04 things you should know about e-commerce activities in Vietnam

04 things you should know about e-commerce activities in Vietnam (Internet image)

1. What is e-commerce activity?

According to Clause 1, Article 3 of the Decree 52/2013/ND-CP, e-commerce activity means conducting part or the whole of the process of commercial activity by electronic means connected to the Internet, mobile telecommunications network or other open networks.

2. Subjects of e-commerce activities in Vietnam

The subjects involved in e-commerce activities include:

- Traders, organizations and individuals that set up e-commerce websites to serve their trade promotion, sale of goods or supply of services (owners of sales e-commerce websites).

- E-commerce service providers.

- Traders, organizations or individuals that use websites of traders or organizations providing e-commerce services to serve their commercial promotion, sales or service provision (sellers).

- Traders, organizations or individuals that purchase goods or services on sales e-commerce websites and e-commerce service provision websites (customers).

- Traders and organizations providing technical infrastructure, logistics and other auxiliary services for e-commerce activities.

- Traders, organizations or individuals that use electronic equipment connected to other networks for carrying out commercial activities.

(Article 24 of the Decree 52/2013/ND-CP and amended by Clause 6 Article 1 of the Decree 85/2021/ND-CP)

3. Forms of organization of e-commerce activities in Vietnam

Forms of organizing e-commerce activities include e-commerce website for sales and website for providing e-commerce services.

In there

- Sales e-commerce websites are e-commerce websites that are established by traders, organizations or individuals to serve their trade promotion, sale of goods or supply of services. (Clause 1, Article 25 of Decree 52/2013/ND-CP and amended by Clause 7 Article 1 of Decree 85/2021/ND-CP)

- E-commerce service provision website is an e-commerce website developed by traders or organizations to provide an environment for other traders, organizations or individuals to conduct their commercial activities

Websites providing e-commerce services include the following types:

+ E-commerce trading floor;

+ Online auction website;

+ Online promotion website;

+ Other types of website as stipulated by the Ministry of Industry and Trade

(Clause 2, Article 25 of Decree 52/2013/ND-CP)

4. Principles of e-commerce activities in Vietnam

Specifically, Article 26 of Decree 52/2013/ND-CP (amended by Point a, Clause 8, Article 1 of Decree 85/2021/ND-CP), e-commerce activities must ensure the following principles:

- Principle of free and voluntary agreement in e-commerce transactions

The parties to e-commerce activities are free to reach agreement not contrary to the provisions of law to establish the rights and obligations of each party in the transaction. This agreement is a ground for the settlement of disputes arising in the transaction process.

- Principles of determination of the scope of business in e-commerce.

If traders, organizations or individuals conducting their activities of sales, service provision or commercial promotion on e-commerce websites do not specify geographical limits of these activities, these activities are regarded to be conducted on a national scale.

- Principles of determination of the obligation to protect consumer interests in e-commerce

+ The owners of sales e-commerce websites and the sellers on e-commerce service provision website shall comply with the Law on Protection of Consumer Interests when providing the goods or services to customers;

+ The customers on e-commerce service provision websites are e-commerce service consumers and consumers of goods and services provided by the sellers on these websites;

+ If the e-commerce service provider provides information about a seller’s goods and/or services on its e-commerce website to consumers, it shall be considered as a third party in providing information in accordance with regulations of laws on protection of consumers’ rights and interests.

+ Rules for trading goods/services restricted from trading or subject to certain business conditions through e-commerce

E-commerce trading of goods/services restricted from trading or subject to certain business conditions must comply with relevant regulations and laws

Thanh Rin

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