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SOCIAL NETWORK IS CONSIDERED AS A FORM OF OPERATION OF E-COMMERCE TRADING FLOOR

The Decree No. 85/2021/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 53/2013/ND-CP dated May 16, 2013, on e-commerce is promulgated by the Government on September 25, 2021.

According to this Decree, forms of operation of e-commerce trading floor are amended and supplemented as follows: Website allows participants to open booths for display and introduction of goods or services; Website allows participants to open accounts to enter into a contract with customers; Website has a sale and purchase section permitting participants to post news of sale and purchase of goods or services; Social network has one of the above methods and participants directly or indirectly paying charges for performing such activities.

Also, to add regulations on foreign traders and organizations having websites providing e-commerce services in Vietnam. To be specific: A foreign trader or organization having a website providing e-commerce services in Vietnam means a foreign trader or organization having an e-commerce website with Vietnamese domain name; an e-commerce website with Vietnamese language; or an e-commerce website with more than 100,000 transactions from Vietnam in a year.

Besides, market access conditions applicable to a foreign investor in the e-commerce field include: The foreign investor invests in the business of providing e-commerce services in Vietnam as prescribed; The Ministry of Public Security’s opinions on appraisal of national security is required for a foreign investor controlling 1 enterprise or more in the group of 5 leading enterprises in the e-commerce service market in Vietnam.

This Decree takes effect on January 01, 2022.

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