Vietnam e-commerce registration for online sellers

Vietnam e-commerce registration is a legal step for any business that runs a commercial website in Vietnam. Under Decree 52/2013/ND-CP, a site that sells goods or services needs a notice filed with the Ministry of Industry and Trade. A site that offers a platform for others to sell must be registered. The rules have applied since 1 July 2013.

This checklist explains who must act, what to prepare, and how the online process works.

Notify or register: which one applies to you?

The decree splits commercial websites into two groups. The group you are in decides the step you take.

A sales website is a site that a business or person sets up to sell its own goods or services. A web shop is the plain example. If your site does this, you notify the Ministry. Notification is a simple declaration of your site and your business details.

A service website is a site that gives other parties the tools to trade. Online marketplaces, auction sites and promotion sites fall here. If your site does this, you register with the Ministry. Registration asks for more detail than notification, because the site hosts the sales of other sellers.

Social networks can also be covered. Circular 47/2014/TT-BCT says a social network that works in certain forms must register as an e-commerce transaction floor. Check the legal text for the exact wording on your case.

Sources: Decree No. 52/2013/ND-CP of 16 May 2013 on e-commerce, the chapters on sales websites and service websites; Circular No. 47/2014/TT-BCT, Article 6.

Who is covered

The duty falls on traders, organisations and individuals that build a website to sell goods or services. Circular 47/2014/TT-BCT also covers individuals who have a personal tax code and are not required to hold a business registration. A site that does not trade has no sales to report, so check with the Ministry if you are unsure.

A trader that already has a business registration still has this extra step. A company certificate lets you do business. It does not replace the e-commerce notice for your website.

Source: Circular No. 47/2014/TT-BCT of the Ministry of Industry and Trade, Articles 2 and 8.

What to prepare before you file

Get your papers ready first. The exact list is in the Circular, but these are the usual details to have at hand. This makes the online form quick to finish.

• Your business registration details, or your personal ID if you are an individual seller.
• The domain name of the website and the name of the site owner.
• The name and contact details of the person in charge.
• A short list of the goods or services you sell.
• Your payment, delivery and complaint policies for buyers.

If your site is a marketplace, expect to give extra detail on how you check sellers and how you handle disputes between buyers and sellers.

Source: Decree No. 52/2013/ND-CP on e-commerce, Circular No. 47/2014/TT-BCT, Articles 8, 10, 13 and 14 on dossiers.

How the online process works

The Ministry runs a portal for this at online.gov.vn. Its title reads "Cổng thông tin quản lý hoạt động thương mại điện tử," which means e-commerce activity management portal. Circular 47/2014/TT-BCT, issued by the Ministry on 5 December 2014 and in force from 20 January 2015, says notification is done online through this portal. Changes to your details and yearly updates can be made there too.

Fill in the form for your type of site and send your details through the portal. Keep a copy of what you submit, so you can match it against your site later.

Sources: Ministry of Industry and Trade e-commerce portal, online.gov.vn (archived 18 November 2016); Circular No. 47/2014/TT-BCT, Articles 9, 11, 12 and 33.

Rules to follow once you are listed

Notification is not the end of your duties. The decree asks every commercial site to give buyers clear facts. Show who runs the business, how to contact it, what each item costs and what delivery and payment terms apply. Give buyers a plain way to complain and a way to get an answer.

Keep your entry up to date. If your domain, owner or business details change, update the Ministry through the portal. An old entry with wrong facts can cause problems when buyers or officials check it.

Breaking the rules may lead to an administrative penalty under Vietnamese law, and the Ministry can publish lists of sites that break them. Steps depend on the case, so ask an adviser or the Ministry when you are unsure.

Sources: Decree No. 52/2013/ND-CP on e-commerce, the provisions on information duties and on handling complaints; Circular No. 47/2014/TT-BCT, Articles 30 and 31.

A short checklist

• Decide if your site sells its own goods (notify) or hosts other sellers (register).
• Collect your business and site details.
• File through online.gov.vn.
• Publish clear prices, delivery terms and complaint steps.
• Update your entry when anything changes.

This is general information, not legal advice. The Ministry can change the rules, so read the current text of the decree before you file, and ask a Vietnam business lawyer if unsure.

Sources: Decree No. 52/2013/ND-CP of 16 May 2013 on e-commerce; Circular No. 47/2014/TT-BCT; online.gov.vn.