Vietnam: Guidance on providing information for owners of e-commerce platforms under Decree 91/2022/ND-CP

Vietnam: Guidance on providing information for owners of e-commerce platforms under Decree 91/2022/ND-CP (Internet image)

On November 14, 2022, the General Department of Taxation issued Official Dispatch 4205/TCT-DNNCN on organizing and guiding organizations that are owners of e-commerce platforms to provide information as prescribed in Decree 91/2022 /ND-CP.

According to the provisions of Clause 7, Article 1 of Decree 91/2022/ND-CP, the organizations that are established and operating under Vietnam's law and own e-commerce platforms shall provide tax authorities with full, accurate and timely information about traders, organizations and individuals whose goods or services are entirely or partially traded on their e-commerce platforms, including:

- Sellers' names, taxpayer identification numbers, ID numbers or passport numbers, addresses, phone numbers;

- Revenue from online orders.

Information shall be provided electronically every quarter by the last day of the first month of the succeeding quarter via the web portal of General Department of Taxation in the format announced by General Department of Taxation.

In Official Dispatch 4205/TCT-DNNCN, the General Department of Taxation provides guidance on providing information to organizations that are owners of e-commerce platforms as follows:

1. Subjects required to provide information in Vietnam

Organizations that own e-commerce platforms shall provide tax authorities with full, accurate and timely information as prescribed in Decree 91/2022/ND-CP is:

 Traders or organizations that provide e-commerce trading floor services are traders or organizations setting up e-commerce websites for other traders or organizations to conduct a part or the whole of the process of sale and purchase of goods and services on these websites as prescribed in Decree 52/2013/ND-CP and Decree 85/2021/ND-CP.

2. The time to provide information in Vietnam

- Regulations on providing information in Clause 7, Article 1 of  Decree 91/2022/ND-CP take effect from the information provision period of the fourth quarter of 2022, the deadline is January 31, 2023.

- For information provision periods of subsequent quarters, the deadline is the last day of the first month of the following quarter.

- In case the last day coincides with a holiday or public holiday as prescribed, the last day of the time limit for providing information is the working day immediately following that holiday or holiday.

3. Information to be provided in Vietnam

Organizations that are established and operating under Vietnam's law and own e-commerce platforms shall provide tax authorities with full, accurate and timely information about traders, organizations and individuals whose goods or services are entirely or partially traded on their e-commerce platforms, including:

Sellers' names, taxpayer identification numbers, ID numbers or passport numbers, addresses, phone numbers; 

Particularly for e-commerce platforms with an online ordering function, in addition to the above general information, they must also provide information about sales through the online ordering function of e-commerce products.

In the event that the e-commerce trading floor does not fully store the above-mentioned general information, it is still required to provide complete, accurate, and timely information in accordance with the actual information stored at the e-commerce trading floor.

For the next period of information provision, the E-commerce trading floor is responsible for requesting traders, organizations, and individuals to supplement the E-commerce trading floor to update general information in accordance with the provisions of Decree 52/2013/ND-CP and Decree 85/2021/ND-CP. to provide tax authorities according to regulations.

In the event that the organization that is the owner of the e-commerce platform fails to provide information as prescribed, the tax authority shall handle administrative violations according to the provisions of Article 19 of Decree 125/2020/ND-CP.

4. Forms of providing information in Vietnam

The provision of information is done electronically, through the portal of the General Department of Taxation (thuedientu.gdt.gov.vn, accessing the "E-commerce portal"), in a data format. prescribed by the General Department of Taxation in the Appendix on the composition of professional data receiving information from the organization that is the owner of the e-commerce floor, attached to Official Dispatch 4205/TCT-DNNCN.

The e-commerce portal is expected to be activated in December 2022.

More details can be found in Official Dispatch 4205/TCT-DNNCN issued on 14/11/2022.

Van Trong

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