Decree No. 85/2021/ND-CP amends and supplements some articles of Decree No. 52/2013/ND-CP dated May 16, 2013 of the Government on electronic commerce (Decree No. 52/2013/ND-CP).

 

DECREE

Amending and supplementing some articles of Decree No. 52/2013/NĐ-CP on e-commerce

dated May 16, 2013 issued by the Government

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Pursuant to the Government Organization Law dated June 19, 2015; the Law Amending and Supplementing One Article of the Government Organization Law and the Local Administration Organization Law dated November 22, 2019; number Pursuant to Resolution No. 69/2022/QH15 dated November 11, 2022 of the National Assembly on the State Budget for 2023;

Pursuant to the Civil Code on November 24, 2015;

Pursuant to the Law on Trade dated June 14, 2005;

Pursuant to the Law on Electronic Transactions dated November 29, 2005;

Pursuant to the Law on Information Technology dated June 29, 2006;

Based on the Consumer Protection Law dated November 17, 2010;

||| Pursuant to the Cybersecurity Law dated November 19, 2015;

||| Pursuant to the Cyber Security Law dated June 12, 2018;

Pursuant to the Competition Law dated June 12, 2018;

Pursuant to the Investment Law dated June 17, 2020;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 52/2013/NĐ-CP dated May 16, 2013 issued by the Government on e-commerce (Decree No. 52/2013/NĐ-CP).

Article 1. Amending and supplementing some articles of Decree No. 52/2013/NĐ-CP

1. Amend and supplement Article 1 as follows:

"Article 1. Scope of Regulation

1. This Decree provides for the development, application, and management of e-commerce activities. E-commerce activities shall be carried out in accordance with this Decree and relevant laws, except for the provisions set forth in Clause 2 of this Article.

2. E-commerce activities in the financial services, banking, credit, insurance, lottery sectors; buying and selling money, gold, foreign exchange, and other payment means; betting or gaming services with rewards; distribution and issuance of digital information content products, broadcasting, and television services have been regulated by specialized laws and are not within the scope of regulation of this Decree."

2. Amending and supplementing Point c Clause 1 Article 2 as follows:

"c) Foreign traders and organizations conducting e-commerce activities as stipulated in Section 5 Chapter IV of this Decree in Vietnam."

3. Supplementing Clause 16 Article 3 as follows:

"16. E-commerce service is an e-commerce activity whereby traders and organizations providing e-commerce services establish an e-commerce website to provide an environment for other traders, organizations, and individuals to conduct trade promotion, sell goods, or provide services.

Traders and organizations providing e-commerce services do not include those traders and organizations that only provide website design services and do not directly participate in business operations, management, or coordination of activities on such websites."

4. Amending and supplementing Point a Clause 1 Article 4 as follows:

"a) Exploiting e-commerce activities to engage in multi-level marketing without obtaining a registration certificate for multi-level marketing sales activities in accordance with the law on managing multi-level marketing sales activities."

5. Amending and supplementing Clause 1 of Article 5 as follows:

"1. Developing and implementing mechanisms, policies, strategies, plans, programs for the development of e-commerce and digital transformation in the field of commerce."

6. Amending and supplementing Clause 1, Clause 2, and Clause 5 Article 24 as follows:

"1. Traders, organizations, and individuals establishing e-commerce websites to serve their trade promotion, sale of goods, or provision of services activities (website owners selling goods).

2. Traders and organizations providing e-commerce services.

5. Traders and organizations providing technical infrastructure, logistics services, and other supporting services for e-commerce activities."

7. Amending and supplementing Clause 1 Article 25 as follows:

"1. An e-commerce sales website is an e-commerce website established by traders, organizations, and individuals to serve their trade promotion, sale of goods, or provision of services activities."

8. Amending and supplementing some points and clauses of Article 26 as follows:

a) Amending and supplementing Point c Clause 3 and Clause 4 Article 26 as follows:

"3. Principles for determining obligations to protect consumer rights in e-commerce activities

c) In cases where traders and organizations providing e-commerce services provide information about goods and services of sellers to consumers on e-commerce websites, such traders and organizations are third parties in the provision of information under the law on protecting consumer rights.

4. Principles for trading restricted goods and services, conditional goods and services, and goods and services in industries and professions subject to investment conditions through e-commerce.

