsibilities of the trader or organization providing e-commerce trading floor services in transactions conducted on the floor;

g) [33] Provisions on information security, mechanisms for inspection to ensure provision and management of information on the e-commerce trading floor;

h) Mechanism of settlement of complaints and disputes between parties related to the transactions conducted on the e-commerce trading floor;

i) Policies on protection of personal information of users of e-commerce trading floor services specified in Article 69 of this Decree;

k) Measures to handle infringements upon consumer interests on the e-commerce trading floor;

l) Measures to handle violations committed by people who do not comply with the regulations on operation of the e-commerce trading floor.

m) [34] Division of responsibility to provide documents on goods between the seller, e-commerce trading floor service provider and logistics service provider in case a contract for use of third party’s logistics service is concluded;

n) [35] Procedures for cooperation with holders of intellectual property rights to review and remove products infringing intellectual property rights on operation of the e-commerce trading floor;

o) [36] General provisions applied to all transactions conducted on the e-commerce trading floor in respect of inspection of goods, return and change of goods, money refund (including cases of money refund, procedures and methods of refunding money to customers) in case the e-commerce trading floor has online ordering functions.

3. When there is any change in one of the contents specified in Clause 2 of this Article, the trader or organization providing e-commerce trading floor services shall notify all users of e-commerce trading floor services at least 5 days prior to application of such change.

Section 3. OPERATION OF ONLINE PROMOTION WEBSITES

Article 39. Provision of online promotion services

1. Traders or organizations providing online promotion services are those that set up online promotion websites to promote goods and services of other traders, organizations or individuals (referred to as partners) under the terms of the contract on promotion services.

2. Forms of online promotion service:

a) Selling goods vouchers and service vouchers so that customers can buy goods or use services of the partners at preferential prices or with other benefits;

b) Selling frequent customer cards to enable customers to use goods or services from a network of partners at preferential prices or with other benefits compared with those upon purchase of goods and services of each individual partner;

c) Other forms of online promotion services stipulated by the Ministry of Industry and Trade.

Article 40. Information about promotion activities on online promotion websites

1. Information about each promotion activity posted on online promotion websites must include the following contents:

a) Name, address, phone number and other contact information of the trader, organization or individual having goods or services to be promoted;

b) Descriptions of goods or services to be promoted and goods or services used for promotion, including information about the origin of goods, specifications and quality of goods or services;

c) Promotion period, starting date, ending date and area of promotional activities;

d) Prices of goods and services provided before the time of promotion;

dd) Total actual costs which customers must pay to possess the goods and use the services promoted, including the costs paid to the trader or organization providing the online promotion services;

e) Specific contents of conditions associated with the promotion of goods or services.

2. If the website has a mechanism for receiving online comments or feedback from customers about the goods or services promoted, these comments must be publicly displayed on the website so that other customers can see them.

Article 41. Responsibilities of traders or organizations providing online promotion services

1. Register the set-up of online promotion service provision websites as prescribed in Section 2 Chapter IV of this Decree.

2. Comply with provisions of the Law on Commerce and relevant laws on promotional activities.

3. Comply with the provisions on protection of customer personal information specified in Section 1 Chapter V of this Decree.

4. Comply with provisions in Section 2 Chapter II of this Decree if the website has the online ordering function for goods vouchers and service vouchers or frequent customer cards.

5. Comply with the provisions in Section 2 Chapter V of this Decree if the website has the online payment function.

6. Fully publish contents specified in Article 40 of this Decree in each promotional information posted on their websites.

7. Develop and publish on their website the regulations on operation and comply with provisions in Article 38 of this Decree.

8. Develop and publish on their website the mechanism of receipt and settlement of customer’s complaints about quality of goods or services promoted or goods or services used for promotion.

9. Take responsibility of the third party in providing information on goods or services for consumers in accordance with the Law on Protection of Consumer Interests.

10. Pay compensations to customers if the goods vouchers, service vouchers or frequent customer cards that they have issued are denied by their partners contrary to the conditions published on their websites or on those goods vouchers, service vouchers or frequent customer cards.

Article 42. Responsibilities of traders, organizations or individuals having goods or services promoted

1. Fully and accurately provide information about the goods or services promoted.

2. Properly implement commitments to the quality of goods or services promoted according to the information provided.

Article 43. Contract on promotion services

1. A contract on promotion services between a trader or organization providing the online promotion services with a trader or an organization or individual having goods or services promoted shall comply with provisions in Article 90 of the Law on Commerce, and must have the following contents:

a) Division of responsibilities between the parties in the implementation of the order and procedures for carrying out promotional activities in accordance with the law on promotion;

b) Specific obligations to settle complaints and pay compensations to customers in case the goods or services promoted or goods or services used for promotion are not consistent with the announced or committed contents.

2. Traders or organizations providing online promotion services shall perform the obligations specified at Points a and b Clause 1 of this Article if the contract on promotion services does not specify the above contents.

Section 4. OPERATION OF ONLINE AUCTION WEBSITES

Article 44. Provision of online auction services

1. Traders and organizations providing online auction services (below collectively referred to as online auction service providers) are those that set up online auction websites for other traders, organizations or individuals to organize auctions of their goods on those websites.

2.[37](abrogated)

Article 45. Requirements on technical system serving online auctions

1. A technical system serving online auctions must have at least the following functions:

a) Recording and storing all bids made in an auction;

b) After an auction begins, once every 30 (thirty) seconds showing the recorded highest bid and its bidder on the website for all auction bidders to see.

2. In case the system does not allow auction bidders to retract bids that they have made, it must have a clear notification thereof to auction bidders’ right before the time of the auction. The notification must state specific responsibilities of auction bidders that make bids but refuse to purchase auctioned goods.

Article 46. Responsibilities of traders or organizations providing online auction services

1. Register their online auction websites as prescribed in Section 2 Chapter IV of this Decree.

2. Perform the responsibilities prescribed in Article 36 of this Decree.

3. Establish online auction methods and process.

4. Build technical systems to serve online auctions for goods sellers to organize auctions by the established methods and process.

5. Provide online tools for goods sellers to publicly, adequately and accurately notify and post necessary information relevant to auctioned goods.

6. Provide online tools for goods sellers to display images of goods and goods samples or documents introducing goods for auction bidders’ consideration.

