Vietnam: Contracts using the online ordering function via mobile applications

15:08, 02/01/2016

Recently, the Minister of Industry and Trade of Vietnam has issued Circular No. 59/2015/TT-BCT prescribing the management of e-commerce activities via applications on mobile equipment.

hop dong dat hang truc tuyen qua ung dung, Thong tu 59/2015/TT-BCT

According to Article 8 of Circular No. 59/2015/TT-BCT of the Ministry of Industry and Trade of Vietnam, the conclusion of contracts using the online ordering function via mobile applications must comply with Section 2, Chapter II of Decree No. 52/2013/NĐ-CP of Vietnam’s Government, except the case where the object of a contract is a digital content product or an online service and the acceptance of the proposal for contract conclusion is shown by delivering products or providing services, the mechanism of review and confirmation must meet the following conditions:

- Displaying the name of the product or service, the total amount payable by customers for such goods or service and the payment method to be applied;

- Permitting customers to cancel or confirm the proposal for contract conclusion after reviewing the above information.

Besides, Circular No. 59/2015/TT-BCT stipulates that if mobile applications have the online payment function, traders, organizations or individuals shall create a mechanism for customers to review and confirm detailed information about each transaction before making the payment. Traders, organizations and individuals that own mobile applications with the online payment function shall implement the responsibilities specified in Article 74 of Decree No. 52/2013/NĐ-CP.

View relevant provisions at Circular No. 59/2015/TT-BCT of the Ministry of Industry and Trade of Vietnam, effective from March 31, 2016.

Thu Ba

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