E-commerce activities involving restricted goods and services, conditional goods and services, and goods and services in industries and professions subject to investment conditions must comply with relevant laws."

b) Supplementing Clause 5 Article 26 as follows:

"5. Subjects participating in e-commerce activities have the obligation to comply with the law on information security, cybersecurity, and related laws."

9. Amending and supplementing Clause 1 and Clause 7 Article 27 as follows:

"1. Notifying the Ministry of Industry and Trade about the establishment of an e-commerce sales website according to Section 1 Chapter IV of this Decree if the website has online ordering functions. 7. Storing transaction information conducted through the website in accordance with accounting laws; fulfilling tax obligations in full as prescribed by law."

10. Supplementing Point đ Clause 2 Article 28 as follows:

"đ) Publishing on the main page of the website links to the information specified in Articles 32, 33, and 34 of this Decree in case the website has online ordering functions."

11. Amend and supplement Clause 3 of Article 29 as follows:

"3. A telephone number or another direct online contact method for receiving feedback on the quality of goods and services."

12. Amend and supplement Article 30 as follows:

"Article 30. Information on goods and services

1. For goods and services introduced on websites, sellers must provide information enabling customers to accurately determine the characteristics of the goods and services to avoid misunderstandings when deciding to propose a contract.

2. Information about goods published on websites must include mandatory content displayed on product labels as prescribed by laws on product labeling, except for specific information such as production year, month, and day; expiration date; production batch number; chassis number, engine number.

3. Sellers of goods and services must meet investment and business conditions listed in the catalog of industries and trades subject to conditional business requirements and must publish the number, issuance date, and issuing authority of the Business License, Certificate of Eligibility Conditions, confirmation documents, or other forms of documents as prescribed by laws on business conditions of those industries and trades.

13. Amend and supplement Point b Clause 1 Article 32 as follows:

"b) Inspection policy; return policy, including return period, payment method or exchange of purchased goods, refund process, costs associated with returns;"

14. Supplement Point d Clause 1 Article 33 as follows:

"d) Allocation of responsibilities between traders and service providers in logistics regarding the provision of goods documentation during delivery and receipt;"

15. Amend and supplement Clause 2 Article 35 as follows:

"2. Forms of operation of electronic commerce trading platforms:

a) Websites allowing participants to open shops to display and introduce goods or services;

b) Websites allowing participants to open accounts to conclude contracts with customers;

c) Websites with dedicated sections for buying and selling, where participants can post advertisements for goods and services;

d) Social networks implementing one of the forms of activity specified in Points a, b, c of this clause, and participants directly or indirectly pay fees for these activities."

16. Amend and supplement some points in Article 36 as follows:

a) Amend and supplement Clause 1, Clause 3, Clause 8, Clause 9 Article 36 as follows:

"1. Register to establish a website providing electronic commerce trading platform services according to the provisions of Section 2 Chapter IV of this Decree and publish information about the website owner as stipulated in Article 29 of this Decree on the homepage of the website.

3. Require sellers on the electronic commerce trading platform to provide information as stipulated in Article 29 of this Decree when registering to use the service. For foreign sellers, specific names should be transliterated into Vietnamese or represented using Latin characters.

8. Take timely measures upon discovering or receiving reports of illegal business activities on the electronic commerce trading platform:

a) Block and remove from the website information on the sale of goods and provision of services prohibited under the list of banned goods and services and prohibited industries and trades as prescribed by law;

b) Remove information about goods and services violating the law within 24 hours from the time of receiving requests from competent state management agencies;

c) Collaborate with intellectual property rights holders to review and remove products infringing intellectual property rights according to procedures and formalities announced in the operational regulations of the electronic commerce trading platform;

d) Issue warnings or refuse to provide services temporarily or permanently to individuals, traders, organizations engaging in illegal business activities;

đ) Other measures according to the operational regulations of the electronic commerce trading platform.

