Whats New in the Draft of the Decree on Amending the Decree 52 on E-Commerce?

 The Decree No.52/2013/ND-CP (Decree 52) on e-commerce will be effective from July 1st, 2013. However, this Decree does not have specific regulations on e-commerce activities for foreign investors conducting e-commerce activities in Vietnam. Therefore, the draft of the Decree amending Decree 52 shall fill the missing gap for foreign investors with particulars in conducting e-commerce activities in Vietnam.

The draft decree has supplemented regulations on management of e-commerce activities for foreign investors setting up business in Vietnam. Specifically, the draft decree (i) adds specific regulations on foreign traders and organizations conducting e-commerce activities in Vietnam; (ii) supplements market access conditions for foreign investors in accordance with the Law on Investment; and (iii) provides the exclusion of foreign investors investing in economic organizations that are innovative and creative enterprises in order to promote innovation activities in accordance with the law on support small and medium enterprises.

In particular, the draft decree also provides plans for e-commerce activities of foreign investors in Vietnam. According to the draft decree, foreign investors can set up an e-commerce website under the Vietnamese domain name or an e-commerce website with the display language in Vietnamese. The option of setting up an e-commerce exchange floor with a specified number of transactions from Vietnam in a year is also considered for selection.

In addition, foreign investors setting up e-commerce websites in Vietnam must notify and register e-commerce activities according to regulations. At the same time, they need to ensure the fulfillment of obligations on protection the interests of consumers. The quality of the goods need to be protected by their representative office, designation of a legal representative in Vietnam.

Foreign investors selling goods on Vietnamese e-commerce exchanges must comply with the operating regulations of e-commerce exchanges in Vietnam. When providing Vietnam e-commerce exchanges, foreign investors are responsible for verifying their identities. In addition, foreign investors conducting e-commerce activities are responsible for complying with the provisions of Vietnamese law on the right to export and import goods in accordance with the laws.

The draft decree also specifies that e-commerce service is a conditional market access industry for foreign investors. Market access conditions will also be considered accordingly. In addition, the control and domination of enterprises providing e-commerce services are also clearly regulated.

In the coming time, Vietnam will continue to receive comments to supplement and complete the draft of decree amending Decree 52 on e-commerce activities. It is important to create a clear and appropriate e-commerce operating environment to attract foreign investors with experience and capability to invest, set up company and operate in Vietnam in the area of e-commerce to facilitate goods transaction, protect intellectual property, reduce cost. However, it is also equally important to ensure the management of investment activities of foreign investors in the field of e-commerce in Vietnam.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

Nguồn: https://antlawyers.vn/library/whats-new-in-the-draft-of-the-decree-on-amending-the-decree-52-on-e-commerce.html

Digitalizing Vietnam Supporting Industry Database

 On June 19, the Department of Industry (Vietnam Ministry of Industry and Trade) collaborated with the International Financial Corporation (IFC) of the World Bank Group, with funding from the Australian Department of Foreign Affairs and Trade (DFAT) and the Swiss Federal Economic Office (SECO) organized the “Opening Ceremony of the Database System of Vietnam’s processing, manufacturing and supporting industries” and put the Supporting Industry Portal into operation.

This system is intended to support the provision of adequate information about enterprises for organizations and individuals wishing to search, connect and trade; It provides foreign-invested enterprises (FDI enterprises) with an overview of production capacity, supply capability, product quality and technology of Vietnamese manufacturing enterprises, as the same time, enhancing connectivity between Vietnamese enterprises and FDI enterprises and investors.

Supporting industries are industries that produce raw materials, accessories, spare parts, and semi-finished products to supply the manufacturing, processing and assembling industry of finished products being production materials manufacturing or consumer products.

Vietnam’s supporting industry is growing and playing an important role in participating in the global supply chain and value chain. Large foreign companies and corporations have established many company manufacturing, processing and assembling factories in Vietnam. In 2019, the whole country has 3,478 new projects, with a total capital of nearly 31.8 billion USD; in which, processing and manufacturing industry accounted for the highest proportion with a total capital of 21.6 billion USD, accounting for 67.8% of total registered investment capital. This demonstrates the expectation of FDI enterprises to reduce transportation costs and risks, so it will create great opportunities for domestic parts suppliers to develop production.