7. Provide goods sellers with information on developments of auctions organized by goods sellers when so requested.

8. Make notices of auction results and send them to goods sellers and purchasers and related parties as prescribed in Article 51 of this Decree.

9. Take responsibility in case errors of the technical system make an auction unable to proceed:

a) If the errors of the technical system make an auction unable to begin at the time the seller expects to organize such auction, the online auction service provider shall refund the seller all expenses for the organization of the auction which the latter has paid to the former;

b) If the errors of the technical system make auction bidders unable to continue making bids after the auction begins, the online auction service provider shall cancel the auctions result and allow the seller to organize a new auction, and concurrently bear all expenses related to the new auction.

Article 47. Responsibilities of sellers on online auction websites

1. Publicly, adequately and accurately notify and post necessary information relating to auctioned goods.

2. Announce reserve prices; asking price, if any.

3. Take responsibility for the quality and specifications of auctioned goods.

4. Settle purchasers’ complaints about auctioned goods.

5. Not to sell goods which are pledged or mortgaged items or subject to disputes.

6. Perform other responsibilities prescribed in Article 37 of this Decree.

Article 48. Auction venues and time

1. Auction venues are registered places of permanent residence or offices of sellers.

2. Auction time is decided by sellers.

3. Time of making a bid by an auction bidder is the time of sending an e-document notifying a certain bid made in an auction.

4. Time of recording a made bid is the time when the information system of the trader or organization providing online auction service receives an e-document notifying a bid made by an auction bidder.

Article 49. Notification of goods auction

A notification of goods auction must be made on an online auction website and contain the following details:

1. Starting time of auction.

2. Ending time of auction.

3. Contact information of the seller.

4. Necessary information about the goods.

5. Reserve price.

6. Asking sale price, if any.

7. Payment deadline and method.

8. Deadline and method of delivery of goods to the purchaser after the auction ends.

9. In case the auctioned goods are subject to ownership registration as prescribed by law, the notification of goods auction must contain the following additional details:

a) Time and place for goods display;

b) Time and place for reference to goods documents;

c) Time and place for goods purchase registration;

d) Time and method of carrying out procedures for goods ownership transfer.

Article 50. Identification of goods purchasers

1. For an ascending-bid auction, the goods purchaser is the first bidder who has the last bid higher than that of the previous bidder and higher than the asking price and recorded by the information system of the trader or organization providing online auction services before the end of the auction.

2. For a descending price auction, the goods purchaser is the first bidder who accepts the reserve price or a price lower than the reserve price and that is recorded by the information system of the trader or organization providing online auction services before the end of the auction.

3. Where many bidders simultaneously make their last bids in an ascending price auction or their first bids in a descending price auction, the seller shall organize for these bidders to draw the purchaser.

Article 51. Notification of auction results

1. Traders and organizations providing online auction services shall make notifications of goods auction results immediately after the end of auctions, even when auctions are unsuccessful.

2. A notification must clearly provide information on the goods, the last bid and the time when the system receives the last bid, and contact information of the purchaser.

3. For goods which are subject to ownership registration as prescribed by law, notifications of auction results serve as the basis for establishing contracts on sale and purchase of auctioned assets and carrying out relevant procedures for transfer of ownership over these goods.

4. Notifications of auction results will be sent to electronic addresses of goods sellers and purchasers registered with traders or organizations providing online auction services.

5. Where many bidders simultaneously make their last bids in an ascending price auction or their first bids in a descending-bid auction, the system must send notifications to all these bidders and request them to organize a draw to the purchaser. The form of decide drawing is decided by the seller.

Chapter IV

MANAGEMENT OF E-COMMERCE ACTIVITIES

Section 1. MANAGEMENT OF SALES E-COMMERCE WEBSITES

Article 52. Conditions for setting up sales e-commerce websites

Traders, organizations or individuals may set up sales e-commerce websites if satisfying the following conditions:

1.[38] Being traders, organizations or individuals issued with personal tax identification numbers.

2.[39](abrogated)

3. Having notified the Ministry of Industry and Trade of the set-up of sales e-commerce websites under Article 53 of this Decree.

Article 53. Procedures for notification of set-up of sales e-commerce websites

1.[40] Traders, organizations and individuals shall give online notification to the Ministry of Industry and Trade of their establishment of sales e-commerce websites through the E-Commerce Management Portal before selling goods or providing services to consumers.

2. Information to be notified includes:

a) Domain name of the e-commerce website;

b) Types of goods and services to be introduced on the website;

c) Registered name of the trader or organization or name of the individual owning the website;

d) Address of the office of the trader or organization or address of permanent residence of the individual;

dd) Number, date and place of issuance of the business registration certificate of the trader, or number, date of grant and granting agency of the establishment decision of the organization; or personal tax identification number of the individual;

e) Names, titles, identity card numbers, telephone numbers and e-mail addresses of the representative of the trader and person responsible for the e-commerce website;

g) Other information as prescribed by the Ministry of Industry and Trade.

Section 2. MANAGEMENT OF E-COMMERCE SERVICE PROVISION WEBSITES

Article 54. Conditions for setting up e-commerce service provision websites

Traders and organizations may set up e-commerce service provision websites specified in Sections 2, 3 and 4, Chapter III of this Decree when fully satisfying the following conditions:

1.[41] Being traders or organizations that are duly established in accordance with regulations of law.

2.[42](abrogated)

3. Having a service provision plan clearly stating the followings:

a) [43] Model of organization and operation, including service provision, service promotion and marketing both online and offline; logistics services.

b) [44](abrogated)

c) Rights and responsibilities of the trader or organization providing e-commerce services and service users.

4. Having registered for setting up e-commerce service provision websites and having their registrations certified by the Ministry of Industry and Trade under Articles 55 and 58 of this Decree.

Article 55. Procedures for registration for setting up e-commerce service provision websites

1. Traders and organizations shall make registrations online with the Ministry of Industry and Trade for setting up e-commerce service provision websites after their websites have been completed with adequate structure, utilities and information according to service provision plans, and operating at registered addresses of domain names, and before officially providing services to users.

