To amend and supplement a number of regulations on e-commerce

Published on 28 - 09 - 2021

On 25/9/2021, the Government has just issued the Decree No. 85/2021/ND-CP amending and supplementing a number of articles of the Decree No. 52/2013/ND-CP dated May 16, 2013 of the Government on e-commerce.

According to the new regulations, the seller must provide information on goods and services introduced on the website so that the customer can accurately identify the characteristics of the goods and services in order to avoid misunderstanding when deciding on the offer to enter into a contract.

The information about goods published on the website must include mandatory contents shown on goods' labels in accordance with the law on goods labels, except for the information that is product-specific, such as year and month, production date; expiry; production batch number; the frame number, the machine number.

Sellers of goods and services that must satisfy investment and business conditions on the list of conditional investment and business lines must announce the number, date and place of issuance of the license or certificate of eligibility, written certification, or other forms of documents as prescribed by law on business conditions of that industry or profession.

The Decree clearly stipulates that the operational forms of the e-commerce trading floor are amended and supplemented, including the following 04 forms: the website allows participants to open booths to display and introduce goods or services; the website allows participants to open accounts to perform the process of entering into contracts with customers; the website has a buying and selling section, which allows participants to post information about buying and selling goods and services; the social networks have one of the above forms and participants directly or indirectly pay a fee for that activity.

The new Decree also provides specific instructions on handling measures when detecting or receiving a report on illegal business acts on the e-commerce trading floor. Specifically:

 - To prevent and remove from the website the information on buying and selling goods and providing services on the list of goods and services banned from business, in sectors and trades banned from business investment in accordance with law;

- To remove information about goods and services that violate the law within 24 hours from the date of receipt of a request from a competent state management agency;

- To coordinate with intellectual property rights holders to review and remove products that infringe intellectual property rights according to the process and procedures announced in the Regulation on operation of the e-commerce trading floor;

 - To warn or refuse to provide services for a definite or permanent period to individuals, traders and organizations that commit illegal business acts;

Other measures are conducted according to the Regulation on operation of e-commerce trading floor.

In addition, the Decree also adds regulations on foreign traders and organizations that have websites providing e-commerce services in Vietnam and own one of the following forms of operation: e-commerce websites under the Vietnamese domain name; e-commerce website whose display language is Vietnamese; e-commerce website with over 100,000 transactions from Vietnam yearly.

In addition, the market access conditions of foreign investors in the field of e-commerce include: foreign investors investing in the business of providing e-commerce services in Vietnam; foreign investors dominate 01 Vietnamese enterprise or more in the group of 05 leading enterprises in the e-commerce market in Vietnam;...

This Decree takes effect from January 1, 2022.

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