According to data on the Enterprise Information Database system, Vietnam now has 500 enterprises in the field of mechanical engineering, 347 enterprises in the field of automobiles, 750 enterprises in the field of electricity, 1,145 enterprises in the textile sector and 910 enterprises in the footwear sector.

The database system of manufacturing, processing and supporting industries is an important milestone in addressing the need to establish a domestic B2B connection network with foreign countries, helping enterprises and investors finding information quickly, accurately, meeting the needs of investment connection, enhancing cooperation opportunities between Vietnamese enterprises and FDI enterprises and multinational corporations.

In the future, the government will continue to support resources and finance to improve the qualifications of the database system management staff, expand the data information of many industries and continue to develop new features that allow enterprises to create their own booths to introduce products, proceed to establish an e-commerce platform for the processing, manufacturing and supporting industries, help enterprises proactively approach and promote cooperation, contribute to the development of Vietnam’s industry in the future.

Nguồn:https://antlawyers.vn/library/digitalizing-vietnam-supporting-industry-database.html

How to Register Mobile Application in E-commerce in Vietnam?

 The service conducted via mobile applications is no longer a trend, but actually it has become an essential tool for any business that wish to grow and compete in the marketplace.

E-commerce applications on mobile platforms, referred to as mobile applications, are applications installed on networked mobile devices that allow users to access databases of other traders, organizations and individuals to purchase, sell, or use services, including sales applications and e-commerce service applications.

Owners of sale applications, including traders, organizations or individuals that have been granted personal tax identification numbers, must notify the Vietnam Ministry of Industry and Trade of sale applications. Traders or organizations owning applications providing e-commerce services must carry out the registration procedures with the Vietnam Ministry of Industry and Trade. When announcing or registering a mobile application, traders and organizations should comply with the principles when using the mobile application with both sales and e-commerce service delivery functions, register with the Ministry of Industry and Trade according to regulations; and with a mobile application, traders, organizations and individuals only perform the notification or registration procedure once for different versions of the application.

In particular, notification of sales applications includes: application name; storage address or application download address; types of goods and services introduced on the website; registered name of trader, organization or name of website owner; the address of the trader, organization or permanent address of the individual; serial number, date of issue and place of issue of business registration certificate of the trader, or number, date of issue and unit issuing the decision on establishment of the organization; or an individual’s tax code; name, title, identity card number, telephone number and email address of the representative of the trader or person responsible for e-commerce website.

For registration of applications providing e-commerce services, registration documents include: an application for registration of e-commerce service provision; authenticated copy of establishment decision (for organizations), enterprise registration certificate, investment registration certificate (for traders); scheme of providing e-commerce services; operation management regulations of applications providing e-commerce services; form of service contract or cooperation agreement between traders and organizations owning applications providing e-commerce services and traders, organizations or individuals participating in the purchase, sale or auction, promotion for goods or services on that application; general trading conditions applicable to activities of purchase, sale, or auction, promotion of goods and services on applications (if any).

The process of notification of sales applications shall comply with the process of notification of sales e-commerce websites; The process of registering e-commerce service provision applications is similar to the process of registering e-commerce service websites at the E-commerce operation management portal. After the individual or organization has completed the mobile application registration procedure and it has been certified by the Ministry of Industry and Trade, the application will be allowed to conduct e-commerce activities.

If the owner of the sale application fails to notify the competent state management agency as prescribed, a fine of between VND 10,000,000 and VND 20,000,000 will be imposed. Besides, traders or organizations that set up e-commerce service applications without registering with competent state management agencies shall be subject to a fine of between VND 20,000,000 and VND 30,000,000.

Above is the brief on mobile application registration except for mobile applications in the fields of banking, credit, insurance, trading, money, gold, crypto currency and foreign exchange applications and other means of payment, payment applications, payment intermediary services and financial services, online game applications, betting applications or prize-winning games. Traders, organizations and individuals that own mobile applications in such special areas should pay attention to comply with regulations of laws in such areas to avoid violations to the laws of Vietnam or should consult with lawyers in Vietnam for advice.