2. A registration dossier comprises:

a) An application for registration for setting up an e-commerce service website;

b) [45] Copy extracted from master register or certified true copy or copy presented with its original for verification purpose of the establishment decision (of the organization) or the electronic copy from master register or electronic certified true copy; business registration certificate or enterprise registration certificate (of trader), business license (of foreign investor or foreign-invested business entity);

c) The service provision plan as prescribed in Clause 3 Article 54 of this Decree;

d) Regulations on operation management of the e-commerce service website in compliance with this Decree and relevant laws;

dd) Model service provision contract and general trading conditions, if any;

e) Other documents prescribed by the Ministry of Industry and Trade.

Article 56. Registration modification, re-registration, and deregistration

1. A trader or organization that sets up an e-commerce service website shall notify the modification or supplementation of registered information when having one of the following changes:

a) Change of the name of the trader or organization;

b) Change of the representative of the trader or the person responsible for the e-commerce service website;

c) Change of the transaction bureau address or contract information;

d) Change of the domain name;

dd) Change in the transaction regulations and conditions on the e-commerce service website;

e) Change in terms of the service provision contract;

g) Change or addition of services to be provided on the website;

e) Other changes as prescribed by the Ministry of Industry and Trade.

2. When receiving transferred e-commerce service provision websites, traders and organizations shall make re-registration under Article 55 of this Decree.

3. An e-commerce service website is deregistered in the following cases:

a) At the request of the trader or organization providing e-commerce services;

b) The trader or organization providing e-commerce services ceases its operation or transfers its e-commerce service website to another trader or organization;

c) The e-commerce service website fails to commence operation within 30 (thirty) days after its registration or sends no feedback at the request of a state authority;

d) The trader or organization providing e-commerce services has the registration revoked under Clause 2 Article 78 of this Decree;

dd) Other cases as prescribed by the Ministry of Industry and Trade.

Article 57. Reporting

Before January 15 every year, traders and organizations providing e-commerce services shall provide the Ministry of Industry and Trade with statistical reports on their operations in the preceding year under Article 8 of this Decree.

Article 58. Authority to approve registration

1. The Ministry of Industry and Trade shall certify registrations of e-commerce service provision websites.

2. The Ministry of Industry and Trade shall specify requirements on the content of dossiers, order and procedures for registration, modification or supplementation of registration and deregistration of e-commerce service provision websites.

Article 59. Disclosure of registration information

1. Right after having their registrations certified, e-commerce service provision websites may post the “registered” icon on their homepages. Clicking on this icon, users will be linked to the section of registration information of traders or organizations providing e-commerce services at the E-Commerce Management Portal.

2. The Ministry of Industry and Trade shall publish the list of e-commerce service provision websites which have been registered, or deregistered, or have their registrations invalidated on the E-Commerce Management Portal and on other mass media.

Section 3. RATING, SUPERVISION AND CERTIFICATION IN E-COMMERCE

Article 60. General principles

1.[46] Traders and organizations performing rating of e-commerce websites or providing electronic contract certification service must apply for registration of their services with the Ministry of Industry and Trade.

2.[47]  (abrogated)

Article 61. Credit rating of e-commerce websites

1. Conditions for conducting credit rating of e-commerce websites:

a) [48] Being a trader or an organization established under the law of Vietnam;

b) Being organizationally and financially independent from traders, organizations or individuals owning e-commerce websites to be rated;

c) Having a set of criteria and process for rating e-commerce websites which are publicly and transparently announced and uniformly applicable to to-be-rated subjects;

d) Having registered the operation of credit rating of e-commerce websites with the Ministry of Industry and Trade and having its registration certified.

2. A trader or an organization that conducts credit rating of e-commerce websites is deregistered in the following cases:

a) It is found to have deceptive acts or provide false information when following registration procedures;

b) It fails to strictly observe the publicly announced credit rating process and criteria;

c) It takes advantage of credit rating for earning illicit profits.

3. The Ministry of Industry and Trade shall specify the operation of credit rating of e-commerce websites, the content of dossiers, order and procedures for registration, registration modification, or invalidation, and deregistration of traders and organizations engaged in this operation.

4. Obligations of traders and organizations conducting credit rating of e- commerce websites:

a) Supervise operations of e-commerce websites having the credit icon;

b) Closely cooperate with state authorities in inspecting, examining and handling e-commerce websites having the credit icon which show signs of law violation;

c) Before the 05th day every month, report to the Ministry of Industry and Trade on the updated list of e-commerce websites having the credit icon by the end of the preceding month;

d) Before the 15th day of January every year, report to the Ministry of Industry and Trade on the operation of credit rating of e-commerce websites in the preceding year.

1. Eligibility requirements to be satisfied to provide electronic contract (e-contract) certification service:

a) The applicant is a trader or an organization established in accordance with the law of Vietnam;

b) The applicant has a Scheme for service provision which is made using the form provided in Clause 8 of this Article and appraised by the Ministry of Industry and Trade, and, inter alia, includes the following primary contents:

- Details of the trader or organization, including: experience and capacity qualified for provision of e-contract certification service;

- Description of the technical plan on provision of e-contract certification service, including:  description of the information technology system; description of technical plan on technological solutions, process of operation and certification of e-contracts, including retention plan which must ensure the integrity of data of electronic documents, plan for identification and electronic certification of the parties involving in e-contract certification as prescribed by law, plan for searching for certified e-contracts on the system; plan for ensuring security of e-contract certification service and customers’ information confidentiality; technical plan for maintaining and remedying e-contract certification operations when the system malfunctions.

2. Obligations of an e-contract certification service provider:

a) Assume responsibility for confidentiality and integrity of electronic documents retained and certified;

b) Provide documents and assist competent authorities in investigating into acts of violation against regulations of laws on electronic documents certified and retained;

c) Publicly announce Regulations on provision of e-contract certification which include required contents as prescribed by the Ministry of Industry and Trade;

d) Make connections to the E-Commerce Management Portal, and submit reports to the Ministry of Industry and Trade on provision of e-contract certification service as requested.

3. Application for registration:

a) The application form for registration of provision of e-contract certification service;

b) Copy extracted from master register or certified true copy or copy presented with its original for verification purpose of the establishment decision (of the organization) or enterprise registration certificate or investment certificate (of trader);

c) The Scheme on provision of e-contract certification service as prescribed in Point b Clause 1 of this Article.