9. Support state management agencies in investigating and handling illegal business activities and resolving disputes and complaints.

a) Provide information about entities suspected of violating the law on the electronic commerce trading platform to competent state management agencies when discovered or received such information;

b) Regularly update keywords based on recommendations from competent state management agencies and filter information before displaying goods and services information on the website;

c) Receive and respond to information to resolve complaints, reports, and disputes related to the electronic commerce trading platform at the Ministry of Industry and Trade's Electronic Commerce Activity Management Portal at the address online.gov.vn."

b) Supplement Clause 11 Article 36 as follows:

"11. For electronic commerce trading platforms with online ordering functions, in addition to the above obligations, traders and organizations providing electronic commerce trading platform services have the responsibility:

a) Designate a point of contact to receive requests and provide online information to state management agencies about entities suspected of violating the law; this point of contact will provide information within 24 hours from the time of receiving the request to promptly serve inspection, supervision, violation handling, and complaint resolution work;

b) Represent foreign traders on the electronic commerce trading platform to resolve consumer complaints related to goods and services provided by foreign traders and have the responsibility to inform foreign sellers of their tax obligations when participating in the electronic commerce trading platform according to Vietnamese law;

c) Serve as a point of contact and resolve complaints from consumers in cases where an electronic commerce trading platform transaction involves more than two parties;

d) Store information about online orders conducted on the electronic commerce trading platform in accordance with accounting laws;

đ) Jointly compensate for damages in cases where they violate the obligations stipulated in Clauses 8 and 9 of this Article and cause damage."

17. Amend and supplement some points in Clause 2 Article 38 as follows:

a) Amend and supplement Point c, Point đ, Point g Clause 2 Article 38 as follows:

"c) If the electronic commerce trading platform combines multiple forms of operations, describe the transaction process for each form of organizational activity, including the goods delivery and receipt process (if applicable);"

đ) Rights and obligations of the parties in transactions conducted on electronic commerce trading platforms, where a transaction involves more than two parties, the responsibilities between the sellers and service providers must be clearly distinguished; g) Provisions on information security, inspection mechanisms, and supervision to ensure the provision and management of information on electronic commerce trading platforms;"

b) Supplement Points m, n, and o Clause 2 Article 38 as follows:

"m) Allocation of responsibility for providing goods certificates among the seller, the electronic commerce trading platform service provider, and the logistics service provider when using third-party logistics services;

n) Procedures for cooperation with intellectual property rights holders to review and remove products infringing intellectual property rights from the electronic commerce trading platform;

o) Common policies applicable to transactions on the platform related to product inspection, return policy, refund policy (including cases for refunds, procedures, and methods of refunding customers) when the electronic commerce trading platform has online ordering functions."

18. Amend and supplement Clause 1 Article 53 as follows:

"1. Businesses, organizations, and individuals must notify the Ministry of Industry and Trade about establishing an e-commerce website for selling goods through the E-commerce Management Portal before officially selling goods and providing services to users."

19. Amend and supplement Point a Clause 3 Article 54 as follows:

"a) Organizational model of operations, including service provision activities, promotional and marketing activities both within and outside the online environment; logistics activities for goods."

20. Amend and supplement Point b Clause 2 Article 55 as follows:

"b) A copy from the original book or a certified copy or a copy presented together with the original for verification of the decision to establish (for organizations); an electronic copy from the original book or a certified electronic copy from the original; business registration certificate or enterprise registration certificate (for businesses), business license (for foreign investors, economic organizations with foreign investment)."

21. Amend and supplement Clause 1 Article 60 as follows:

"1. Businesses and organizations conducting credit rating activities for e-commerce websites and providing electronic contract certification services must register with the Ministry of Industry and Trade."

22. Amend and supplement Article 63 as follows:

"Article 63. Activities of Providing Electronic Contract Certification Services

1. Conditions for conducting activities of providing electronic contract certification services:

a) Being a business or organization established under Vietnamese law;

b) Having a project for providing services according to the template prescribed in Clause 8 of this Article and being reviewed by the Ministry of Industry and Trade with the following minimum contents:

- Information about the business or organization including: experience and capacity suitable for the activity of providing electronic contract certification services;

- Technical solution description serving the activity of providing electronic contract certification services, including: system technology description; technical solution description regarding technological solutions, operation procedures, and electronic contract certification including storage plans ensuring the integrity of electronic documents, identification and certification solutions for all parties involved in electronic contract certification activities according to the law, search plans for certified electronic contracts on the system; security plans for the electronic contract certification service system, customer safety information; technical solutions ensuring maintenance and troubleshooting of electronic contract certification activities when incidents occur.