Nguồn:https://antlawyers.vn/library/how-to-register-mobile-application-in-e-commerce-in-vietnam.html

Vietnam Sets to Develop E-commerce and Target 55% of the Population to Shop Online

 On May 15, 2020, the Prime Minister issued Decision No. 645/QD-TTg approving the National Master Plan on e-commerce development in the 2021-2025 period aiming to develop e-commerce business area through changing in policy, creating favourable environment, increasing government spending, and attracting investors participating and setting up business in developing e-commerce in Vietnam to transform the economy toward industry 4.0.

Specifically, the Vietnam Prime Ministers set the following goals to be achieved by 2025: 55% of the population participate in online shopping, the average purchase value is 600 USD/person/year; e-commerce revenue increases by 25%/year, reaching 35 billion USD, accounting for 10% of the total retail sales of goods and revenue of consumer services nationwide; non-cash payment in e-commerce reached 50%, of which payments made through intermediary payment service providers accounted for 80%; the average cost for delivery and final order completion accounts for 10% of the product cost in e-commerce; 70% of purchases on e-commerce applications have e-invoices.

Regarding e-commerce applications in enterprises: 80% of e-commerce websites have integrated online ordering function; 50% of small and medium enterprises conduct business activities on e-commerce trading floor, including social network with function of e-commerce trading floor; 40% of businesses participate in e-commerce activities on mobile applications; 70% of electricity, water, telecommunications and communication service providers deploy electronic contracts with consumers.

To accomplish the above objectives, the Prime Minister proposed specific groups of solutions, including: perfecting mechanisms and policies to meet the needs of e-commerce development in the context of technology revolution 4.0; improving the management and organization of e-commerce activities, online dispute resolution (ODR), fighting against commercial frauds, intellectual property violations.

The Prime Minister’s policy shows the role of e-commerce in the present era. E-commerce is one of the pioneering areas of the digital economy, where the advanced technologies of the Industrial Revolution 4.0 are widely applied to increase the efficiency of the business cycle, contribute to modernizing the distribution system, improve the competitiveness of enterprises, promote the development of the domestic market and export. Besides, identifying the overall goal when developing e-commerce in Vietnam is support and promote the widespread use of e-commerce in businesses and the community; to bridge the gap between major cities and localities on the level of e-commerce development; to build a healthy, competitive and sustainable e-commerce market; to expand consumption markets for Vietnamese goods at home and abroad through e-commerce applications; to promote cross-border e-commerce and transactions; to become a country with a developed e-commerce market among the top 3 countries in Southeast Asia.

This is an opportunity for domestic and foreign investors in the field of e-commerce as well as an auxiliary service for e-commerce to promote business and investment activities in Vietnam through establishment of companies providing services.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

Nguồn: https://antlawyers.vn/update/vietnam-sets-to-develop-e-commerce-and-target-55-of-the-population-to-shop-online.html

  Documentary Credit (also known as letter of credit or bankers commercial credit, or letter of undertaking) is one of the payment instruments that institutions providing non-cash payment services (banks, foreign bank branches, etc.) deal with to make a valid payment transaction at the request of the account holder. Documentary credit is the most commonly used for payment of international sales of goods.

The supply of international payment services by institutions providing non-cash payment services shall be conducted in accordance with regulations of the law on foreign exchange management, treaties to which Vietnam is a member and commercial practices (including international commercial practices provided by the International Chamber of Commerce; and other commercial practices which are not contrary to the Vietnamese laws) which agreed upon by the parties.

According to UCP 600, credit means any arrangement, however named or described, that is irrevocable and thereby constitutes a definite undertaking of the issuing bank to honour a complying presentation. Documentary credit is an independent and separate transaction from the sales and other contracts on which it may be based. The Issuing Banks and Advising Banks are in no way concerned with or bound by contract between the Applicant (purchaser) and the Beneficiary (seller), even if any reference whatsoever to it is included in the credit. Banks deal with documents only. Goods, services or performance to which the documents may relate are not under scope of handling of the Banks. When the issuing bank determines that a presentation of documents is complying, payment shall be made.

