In economic globalization, Vietnam has become an attractive destination for foreign enterprises, especially in e-commerce. The strong development of the Internet and digital technology has opened many new opportunities for these enterprises to expand their markets and enhance their competitiveness. However, the operation of foreign enterprises on e-commerce platforms in Vietnam also poses many challenges related to law, culture, and business strategy.

Through this article, we would like to share the most general legal regulations on the procedures enterprises must perform when managing e-commerce websites in Vietnam.

1. Notification of E-commerce Websites Selling Goods

An e-commerce website selling goods is a website established by merchants, organizations, or individuals to serve the activities of trade promotion, selling goods, or providing their services. The notification procedure with the Ministry of Industry and Trade on the establishment of an e-commerce website selling goods applied only to websites with an online ordering function. If the website does not have an online ordering function, the enterprise iss exempt from this notification procedure. The notification will be submitted electronically, so the enterprise will notify the Ministry of Industry and Trade online about the establishment of an e-commerce website selling goods through the E-commerce Management Portal before officially commencing sales of goods or providing services to users.

The notification information must include the following basic contents: Domain name of the e-commerce website; Types of goods and services offered on the website; Registered name of the merchant, organization or name of the individual owning the website; Address of the merchant’s head office or the individual’s permanent address; Number, date of issue and place of issue of the enterprise registration certificate of the merchant, or number, date of issue and unit of issue of the decision to establish the organization; or personal tax code of the individual; Name, title, ID card, phone number and email address of the merchant’s representative, the person responsible for the e-commerce website and other information as appropriate to each specific case of the enterprise.

Notification process for e-commerce websites selling goods

Receiving and processing notifications: The process is done online through the E-commerce Management Portal (http://online.gov.vn/). Steps to be taken:

Step 1: Register for an account 2by providing information such as name, enterprise registration number, business sector, address, and contact information.

Step 2: Receive results from the Ministry of Industry and Trade within 3 working days. If the information is complete, you will receive a login account.

Step 3: Login and notify the e-commerce website selling goods according to the template.

Step 4: Receive feedback from the Ministry of Industry and Trade within 3 working days on confirmation or request for additional information.

Monitoring and updating information: You need to monitor the status of your application through email or the system account. If you receive a notification from the Ministry of Industry and Trade, you must respond within 10 working days if there is a request for additional information. Otherwise, you will have to re-notify from the beginning.

Confirmation of notification: Confirmation time is 3 working days from the time of receiving a complete and valid application. The Ministry of Industry and Trade will send a confirmation code to be placed on the website, leading to detailed information on the Portal.

2. E-commerce Website Registration

E-commerce website registration is mandatory for websites that provide e-commerce services established by merchants or organizations to create an environment for other merchants, organizations, and individuals to engage in commercial activities including E-commerce platforms; online auction websites; online promotion websites, etc.

Merchants and organizations must register online with the Ministry of Industry and Trade regarding the establishment of an e-commerce service provider website after the website has been completed with a full structure, features, and information according to the service provision plan, has been operating at the registered domain name, and before officially providing the service to users.

The receiving and processing of e-commerce service provider website registration applications are performed online through the E-commerce Management Portal (http://online.gov.vn/). Merchants and organizations need to follow these steps:

Register an account: Merchants and organizations must provide information including their name, enterprise registration number, business sector, address, and contact information.

Receiving Results: Within 3 working days, the Ministry of Industry and Trade will notify the applicant by email regarding the account approval or request for additional information.

Login and Declaration: Once an account is obtained, merchants and organizations can log in, select the “Register e-commerce service provider website” function, declare information, and attach the required documents.

Ministry of Industry and Trade’s Response: Within 7 working days, the Ministry of Industry and Trade will confirm that the application is complete and valid or request additional information.

Submitting original applications: Upon receiving confirmation, merchants and organizations must submit the complete original applications to the Ministry of Industry and Trade.

Merchants and organizations should monitor the status of their applications through email or their system account and update information as requested. If they do not receive any responses within 30 working days of receiving a request for additional information, the applications will be terminated, and the applicant will need to re-register from the beginning.

Registration Confirmation: The registration confirmation period is 5 working days from the date of receiving all original applications. If the application does not match the information declared online, the Ministry of Industry and Trade will notify the applicant via email to complete the application. Upon registration confirmation, the Ministry of Industry and Trade will send a code to be placed on the website, leading to the registration information on the E-commerce Management Portal.

In Vietnam and around the world, consumer behavior and trends have undergone significant changes, driving a strong surge toward e-commerce across all business sectors. As a result, enterprises operating in sectors with high digitization potential, such as consumption, food and beverage services, transportation, finance, education, and most recently, real estate, are increasingly embracing digital platforms to conduct business operations. These platforms integrate all stages of the shopping, consumption, and services users within a single system.

Depending on the enterprise’s specific needs when conducting business on e-commerce platforms in Vietnam, enterprises will need to follow certain necessary procedures to ensure that the e-commerce platforms they manage comply with relevant laws and regulations. This is also to protect the business’s legitimate rights from the risk of infringement by other parties.

Time of writing: 16/05/2024

The article contains general information which is of reference value, in case you want to receive legal opinions on issues you need clarification on, please get in touch with our Lawyer  at  info@cdlaf.vn

You can refer for more information:

• The necessity of copyright registration for computer software
• General Legal Framework on Software Copyright in Vietnam
• Overview of Notifications and Registration of E-commerce Websites in Vietnam