4. Registration process

a) Submission, receipt and processing of application for registration of provision of e-contract certification service by the Ministry of Industry and Trade shall be made online through the E-Commerce Management Portal at www.online.gov.vn;

b) For declaration of information, the trader or organization shall access the E-Commerce Management Portal and follow the following 05 steps:

Step 1: The applicant shall apply for a user account on the system by providing the following information:  the applicant’s name; business registration number (if the applicant is a trader) or number of establishment decision (if the applicant is an organization); applicant’s headquarters address; contact information, including telephone number, fax and email.

Step 2: Within 03 working days from the date of provision of information in Step 1, the applicant shall receive a response from the Ministry of Industry and Trade through the registered email with one of the following contents:

- If the information provided when applying for a user account is adequate, the applicant shall be issued with a user account for accessing the system and follow Step 3;

- If the application for a user account is refused or additional information is requested, the applicant shall repeat registration procedures or provide additional information as requested. 

Step 3: The applicant shall access the system using the issued user account, select the function “Registration of provision of e-contract certification service”, fill in the form and attach application for registration. 

Step 4: Within 20 working days from the date of completion of Step 3, the applicant shall receive a response from the Ministry of Industry and Trade through the registered email with one of the following contents:

- Give certification that the application is adequate and valid, and request the applicant to follow Step 5;

- Notify that the application is invalid or request the applicant to provide additional information.  In such case, the applicant shall repeat Step 3 or provide additional information as requested.

Step 5: After receiving a certification that the application is adequate and valid, the applicant shall provide a complete application (including physical documents) to the Ministry of Industry and Trade (through Vietnam E-commerce and Digital Economy Agency).

c) The applicant shall monitor the application processing status via their email or by accessing the system using the issued user account to update and correct information as requested;

d) Within 30 days from the receipt of the receipt of the request for additional information in Step 4 as prescribed in Point b of this Clause, if the applicant fails to provide additional information as requested, its application for registration on the system shall be invalid and the applicant is required to repeat registration procedures from the first step.

5. Certification of registration

a) Deadline for certification: 07 working days from the receipt of a physical application, including adequate and valid documents as required, submitted by the applicant directly or by post to the Ministry of Industry and Trade (Vietnam E-commerce and Digital Economy Agency) when completing registration procedures online.  Where the received physical application does not match the documents and information provided online by the applicant, the Ministry of Industry and Trade shall send a notification to the applicant’s registered email for modification of application;

b) When certifying registration, the Ministry of Industry and Trade shall send a notification of registration certification to the applicant’s registered email, and include the applicant’s name in the list of registered e-contract certification service providers published on the E-commerce Management Portal;

c) After receiving registration certification, the list of websites affixed with certification symbol shall be published on the E-commerce Management Portal;

d) Within 15 days from the date on which the Ministry of Industry and Trade gives registration certification as prescribed in Point b of this Clause, if the enterprise fails to provide physical documents for certification, the applicant shall repeat registration procedures from the first step.

6. Modification of registered information

a) The e-contract certification service provider must notify the modification of registered information within 07 working days from the occurrence of changes in the application for registration prescribed in Clause 3 of this Article;

b) Notification of modification of registered information shall be made only by accessing the system using the user account issued when following registration procedures or sent directly or by post to the Ministry of Industry and Trade (Vietnam E-commerce and Digital Economy Agency). The notification must be accompanied by documents providing such changes (if any);

c) Within 07 working days from the receipt of an adequate and accurate notification from the e-contract certification service provider as prescribed in Point b of this Clause, the Ministry of Industry and Trade shall consider whether such changes should be certified or not and give a response to the service provider through its user account. If certification is not given, reasons thereof must be provided.

7. Cancellation and termination of registration

a) The Ministry of Industry and Trade shall cancel the registration of an e-contract certification service provider in the following cases:

- It is found to have deceptive acts or provide false information when following registration procedures;

- It takes advantage of the provision of e-contract certification service for obtaining illegal profits;

- It fails to comply with the Scheme and Regulations on provision of e-contract certification service as prescribed in this Article;

- It fails to fulfill the obligations specified in Clause 2 of this Article.

b) The Ministry of Industry and Trade shall terminate the registration of an e-contract certification service provider:

- upon its request; or

- in case it fails to provide e-contract certification service within 03 months from the date of certification of registration of e-contract certification service.

c) In case of termination of operation, the e-contract certification service provider must give a prior notification of at least 15 days to the Ministry of Industry and Trade for terminating registration status. Such notification shall be made online by accessing the system using the user account issued when following registration procedures or sent directly or by post to the Ministry of Industry and Trade (Vietnam E-commerce and Digital Economy Agency). 

d) In case of termination or cancellation of registration, the Ministry of Industry and Trade shall remove the trader or organization’s name from the list of registered e-contract certification service providers and delete that trader or organization’s certification symbol on the E-commerce Management Portal.

8. The Ministry of Industry and Trade shall provide instructions for traders and organizations to develop Regulations on provision of e-contract certification service and promulgate samples of application form and Scheme for provision of e-contract certification service.

Section 4. E-COMMERCE MANAGEMENT PORTAL

Article 64. Functions of the E-commerce Management Portal

1. The Ministry of Industry and Trade shall set up, update and maintain the E-Commerce Management Portal.

2. The E-commerce Management Portal has the following functions:

a) Provide online public services regarding the procedures for notifying the set-up of sales e-commerce websites prescribed in Section 1 of this Chapter;

b) Provide online public services regarding the procedures for registering e-commerce service provision websites prescribed in Section 2 of this Chapter;

c) Provide information guiding the procedural process and forms for registration [51] for provision of supervision, rating and certification services in e-commerce as prescribed in Section 3 of this Chapter;

d) Publish information specified in Articles 65, 66 and 67 of this Decree.

dd) [52] Provide provincial Departments of Industry and Trade with tools for searching and management of notifications and applications for registration of e-commerce activities of traders, organizations and individuals in the province.

Article 65. Lists of e-commerce websites for which notification and registration procedures have been carried out

1. The Ministry of Industry and Trade shall publish on the E-Commerce Management Portal the following lists:

a) List of sales e-commerce websites which have been notified as prescribed in Section 1 of this Chapter;

b) List of e-commerce service provision websites which have been registered as prescribed in Section 2 of this Chapter.

2. The published lists specified in Clause 1 of this Article must include the following information:

a) Names of e-commerce websites and website types as notified to or registered with the Ministry of Industry and Trade;

b) Names and contract information of traders, organizations or individuals that own e-commerce websites;

c) Business registration numbers of traders, numbers of establishment decisions of organizations or personal tax identification numbers of individuals owning e-commerce websites.