The independence between the documentary credit and the sales contract ensures that the seller definitely receives payment if complying presentation, however, does not protect the interests of the purchaser when there is any dispute about the quality of the delivered goods or any other dispute after delivery. When the seller presents complying documents, the issuing bank is obliged to make payment without any doubt whetherf the goods have actually been delivered according to the specifications as specified in the contract. At the same time, the cancellation or termination of contract does not affect the effectiveness of documentary credit, payment still is made if presentation is complying.

International payment instruments play an important role in commercial transactions between parties residing in different countries. Each payment method reflects the way of receiving and paying for goods amount between the buyer and the seller. The parties participating in international commerce transaction need to understand the characteristics of each payment instrument to protect their rights and obligations, and avoid disputes in international sales of goods, or disputes in financial service using letter of credit or other forms, disputes in performance of contract and should involve lawyers in early stage if possible to avoid mishap.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Attorneys in Hanoi, Attorneys in Ho Chi Minh and Attorneys in Danang.

How to Register Mobile Application in E-commerce in Vietnam?

  The service conducted via mobile applications is no longer a trend, but actually it has become an essential tool for any business that wish to grow and compete in the marketplace.

E-commerce applications on mobile platforms, referred to as mobile applications, are applications installed on networked mobile devices that allow users to access databases of other traders, organizations and individuals to purchase, sell, or use services, including sales applications and e-commerce service applications.

Owners of sale applications, including traders, organizations or individuals that have been granted personal tax identification numbers, must notify the Vietnam Ministry of Industry and Trade of sale applications. Traders or organizations owning applications providing e-commerce services must carry out the registration procedures with the Vietnam Ministry of Industry and Trade. When announcing or registering a mobile application, traders and organizations should comply with the principles when using the mobile application with both sales and e-commerce service delivery functions, register with the Ministry of Industry and Trade according to regulations; and with a mobile application, traders, organizations and individuals only perform the notification or registration procedure once for different versions of the application.

In particular, notification of sales applications includes: application name; storage address or application download address; types of goods and services introduced on the website; registered name of trader, organization or name of website owner; the address of the trader, organization or permanent address of the individual; serial number, date of issue and place of issue of business registration certificate of the trader, or number, date of issue and unit issuing the decision on establishment of the organization; or an individual’s tax code; name, title, identity card number, telephone number and email address of the representative of the trader or person responsible for e-commerce website.

For registration of applications providing e-commerce services, registration documents include: an application for registration of e-commerce service provision; authenticated copy of establishment decision (for organizations), enterprise registration certificate, investment registration certificate (for traders); scheme of providing e-commerce services; operation management regulations of applications providing e-commerce services; form of service contract or cooperation agreement between traders and organizations owning applications providing e-commerce services and traders, organizations or individuals participating in the purchase, sale or auction, promotion for goods or services on that application; general trading conditions applicable to activities of purchase, sale, or auction, promotion of goods and services on applications (if any).

The process of notification of sales applications shall comply with the process of notification of sales e-commerce websites; The process of registering e-commerce service provision applications is similar to the process of registering e-commerce service websites at the E-commerce operation management portal. After the individual or organization has completed the mobile application registration procedure and it has been certified by the Ministry of Industry and Trade, the application will be allowed to conduct e-commerce activities.

If the owner of the sale application fails to notify the competent state management agency as prescribed, a fine of between VND 10,000,000 and VND 20,000,000 will be imposed. Besides, traders or organizations that set up e-commerce service applications without registering with competent state management agencies shall be subject to a fine of between VND 20,000,000 and VND 30,000,000.

Above is the brief on mobile application registration except for mobile applications in the fields of banking, credit, insurance, trading, money, gold, crypto currency and foreign exchange applications and other means of payment, payment applications, payment intermediary services and financial services, online game applications, betting applications or prize-winning games. Traders, organizations and individuals that own mobile applications in such special areas should pay attention to comply with regulations of laws in such areas to avoid violations to the laws of Vietnam or should consult with lawyers in Vietnam for advice.