The
DecreeNo.52/2013/ND-CP (Decree 52) on e-commerce will be effective from July 1st, 2013.
However, this Decree does not have specific regulations on e-commerce
activities for foreign investors conducting e-commerce activities in Vietnam.
Therefore, the draft of the Decree amending Decree 52 shall fill the missing
gap for foreign investors with particulars in conducting e-commerce activities
in Vietnam.
The draft decree has supplemented regulations on management of
e-commerce activities for foreign investors setting up business in Vietnam.
Specifically, the draft decree (i) adds specific regulations on foreign traders
and organizations conducting e-commerce activities in Vietnam; (ii) supplements
market access conditions for foreign investors in accordance with the Law on
Investment; and (iii) provides the exclusion of foreign investors investing in
economic organizations that are innovative and creative enterprises in order to
promote innovation activities in accordance with the law on support small and
medium enterprises.
In particular, the draft decree also provides plans for e-commerce
activities of foreign investors in Vietnam. According to the draft decree,
foreign investors can set up an e-commerce website under the Vietnamese domain
name or an e-commerce website with the display language in Vietnamese. The
option of setting up an e-commerce exchange floor with a specified number of
transactions from Vietnam in a year is also considered for selection.
In addition, foreign investors setting up e-commerce websites in
Vietnam must notify and register e-commerce activities according to
regulations. At the same time, they need to ensure the fulfillment of
obligations on protection the interests of consumers. The quality of the goods
need to be protected by their representative office, designation of a legal
representative in Vietnam.
Foreign investors selling goods on Vietnamese e-commerce exchanges
must comply with the operating regulations of e-commerce exchanges in Vietnam.
When providing Vietnam e-commerce exchanges, foreign investors are responsible
for verifying their identities. In addition, foreign investors conducting
e-commerce activities are responsible for complying with the provisions of
Vietnamese law on the right to export and import goods in accordance with the
laws.
The draft decree also specifies that e-commerce service is a
conditional market access industry for foreign investors. Market access
conditions will also be considered accordingly. In addition, the control and
domination of enterprises providing e-commerce services are also clearly
regulated.
In the coming time, Vietnam will continue to receive comments to
supplement and complete the draft of decree amending Decree 52 on e-commerce
activities. It is important to create a clear and appropriate e-commerce
operating environment to attract foreign investors with experience and
capability to invest, set up company and operate in Vietnam in the area of
e-commerce to facilitate goods transaction, protect intellectual
property, reduce cost. However,
it is also equally important to ensure the management of investment activities
of foreign investors in the field of e-commerce in Vietnam.
ANT Lawyers – E-commerce law
firm in Vietnam with
international standard, local expertise and strong international network. We
focus on customers’ needs and provide clients with a high quality legal advice
and services. For advice or services request, please contact us via email
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