Article 66. List of traders and organizations conducting credit rating of e- commerce websites

1. The Ministry of Industry and Trade shall publish on the E-Commerce Management Portal the list of traders and organizations providing the service of credit rating of registered e-commerce websites as prescribed in Section 3 of this Chapter.

2. The published list specified in Clause 1 of this Article must include the following information:

a) Names traders and organizations providing the service of credit rating of e-commerce websites;

b) Business registration numbers of traders or numbers of establishment decisions of traders and organizations;

c) Addresses of offices, telephone numbers and e-mail addresses of traders and organizations;

d) List of e-commerce websites having the credit icon put on by traders and organizations.

Article 67. Lists of e-commerce websites subject to consumer caution alerts

1. The Ministry of Industry and Trade shall publish on the E-Commerce Management Portal the following lists:

a) List of e-commerce websites that have committed violations of laws;

b) List of e-commerce websites that reportedly show signs of violations of laws.

2. The Ministry of Industry and Trade shall detail the mechanism for receipt and disclosure of reported information on e-commerce websites specified in Clause 1 of this Article.

Section 5[53]. MANAGEMENT OF E-COMMERCE ACTIVITIES OF FOREIGN TRADERS AND ORGANIZATIONS

Article 67a. Foreign traders and organizations setting up websites for provision of e-commerce services in Vietnam

1. Foreign traders and organizations setting up websites for provision of e-commerce services in Vietnam are those operating in one of the following forms:

a) An e-commerce website set up under Vietnam’s domain name;

b) An e-commerce website displayed in Vietnamese language;

c) An e-commerce website that has more than 100.000 transactions originated from Vietnam within a year.

2. The foreign trader or organization setting up website providing e-commerce services in Vietnam as prescribed in Clause 1 of this Article shall follow procedures for registration of e-commerce activities as prescribed in this Decree and establishment of a representative office in Vietnam in accordance with regulations of law or appoint an authorized representative in Vietnam.

Operation of the representative office or authorization contents must ensure the fulfillment of responsibilities set out in Clause 5 of this Article.

3. Imports/exports traded through e-commerce are subject to customs procedures as prescribed by the Law on customs.

4. The volume of transactions originated in Vietnam shall be determined based on the following sources:

a) Voluntary reports submitted by the trader or organization as prescribed in this Decree;

b) Official statistical reports of Vietnam’s competent authorities, including:  customs authorities; Internet authorities, banking and tax authorities;

c) Available or published reports and information which can be verified by relevant competent authorities.

5. Responsibilities of foreign traders or organizations setting up websites for provision of e-commerce services in Vietnam

a) Cooperate with regulatory authorities to prevent transactions of goods and services in violation of the law of Vietnam;

b) Fulfill the obligation to protect consumers’ interests as well as quality of goods and services as prescribed by the law of Vietnam;

c) Submit reports as prescribed in Article 57 of this Decree.

Article 67b. Foreign traders and organizations selling goods on Vietnam’s e-commerce trading floors

1. Foreign traders and organizations shall sell goods according to Regulations on operation of Vietnam’s e-commerce trading floors.

2. Vietnam’s e-commerce trading floor service providers shall assume responsibility to authenticate identity of foreign traders or organizations selling goods on their e-commerce trading floors and undertake any of the followings:

a) Request foreign traders to exercise import/export rights of foreign traders that do not have presence in Vietnam in accordance with regulations of law;

b) Organize import activities as entrusted by buyers in respect of goods traded by foreign traders or organizations on e-commerce trading floors;

c) Request foreign traders or organizations to designate their commercial agents in Vietnam.

3. Imports/exports traded through e-commerce are subject to customs procedures as prescribed by the Law on customs.

Article 67c. Market access conditions for foreign investors in the field of e-commerce

1. Provision of e-commerce service is considered as one of business lines restricted to foreign investors.

2. Market access conditions:

a) Foreign investors perform e-commerce activities in Vietnam in accordance with Clause 1, Clause 2 Article 21 of the Law on investment;

b) A foreign investor that controls one or more enterprises in the list of 05 leading e-commerce enterprises in Vietnam announced by the Ministry of Industry and Trade shall be subject to the Ministry of Public Security’s assessment of national security conditions.

3. A foreign investor is considered to control over an e-commerce enterprise as prescribed in Point b Clause 2 of this Article if it falls into one of the following cases:

a) It owns more than 50% of charter capital or 50% of voting shares of the enterprise;

b) It has the right to directly or indirectly decide to appoint, dismiss or discharge the majority or all of the members of the Board of Directors, Chairperson of the Board of Members, Director or General Director of the enterprise;

c) It has the right to decide important matters concerning the enterprise’s business, including selection of technologies, business form, business lines, business areas and business types; adjustment of business scale and business lines; selection of methods of mobilization, allocation and use of business capital of that enterprise.

4. The list of 05 e-commerce enterprises specified in Point b Clause 2 of this Article shall be determined according to total visits, number of sellers, total transactions and total transaction value.

5. In the case specified in Point b Clause 2 of this Article, the investor shall follow procedures for issuance or modification of business license according to the Government's regulations on goods trading and related activities of foreign investors and foreign-invested business entities as follows:

a) During consideration to give opinions about the application for issuance of modification of the business license, the Ministry of Industry and Trade shall give written request for opinions of the Ministry of Public Security;

b) At the request of the Ministry of Industry and Trade, the Ministry of Public Security shall give a written response indicating its approval or refusal to approve the investor’s application to the Ministry of Industry and Trade within 20 days from the receipt of the request from the Ministry of Industry and Trade;

c) Based on opinions given by the Ministry of Public Security, the Ministry of Industry and Trade shall give its opinions to the licensing authority as prescribed;

d) The time limit for getting opinions of the Ministry of Public Security shall not be included in the time limit for giving opinions by the Ministry of Industry and Trade as prescribed by law.

6. Investors making investment in small- and medium-sized startups as prescribed by the Law on support for small- and medium-sized enterprises shall not be subject to the provisions of Clause 2 of this Article.

