Is it necessary to register a business to sell snacks online on social media in Vietnam?

Is it necessary to register a business to sell snacks online on social media in Vietnam?

Pursuant to Article 3 of the Decree 39/2007/NĐ-CP stipulating as follows:

In this Decree, some terms are construed as follows:

1. Individuals doing trade mean individuals who everyday themselves conduct one, several or all activities allowed by law on goods purchase and sale, service provision and other activities with purpose of profitability but do not register their business as prescribed by law on business registration and not be called as “trader” as prescribed by the Commercial Law. Particularly including individuals doing the following trade activities:

a) Street trading (trading in public places) means activities of purchase and sale without a fixed location (purchase on street, sale on street or both purchase and sale on street), includes even the receipt of books, news, magazines, cultural products of traders allowed doing business in these products as prescribed by law, for sale on street;

b) Petty trading means purchase and sale of small and odd items with or without a fixed location;

c) Petty-food trading means sale of fruits, cakes, candies, drinks (beverage) with or without a fixed locations;

d) The consignment trading means purchase of goods from other places according to each consignment to sell for wholesalers or retailers;

dd) Providing services: Polishing shoes, selling lottery tickets, repairing key, repairing vehicles, safekeeping for vehicles, washing for vehicles, barber, painting, taking photo and other services with or without fixed locations;

e) Other commercial activities done independently and regularly do not have to register for business.

2. Movable business means commercial activities without fixed location.

Pursuant to Clause 1 Article 55 of the Decree 52/2013/NĐ-CP stipulating procedures for registration for setting up e-commerce service provision websites as follows:

1. Traders and organizations shall make registrations online with the Ministry of Industry and Trade for setting up e-commerce service provision websites after their websites have been completed with adequate structure, utilities and information according to service provision plans and operating at registered addresses of domain names, and before officially providing services to users.

According to the above regulations, a person selling snacks who does not have a fixed location and must himself do one, some, or all of the activities every day will not need to register a business. You sell snacks online on social media, you do not need to register a business because:

First, the business activities will be done by you every day.

Second, you only do business on social media platforms such as Facebook and TikTok, not have a website.

Is it necessary to register a business to sell snacks online on social media in Vietnam? - Source: Internet

What are responsibilities of online business sellers in Vietnam?

Pursuant to Article 37 of the Decree 52/2013/NĐ-CP stipulating responsibilities of sellers on the e-commerce trading floor as follows:

1. To fully and accurately provide information specified in Article 29 of this Decree to traders or organizations providing e-commerce trading floor services upon registration for service use.

2. To provide complete information about the goods or services as specified in Articles 30 thru 34 of this Decree when selling goods or providing services on the e-commerce trading floor.

3. To ensure the accuracy and truthfulness of information about the goods or services provided on the e-commerce trading floor.

4. To implement the provisions in Section 2, Chapter II of this Decree upon application of the online ordering function on the e-commerce trading floor.

5. To provide information about the situation of their business at the request of competent state agencies to serve the making of e-commerce statistics.

6. To comply with the laws on payment, advertising, promotion, protection of intellectual property rights, protection of consumer interests and other relevant laws when selling goods or providing services on the e-commerce trading floor.

7. To fulfill tax obligations as prescribed by law.

Above are responsibilities of online business sellers in Vietnam.

Best regards!