Decree 85/2021 / ND-CP amending and supplementing a number of articles of Decree 52/2013 / ND-CP on electronic commerce

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1. Complete logistics services within the framework of electronic commerce activities (hereinafter referred to as “electronic commerce”)

Clause 6, article 1 of decree 85/2021 amending clause 5, article 24 of decree 52/2013 as follows:

“Article 24. Objects of electronic commerce activities

5. Traders or organizations providing technical infrastructure, logistics and other support services for e-commerce activities.

Thus, merchants providing logistics services are officially recognized as subjects of e-commerce activities. In addition, the responsibilities of logistics service providers during transactions via e-commerce platforms are also specified in clause 14, article 1 of decree 85/2021.

2. Additional regulations on the seller’s responsibility to provide information

In accordance with the new regulations, information on goods and services for e-commerce sales sites must be provided in detail by sellers, in particular in article 12 of article 1 of Decree 85/2021 as follows:

– For goods and services presented on the website, the seller must provide information so that customers can correctly identify the characteristics of the goods or services in order to avoid any misunderstanding when deciding to make a proposal to conclude a contract .

– The information about the goods published on the website must include mandatory contents that appear on the labels of the goods in accordance with the provisions of the Law on the labels of goods, except for the specific product information such as: year, month, Date of manufacture ; expiry; production lot number; the machine frame.

– Sellers must meet the investment and business conditions appearing on the list of conditional business sectors and must announce the number, date and place of issue of the license or certificate of approval, written attestation or other forms prescribed by law.

3. Supplementary Regulation on the Compulsory Publication of the Goods Inspection Policy on E-Commerce Websites

According to clause 1 of article 13, e-commerce websites must publish the goods inspection policy; return policy, including the return period and the method or exchange of the goods purchased, the method of obtaining refunds and the cost of such return.

Thus, from January 1, 2022, the inspection policy must be clearly displayed on the e-commerce site. However, the specific inspection policy is determined by the regulations of each e-commerce site.

4. Facebook, Instagram… are e-commerce sites

According to Clause 15, Article 1 of Decree 85/2021, the operational forms of an electronic commerce trading room include:

– The website allows participants to open booths for the display and introduction of goods or services;

– The website allows participants to create accounts to carry out the process of concluding contracts with customers;

– The website has a selling and buying section allowing participants to post news about the sale and purchase of goods or services; and

– Social networks have one of the forms of activities specified in points 1, 2 and 3 above and participants pay directly or indirectly fees for the performance of these activities.

So from January 1, 2022, in addition to the form of operating an e-commerce trading floor through a website as before, traders and organizations can also conduct e-commerce activities through social networks such as : Facebook, zalo, instagram… As a result, participants directly or indirectly in trading activities must pay fees and register in accordance with the regulations.

5. Complete detailed regulations on registration procedures for authentication of electronic contracts

Clause 4, article 63 of Decree 52/2013 regulates that: the Ministry of Industry and Commerce specifies in detail the procedures for establishing and operating traders and providers of electronic contract authentication services; cases of revocation of operating licenses; ordinance and procedures for granting, modifying, supplementing and withdrawing operating licenses for these traders and organizations.

Now, Decree 85/2021 details the registration process for the provision of electronic contract authentication services. Thus, the filing, receipt and processing of registration requests for electronic contract authentication service providers are carried out online by the Ministry of Industry and Trade through the e-commerce management portal at the address www.online.gov.vn.

6. E-commerce activities of foreign merchants and organizations

This is a notable new regulation of Decree 85/2021. As a result, foreign traders or organizations that have websites providing e-commerce services in Vietnam are traders or organizations having any of the following forms of exploitation:

  • E-commerce site under Vietnamese domain name;
  • The e-commerce website with the display language is Vietnamese;
  • The e-commerce website has more than 100,000 transactions from Vietnam in one year.

Decree 85/2021 takes effect on January 1, 2022.


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