Chapter 5

SAFETY AND SECURITY IN E-COMMERCE TRANSACTIONS

Section 1. PERSONAL INFORMATION PROTECTION IN E-COMMERCE

Article 68. Responsibility to protect personal information of consumers

1. When conducting e-commerce business activities, traders, organizations or individuals that collect personal information of consumers shall comply with this Decree and relevant regulations on protection of personal information.

2. In case a trader, organization or individual engaged in e-commerce business activities authorizes a third party to collect and store personal information of consumers:

a) The contract between the two parties must clearly define the responsibility of each party to comply with this Decree and relevant regulations on protection of personal information;

b) If the contract between the two parties does not clearly define the responsibility of each party, the trader, organization or individual engaged in e-commerce business activities shall take responsibility in case the collection, storage and use of personal information of consumers violate this Decree and relevant regulations on protection of personal information.

Article 69. Policy on protection of personal information of consumers

1. Traders, organizations or individuals that collect and use personal information of consumers shall formulate and announce their personal information protection policy with the following details:

a) Purpose(s) of collection of personal information;

b) Scope of information use;

c) Duration of information storage;

d) Persons or organizations that may access such information;

dd) Address of the information collection and management unit, indicating how consumers can ask about the collection and processing of information relevant to them;

e) Methods and tools for consumers to access and modify their personal data on the e-commerce system of the information collection unit.

2. The above details must be clearly displayed to consumers before or at the time of information collection.

3. If the information collection is conducted through e-commerce websites of information collection units, the personal information protection policy must be publicly displayed at an easily visible position on these websites.

Article 70. Obtaining consumer permission upon information collection

1. Except the cases specified in Clause 4 of this Article, traders and organizations that collect and use personal information of consumers on their e-commerce websites (hereinafter referred to as “information collection units”) shall obtain prior consent of consumers having such information (below referred to as “information subjects”).

2. Information collection units shall develop a mechanism for information subjects to express their consent explicitly through online functions on their websites, emails, messages or otherwise as agreed upon by the two parties.

3. Information collection units shall develop a separate mechanism for information subjects to choose to permit or not to permit the use of their personal information in the following cases:

a) Sharing, disclosure or transfer of information to a third party;

b) Use of personal information for sending advertisements, product introductions and other commercial information.

4. Information collection units are not required to obtain prior consent of information subjects in the following cases:

a) Collection of personal information already published on e-commerce websites;

b) Collection of personal information for concluding or performing goods purchase and sale contracts or service contracts;

c) Collection of personal information for calculating prices or charges for use of information, products and services online.

Article 71. Use of personal information

1. Information collection units shall use personal information of consumers for purposes and within scopes already notified, except the following cases:

a) They have separate agreements with information subjects on use purpose and scope other than those they have notified;

b) Information is used for providing services or products at the request of information subjects;

c) Information is used for performing the obligations prescribed by law.

2. The use of information prescribed in this Article includes sharing, disclosure and transfer of personal information to third parties.

Article 72. Assurance of personal information safety and security

1. Information collection units shall assure safety and security of personal information which they have collected and stored, and prevent the following acts:

a) Stealing or illegally accessing information;

b) Illegally using information;

c) Illegally altering or destroying information.

2. Information collection units shall formulate mechanisms for receiving and settling consumer complaints about the use of personal information for improper purposes or beyond the notified scope.

3. In case an information system is hacked, posing a risk of loss of consumer information, information storing units shall notify the incident to a functional agency within 24 (twenty-four) hours after detecting it.

Article 73. Checking, updating and modification of personal information

1. Information subjects may request information collection units to check, update, modify or delete their personal information.

2. Information collection units shall check, update, modify or delete personal information of information subjects when so requested, or provide information subjects with tools for self checking, updating or modification of their personal information.

Section 2. PAYMENT SAFETY IN E-COMMERCE

Article 74. Responsibilities of traders, organizations or individuals that own e-commerce websiteswith online payment function

1. Traders, organizations or individuals that own e-commerce websites with the online payment function shall assure safety and confidentiality of payment transactions of their customers, settle complaints and pay damages in case customer payment information via e-commerce websites is illegally altered, deleted, destroyed, copied, revealed, removed or appropriated, causing damage to customers.

2. In case of self-developing payment solutions to exclusively serve their own sales e-commerce websites, traders, organizations or individuals that own these websites shall apply the following measures to assure safety and confidentiality of customer payment transactions:

a) Setting up an information system to serve payment activities and assure online connection around the clock 24 (twenty-four) hours a day and 7 (seven) days a week. The suspension of the system for maintenance must not exceed 12 (twelve) hours each time and must be notified in advance to customers;

b) Encrypting information and using security protocols to prevent information leakage during transmission;

c) Deploying applications which are capable of detecting, warning and preventing illegal accesses and various online attacks against the information systems serving their online payment activities;

d) Having plans to control the right to access the system and the right to enter or leave places where information system equipment are installed to serve their online payment activities;

dd) Establishing processes and systems for copying, storing and recovering data when the information systems serving payment activities encounter incidents, assuring copying and storage of payment data on media or online copying and caching of all data;

e) Storing data on each payment transaction for a time limit prescribed in the Accounting Law;

g) In case customers make payments before purchasing goods and services, customers’ payments must be kept at payment service providers and customers must be provided with tools to monitor their payment balances on the system.

3. Traders, organizations or individuals that own e-commerce websites with the online payment function shall publish on their websites the policy on confidentiality of customer payment information.

Article 75. Responsibilities of traders or organizations providing payment intermediary services for e-commerce websites

1. Comply with regulations and technical regulations on payment intermediary services promulgated by the State Bank of Vietnam (“SBV”).

2. Store data on each payment transaction conducted via their systems for a time limit prescribed in the Accounting Law.

3. Take joint responsibility with traders, organizations or individuals that own e-commerce websites using their payment intermediary services for cases in which payment information of customers is illegally altered, deleted or destroyed, copied, revealed, removed or appropriated, causing damage to customers.

4. Before January 15 every year, submit statistical reports to the Ministry of Industry and Trade on the provision of services to traders, organizations or individuals involved in e-commerce activities.

Chapter 6

SETTLEMENT OF DISPUTES, INSPECTION, EXAMINATION, AND HANDLING OF VIOLATIONS

Article 76. Settlement of disputes in e-commerce

1. Traders, organizations or individuals that own sales e-commerce websites shall receive and settle customer complaints about contracts concluded on their e-commerce websites.

