Client/Legal Alert: Circular No. 47/2014/TT-BCT, New Guidance on the Management of E-Commerce Websites

Circular No. 47/2014/TT-BCT will take effect from January 20, 2015, providing guidance on changes to the management of online trading activities. Pham & Associates’ attorneys look at the most significant features of the new guidance as follows.

1. Which social networking websites have to register with the Governing Body?

The following social networking websites have to register with the Ministry of Industry and Trade in the form of e-commerce network, including: (a) website allows user to be open stalls on which to display and introduce its goods or services; (b) website allows user to create the website to display and introduce its goods or services; (c) website designed platform, on which allows user to post its news on sale of goods and services.

2. Goods are restricted or needed conditions for business on e-commerce website?

a) Hunting shotguns and bullets, sporting weapons, support tools;

b) Cigarettes, cigars and other forms of tobacco;

c) Wine and the others as prescribed by law.

3. Owner of foreign social network sites must be registered with the Ministry of Industry and Trade?

If owner of foreign social networking website living in Vietnam’s territory through its investment activities such as establishment of branches, representative offices or create a website under a domain name ".vn" will be subjects to Decree No. 52/2013/ND-CP.

4. Procedures for registration with the Ministry of Industry and Trade?

The procedures for registration with the Ministry of Industry and Trade will be executed through website at www.online.gov.vn. Forms and relevant documents are provided in Section 2 of Chapter II of Circular No. 47.

5. Responsibilities of individuals trading on social networks?

Under the provisions of Circular 47, individuals trading on social networking websites are not obliged to register with the Ministry of Industry and Trade. However, they have responsibilities as a seller on e-commerce website as provided in Article 37 of Decree 52.

 For additional information about this matter, please contact at hanoi@pham.com.vn

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