Circular No. 21/2018/TT-BCT amends certain Articles of Circular No. 47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on the management of e-commerce websites and Circular No. 59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on the management of e-commerce activities through applications on mobile devices.

CIRCULAR

Amending certain Articles of Circular No. 47/2014/TT-MCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No. 59/2015/TT-MCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-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;

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 to amend certain Articles of Circular No. 47/2014/TT-MCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No. 59/2015/TT-MCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce activities through applications on mobile devices.

Article 1. Amend certain Articles of Circular No. 47/2014/TT-MCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites (hereinafter referred to as Circular No. 47/2014/TT-MCT) as follows:

1. Repeal Article 8 of Circular No. 47/2014/TT-MCT.

2. Amend Article 13 of Circular No. 47/2014/TT-MCT as follows:

"The registrant shall be a trader or organization that has an e-commerce website providing at least one of the following services:"

1. E-commerce trading platform service.

2. Online promotional service.

3. Online auction service."

3. Repeal Article 21 of Circular No. 47/2014/TT-MCT.

4. Replace the phrase "Department of E-commerce and Information Technology" with the phrase "Department of E-commerce and Digital Economy" in Clause 2, Article 15; Clause 1, Article 16; Clause 2, Article 17; Clause 2, Article 18; Clause 2, Article 23; Clause 1, Article 24; Clause 2, Article 25; Clause 2, Article 26; Clause 1 and 3, Article 32 and all Forms attached to Circular No. 47/2014/TT-MCT.

Article 2. Amend certain Articles of Circular No. 59/2015/TT-MCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce activities through applications on mobile devices (hereinafter referred to as Circular No. 59/2015/TT-MCT) as follows:

1. Amend Article 10 of Circular No. 59/2015/TT-MCT as follows:

"The notifier shall be the owner of the sales application, including traders, organizations, or individuals who have been issued a personal tax code."

2. Amend Article 13 of Circular No. 59/2015/TT-MCT as follows:

"The registrant shall be a trader or organization owning an application providing e-commerce services as stipulated in Clause 3, Article 3 of this Circular."

3. Replace the phrase "Department of E-commerce and Information Technology" with the phrase "Department of E-commerce and Digital Economy" in the basis for issuance; Clause 2 and 3, Article 17; Clause 1 and 3, Article 23 and all Forms attached to Circular No. 59/2015/TT-MCT.

Article 3. Implementation Provisions

1. This Circular takes effect from October 18, 2018.

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