2. Disputes between traders, organizations or individuals that sell goods and provide services and their customers during the performance of contracts must be settled on the basis of the contract terms published on the websites at the time of conclusion of these contracts and relevant laws.

3. Traders, organizations or individuals that sell goods and provide services may not abuse their advantages in the electronic environment to unilaterally settle disputes without the consent of customers.

4. Disputes must be settled through negotiation between disputing parties, conciliation, arbitration or court according to current procedures and regulations on dispute settlement.

5. Settlement of complaints and disputes on e-commerce service provision websites:

a) Traders and organizations providing e-commerce services shall clearly publish on their websites the process of receiving and responsibility for settling customer complaints and the mechanism of settling disputes related to contracts concluded on their e-commerce websites;

b) If traders and organizations providing e-commerce services fail to publish information according to Point a of this Clause, they shall directly receive and settle customer complaints and disputes related to contracts concluded on their e-commerce websites;

c) Traders and organizations providing e-commerce services may participate in the conciliation of disputes arising between customers and sellers on their e-commerce websites.

Article 77. Inspection and examination in e-commerce

1. Traders and organizations defined in Section 3 Chapter IV of this Decree shall bear annual examination by the Ministry of Industry and Trade of their observance of this Decree and relevant documents.  Examination results are published on the E-Commerce Management Portal.

2. Traders and organizations defined in Sections 1 and 2 Chapter IV of this Decree shall bear examination and inspection by the Ministry of Industry and Trade and provincial Departments of Industry and Trade in accordance with regulations of law.

Article 78. Handling of administrative violations in e-commerce

1. Traders, organizations or individuals that commit the following violations shall, depending on the nature and severity of their violations, be administratively sanctioned in accordance with the Law on handling of administrative violations in e-commerce:

a) Violation of provisions on prohibited acts in e-commerce activities in Article 4 of this Decree;

b) Violation of regulations on conclusion of contracts in e-commerce;

c) Violation of regulations on responsibilities of subjects in e-commerce;

d) Violation of regulations on notification of set-up of sales e-commerce websites;

dd) Violation of regulations on registration of e-commerce service provision websites;

e) Violation of regulations on rating and certification in e-commerce;

g) Violation of regulations on protection of personal information in e-commerce;

h) Violation of regulations on payment safety in e-commerce;

i) Non-compliance with requests of competent authorities conducting inspection and examination in accordance with regulations of law;

k) Continued operation after having their registrations for provision of e-commerce services terminated, for traders and organizations;

l) Continued operation after having their registrations[54] terminated or being deregistered for rating, supervision and certification in e-commerce invalidated or revoked;

m) Violation of other provisions of this Decree.

2. In addition to the administrative sanctions, competent authorities shall consider the nature and severity of violations of traders and organizations to issue decisions to stop operation [55] or deregister e-commerce service provision websites for violations specified in Clause 1 of this Article.

3. In case traders, organizations or individuals commit violations, causing damage to material interests of other traders, organizations or individuals, they shall pay compensations in accordance with regulations of law.

4. Principles, statute of limitations and procedures for sanctioning administrative violations in e-commerce comply with the Law on handling of administrative violations and relevant documents.

5. The Inspectorate of the Ministry of Industry and Trade, market surveillance authorities, inspectorates of provincial Departments of Industry and Trade, and other state authorities may sanction administrative violations in e-commerce according to their competence provided in the Law on handling of administrative violations and relevant documents.

Chapter 7

IMPLEMENTATION

Article 79. Effect[56]

1. This Decree comes into force from July 01, 2013.

2. This Decree replaces the Government’s Decree No. 57/2006/ND-CP dated June 09, 2006 on E-commerce.

3. E-commerce websites set up and operating before the effective date of this Decree shall make announcements or registrations under this Decree within 90 (ninety) days from the effective date of this Decree.

1. The Ministry of Industry and Trade shall:

a) Carry out management of e-commerce activities and promote digital transformation in the field of e-commerce;

b) Cooperate with the Ministry of Information and Communications and Ministry of Public Security to protect cyberinformation security and cybersecurity in e-commerce activities. Request the Ministry of Public Security to take actions against violations against regulations on cybersecurity in the field of e-commerce;

c) Organize communication and dissemination of information about laws on e-commerce;

d) Carry out inspection, settle complaints and take actions against violations in the field of e-commerce;

dd) Instruct and inspect the implementation of this Decree.

2. The Ministry of Information and Communications shall:

a) Cooperate in providing information and sharing data with the Ministry of Industry and Trade for Internet management of websites providing e-commerce activities in Vietnam;

b) Play the leading role and cooperate with the Ministry of Industry and Trade in protecting cyberinformation security in the field of e-commerce, revoke “.vn” domain name, and take actions against violations regarding e-commerce websites in accordance with regulations of the Law on penalties for administrative violations.

3. The Ministry of Finance shall:

a) Cooperate in providing information, connecting and sharing data with the Ministry of Industry and Trade on number of orders for imports/exports traded on e-commerce trading floors;

b) Update the list of foreign suppliers directly carrying out tax registration or tax declaration; list of foreign suppliers that perform e-commerce activities, digital platform-based business and other services in Vietnam but do not yet carry out tax registration, declare and pay taxes in Vietnam in accordance with regulations of law on taxation on the web portal of the General Department of Taxation.

4. The Ministry of Planning and Investment shall cooperate in providing information and sharing data with the Ministry of Industry and Trade on enterprises whose registered business lines include e-commerce.

5. The Ministry of Public Security shall:

a) Play the leading role in protecting cybersecurity in the field of e-commerce; cooperate with the Ministry of Industry and Trade in providing information about the use of cyberspace in violation of regulations on the national sovereignty, interests and security, social order and security as well as cybercrime prevention and control in the field of e-commerce;

b) Cooperate in assessment of national security conditions for market access by foreign investors in the field of e-commerce at the request of the Ministry of Industry and Trade./.

