On 20 August 2018, the Ministry of Industry and Trade (MOIT) issued Circular 21/2018 to amend and supplement some articles of Circular 47 of the MOIT dated 05 December 2014 on management of e-commerce websites (Circular 47/2014) and Circular 59 of the MOIT dated 31 December 2015 on management of e-commerce activities via applications on mobile equipment (Circular 59/2015). Below are some notable provisions of Circular 21/2018.

Regarding Circular 47/2014, Circular 21/2018 made the following amendments and supplements:

repealed the list of entities that are required to notify about its online shopping websites. Accordingly, as required by Decree 52/2013, every trader, organization or individual that set up sales e-commerce websites must notify such websites at the MOIT’s portal at www.online.gov.vn. Circular 47/2014 only required some specific entities to notify about such websites;
repealed the list of entities that are required register for e-commerce website rating activity. Accordingly, every trader or organization wishes to perform this activity must register at the MOIT’s portal at www.online.gov.vn. Circular 47/2014 only required some specific entities to register for such websites; and

broaden the list of entities who are required to register for e-commerce service websites. Accordingly, every trader and organization having e-commerce websites that provide either: (i) e-commerce exchange services; (ii) online promotion services; or (iii) online auction services are required to register for e-commerce service websites. Circular 47/2014 only required traders or organizations operating in trade promotion or enterprise support and having e-commerce websites that provide one of three above-mentioned services to register.

Regarding Circular 59/2015, Circular 21/2018 made the following amendments and supplements:

broaden the list of entities that are required to notify about its goods-selling applications. Accordingly, all goods-selling applications owner which include: traders, organizations and individuals that have been granted personal tax identification numbers, are required to notify about such applications.
Circular 59/2015 only required goods-selling applications owners which include: traders; organizations which functions and tasks comprising organizing of goods selling, service providing or performing; and individuals that have been granted tax identification numbers and are not subject to business registration who are owning goods-selling applications to notify about such applications; and
broaden the list of entities that are required to register for e-commerce service providing applications. Accordingly, all traders or organization owning e-commerce service providing applications are required to register for such application.
Circular 59/2015 only required traders or organizations engaged in the field of trade promotion or assisting enterprises or owning e-commerce service providing applications to register for such applications.

This post is contributed by Nguyen Thu Giang, a trainee at Venture North Law.

Vietnam Business Law