Circular No. 01/2022/TT-BCT dated January 18, 2022, of the Department of E-commerce and Digital Economy on amending and supplementing certain articles of Circular No. 47/2014/TT-BCT and Circular No. 59/2015/TT-BCT.

CIRCULAR

Amending and supplementing certain articles of Circular No. 47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of electronic commerce websites and Circular No. 59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of electronic commerce activities through applications on mobile devices

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Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 52/2013/NĐ-CP dated May 16, 2013 of the Government on electronic commerce and Decree No. 85/2021/NĐ-CP dated September 25, 2021 of the Government amending and supplementing certain articles of Decree No. 52/2013/NĐ-CP dated May 16, 2013 of the Government on electronic commerce;

Pursuant to Decree No. 08/2018/NĐ-CP dated January 15, 2018, issued by the Government, amending certain Decrees related to investment conditions within the scope of management by the Ministry of Industry and Trade;

At the proposal of the Director of the Department of Electronic Commerce and Digital Economy,

          The Minister of Industry and Trade issues this Circular amending and supplementing certain articles of Circular No. 47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of electronic commerce websites and Circular No. 59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of electronic commerce activities through applications on mobile devices.

Article 1. Amending and supplementing certain articles of Circular No. 47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of electronic commerce websites (Circular No. 47/2014/TT-BCT)

1. Amend and supplement Article 5 as follows:

“Article 5. Principles for notification and registration of electronic commerce websites

A business entity or organization owning an electronic commerce website with both sales and service functions shall only follow the registration procedures with the Ministry of Industry and Trade as prescribed in Chapter II of this Circular.”

2. Amend and supplement the name of Chapter II as follows:

“Chapter II. Procedures for Notification and Registration of Electronic Commerce Websites and Registration of Activities Providing Electronic Contract Certification Services.”

3. Amend and supplement Article 20 as follows:

“Article 20. Reporting Method of Business Entities and Organizations that Have Registered Electronic Commerce Websites

Business entities and organizations establishing websites providing electronic commerce services shall report to the Ministry of Industry and Trade statistical data on their previous year's operations via the online portal for managing electronic commerce activities or in written form through postal mail.

4. Add Article 20a under Article 20 of Chapter II as follows:

“Article 20a. Activities of Providing Electronic Contract Certification Services

1. The operational regulations for providing electronic contract certification services must be publicly announced on the main page of the website and include the following contents:

a) Rights and obligations of the business entity or organization providing the service;

b) Rights and obligations of the service users;

c) Description of the methods and procedures for implementing electronic contract certification activities;

d) Limitation of liability of the business entity or organization providing electronic contract certification services;

đ) Provisions on information security and information management in the provision of electronic contract certification services;

e) Mechanism for resolving complaints and disputes among parties related to the provision of electronic contract certification services;

g) Measures for handling violations by those who do not comply with the operational regulations.

2. When there is a change in any of the contents mentioned in Clause 1 of this Article, the business entity or organization providing electronic contract certification services must notify all service users at least five days before applying these changes.”

5. Add Article 28a after Article 28 as follows:

“Article 28a. Announcement of the list of leading enterprises in the field of electronic commerce services

1. Before March 15 each year, the Ministry of Industry and Trade announces a group of five leading enterprises in the previous year's market.

2. The information to be announced includes:

a) Name of the trader, organization providing electronic commerce services;

b) Name of the website, application providing electronic commerce services."

6. Supplement Article 29a after Article 29 as follows:

“Article 29a. Announcement of the list of traders and organizations providing electronic contract certification services that have completed registration procedures

1. The list of traders and organizations providing electronic contract certification services that have completed registration procedures and received confirmation from the Ministry of Industry and Trade shall be publicly announced on the Portal for Management of Electronic Commerce Activities.

2. The information to be announced includes:

a) Name of the trader, organization providing electronic contract certification services;

b) Business registration number or establishment decision number of the trader, organization;

c) Head office address, telephone number, and email address of the trader, organization;

3. When registration is terminated or revoked, the information about the trader, organization providing electronic contract certification services will be removed from this list and transferred to the terminated registration status or moved to the list of traders, organizations violating legal provisions."

Article 2. Amending and supplementing certain articles of Circular No. 59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of electronic commerce activities through mobile applications (Circular No. 59/2015/TT-BCT)

1. Amend and supplement Clause 2 of Article 2 as follows:

"2. The traders, organizations, individuals referred to in Clause 1 of this Article are Vietnamese traders, organizations, individuals; foreign individuals residing in Vietnam; foreign traders, organizations conducting electronic commerce activities in Vietnam."

2. Amend and supplement Clause 1, Article 5 as follows:

 "1. Notify the Ministry of Industry and Trade according to the provisions of Section 1 Chapter II of this Circular if the application has online ordering functions."

Article 3. Abolishing and replacing certain clauses and articles of Circular No. 47/2014/TT-BCT and Circular No. 59/2015/TT-BCT

1. Abolishing and replacing certain clauses, articles, and appendices in Circular No. 47/2014/TT-BCT as follows:

a) Abolish Clause 2 of Article 1, Articles 3, 4, 6, and 13.

b) Replace Appendix Application for Registration of Websites Providing Electronic Commerce Services (Form TMĐT-1) with Appendix Application for Registration of Websites Providing Electronic Commerce Services (Form TMĐT-1) issued together with this Circular.

2. Abolish Clause 2 of Article 1, Clause 8 of Article 3, Article 10, and Article 13 in Circular No. 59/2015/TT-BCT.

Article 4. Implementation provisions

1. This Circular takes effect from March 8, 2022.

2. During the implementation of this Circular, if any difficulties arise, relevant traders or organizations, individuals should promptly report to the Ministry of Industry and Trade for consideration and resolution./.