[1] The Government’s Decree No. 08/2018/ND-CP providing amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, coming into force from January 15, 2018, is promulgated pursuant to:

“The Law on Organization of Government dated June 19, 2015;

The Law on Commerce dated June 14, 2005;

The Law on Quality of Goods and Products dated November 21, 2007;

The Law on Chemicals dated November 21, 2007;

The Law on Food Safety dated June 17, 2010;

The Law on Prevention and Control of Harmful Effects of Tobacco dated June 18, 2012;

The Law on Electricity dated December 03, 2004 and the Law on amendments to the Law on Electricity dated November 20, 2012;

The Ordinance on management and use of weapons, explosives and combat gears dated June 30, 2011 and the Ordinance providing amendments to the Ordinance on management and use of weapons, explosives and combat gears dated July 12, 2013;

The Law on Investment dated November 26, 2014 and the Law dated November 22, 2016 on amendments to Article 6 and Appendix 4 - The list of conditional business lines under the Law on investment;

And at the request of the Minister of Industry and Trade,”

The Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce is promulgated pursuant to:

“ The Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

The Civil Code dated November 24, 2015;

The Law on Commerce dated June 14, 2005;

The Law on Electronic Transactions dated November 29, 2005;

The Law on Information Technology dated June 29, 2006;

The Law on Consumer Protection dated November 17, 2010;

The Law on Cyberinformation Security dated November 19, 2015;

The Cybersecurity Law dated June 12, 2018;

The Competition Law dated June 12, 2018;

The Law on Investment dated June 17, 2020;

At the request of the Minister of Industry and Trade;

[2] This Article is amended according to Clause 1 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[3] This Point is amended according to Clause 2 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[4] This Clause is abrogated according to Clause 1 Article 2 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[5] This Clause is added according to Clause 3 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[6] This Point is amended according to Clause 4 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[7] The phrase “hoặc chưa được cấp phép” (“or have not been licensed”) is abrogated according to Clause 2 Article 2 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[8] The phrase “hoặc xin cấp phép” (“or applying for a license”) is abrogated according to Clause 2 Article 2 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[9] This Clause is amended according to Clause 5 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[10] The phrase “đã được cấp phép” (“licensed”) is abrogated according to Clause 2 Article 2 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[11] This Clause is amended according to Clause 6 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[12] This Clause is amended according to Clause 6 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[13] This Clause is amended according to Clause 6 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[14] This Clause is amended according to Clause 7 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[15] This Point is amended according to Point a Clause 8 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[16] This Clause is amended according to Point a Clause 8 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[17] This Clause is added according to Point b Clause 8 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[18] This Clause is amended according to Clause 9 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[19] This Clause is amended according to Clause 9 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[20] This Point is amended according to Clause 10 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[21] This Clause is amended according to Clause 11 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[22] This Article is amended according to Clause 12 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[23] This Point is amended according to Clause 13 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[24] This Point is amended according to Clause 14 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[25] This Clause is amended according to Clause 15 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[26] This Clause is amended according to Point a Clause 16 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[27] This Clause is amended according to Point a Clause 16 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[28] This Clause is amended according to Point a Clause 16 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[29] This Clause is amended according to Point a Clause 16 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[30] This Clause is amended according to Point b Clause 16 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[31] This Point is amended according to Point a Clause 17 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[32] This Point is amended according to Point a Clause 17 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[33] This Point is amended according to Point a Clause 17 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[34] This Point is amended according to Point b Clause 17 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[35] This Point is amended according to Point b Clause 17 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[36] This Point is amended according to Point b Clause 17 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[37] This Clause is abrogated according to Clause 1 Article 2 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[38] This Clause is amended according to Clause 1 Article 10 of the Government’s Decree No. 08/2018/ND-CP providing amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, coming into force from January 15, 2018.

[39] This Clause is abrogated according to Article 11 of the Government’s Decree No. 08/2018/ND-CP providing amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, coming into force from January 15, 2018.

[40] This Clause is amended according to Clause 18 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[41] This Clause is amended according to Clause 2 Article 10 of the Government’s Decree No. 08/2018/ND-CP providing amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, coming into force from January 15, 2018.

[42] This Clause is abrogated according to Article 11 of the Government’s Decree No. 08/2018/ND-CP providing amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, coming into force from January 15, 2018.

[43] This Point is amended according to Clause 19 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[44] This Point is abrogated according to Article 11 of the Government’s Decree No. 08/2018/ND-CP providing amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, coming into force from January 15, 2018.

[45] This Point is amended according to Clause 20 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[46] This Clause is amended according to Clause 21 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[47] This Clause is abrogated according to Clause 1 Article 2 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[48] This Point is amended according to Clause 3 Article 10 of the Government’s Decree No. 08/2018/ND-CP providing amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, coming into force from January 15, 2018.

[49] This Article is abrogated according to Clause 1 Article 2 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[50] This Article is amended according to Clause 22 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[51] The phrase “thủ tục xin cấp phép” (“procedures for licensing”) is abrogated according to Clause 2 Article 2 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[52] This Point is added according to Clause 23 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[53] This Section is added according to Clause 24 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[54] The phrase “chấm dứt hoặc bị thu hồi giấy phép” (“having licenses invalidated or revoked”) is abrogated according to Clause 2 Article 2 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[55] The phrase “tước quyền sử dụng giấy phép” (“revoke licenses”) is abrogated according to Clause 2 Article 2 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.

[56] Article 19 of the Government’s Decree No. 08/2018/ND-CP providing amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, coming into force from January 15, 2018, stipulates as follows:

“Article 19. Effect and implementation

1. This Decree comes into force from the date on which it is signed.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, and Chairpersons of Provincial People’s Committees shall implement this Decree./.”

Article 3 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022, stipulates as follows:

“Article 3. Implementation

1. This Decree comes into force from January 01, 2022.

2. Transition:

a) Within 180 days from the effective date of this Decree, traders, organizations and individuals performing e-commerce activities that have their applications for registration or notifications certified by the Ministry of Industry and Trade in accordance with the Decree No. 52/2013/ND-CP must follow procedures for provision of additional information or registration as prescribed in this Decree;

b) Traders, organizations and individuals performing e-commerce activities that have submitted applications for notification or registration which have not been processed by the Ministry of Industry and Trade before the effective date of this Decree shall follow procedures for notification and registration according to this Decree.

c) Within 12 months from the effective date of this Decree, the traders and organizations specified in Article 67a, Article 67c must follow procedures and fulfill obligations as prescribed in this Decree.

3. Ministers, heads of ministerial agencies, heads of Governmental agencies, and Chairpersons of provincial People’s Committees shall implement this Decree.”

[57] This Article is amended according to Clause 25 Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.