2. Obligations of businesses and organizations providing electronic contract certification services:

a) Being responsible for the confidentiality and integrity of electronic documents they store and certify;

b) Providing documents and supporting state management agencies in investigating violations of laws related to electronic documents they store and certify;

c) Publicly announcing the Rules of Operation for Providing Electronic Contract Certification Services with contents according to the guidance of the Ministry of Industry and Trade;

d) Connecting to the E-commerce Management Portal and reporting to the Ministry of Industry and Trade on the situation of providing electronic contract certification services as required.

3. Registration Documents

a) Application for operating electronic contract certification services;

b) A copy from the original book or a certified copy or a copy presented together with the original for verification of the establishment decision (for organizations), business registration certificate or investment certificate (for businesses);

c) Project for providing electronic contract certification services as prescribed in Point b Clause 1 of this Article.

4. Registration Process

a) The submission, acceptance, and processing of registration documents for providing electronic contract certification services are carried out online by the Ministry of Industry and Trade through the E-commerce Management Portal at www.online.gov.vn;

b) Declaration of documents, businesses, and organizations access the E-commerce Management Portal and proceed according to a five-step process as follows:

Step 1: Businesses and organizations register a login account by providing the following information: name of the business or organization; business registration number of the business or establishment decision number of the organization; headquarters address of the business or organization; contact information, including phone number, fax, email address.

Step 2: Within three working days from the date of providing information in Step 1, businesses and organizations will receive results from the Ministry of Industry and Trade via the registered email address regarding one of the following contents:

- If the account registration information is complete, the business or organization will be granted a login account and proceed to Step 3;

- If the account registration is rejected or additional information is requested, the business or organization must re-register or provide additional information as required.

Step 3: The trader or organization logs into their account on the system, selects the function to register for providing electronic contract certification services, fills out the information according to the form, and attaches the registration dossier.

Step 4: Within twenty days from the date of registering to provide services at Step 3, the trader or organization receives feedback from the Ministry of Industry and Trade via email regarding one of the following contents:

- Confirmation that the registration dossier is complete and valid, and request the trader or organization to proceed to Step 5;

- Notification that the registration dossier is invalid or requires additional information. In this case, the trader or organization returns to Step 3 to re-declare or supplement the required information and dossier.

Step 5: After receiving confirmation that the dossier is complete and valid, the trader or organization sends the complete registration dossier (in paper form) to the Ministry of Industry and Trade (Electronic Commerce and Digital Economy Department).

c) The trader or organization is responsible for monitoring the processing status of the dossier through email or the access account provided to update and modify information as requested.

d) Within thirty days from the date of receiving the notification requesting additional information at Step 4 as stipulated in point b of this clause, if the trader or organization does not respond, the registration dossier on the system will be terminated, and the trader or organization must re-register from the beginning.

5. Registration Confirmation

a) Time for registration confirmation: seven working days from the date of receipt of the complete and valid paper registration dossier directly or via postal service sent by the trader or organization to the Ministry of Industry and Trade (Electronic Commerce and Digital Economy Department) upon completion of the registration process. In cases where the paper dossier sent back does not match the materials and information declared online by the trader or organization, the Ministry of Industry and Trade will notify via the email address registered by the trader or organization to complete the dossier.

b) Upon confirming the registration, the Ministry of Industry and Trade will send a confirmation notice to the trader or organization via the registered email address, simultaneously adding the name of the trader or organization to the list of traders and organizations providing electronic contract certification services on the Portal for Managing Electronic Commerce Activities.

c) After being confirmed for registration, the list of websites with this emblem will be published on the Portal for Managing Electronic Commerce Activities.

d) Within fifteen days from the date the Ministry of Industry and Trade confirms registration as stipulated in point b of this clause, if the enterprise does not submit the paper dossier for confirmation, the trader or organization will have to re-register from the beginning.

6. Modification and Supplement of Registered Information

a) The trader or organization providing electronic contract certification services must report modifications or supplements to the registered information within seven working days from the date of any changes to the registration dossier as specified in Clause 3 of this Article.

b) Reporting modifications or supplements to the registered information is carried out online through the access account provided during registration or by sending a written notice directly or via postal service to the Ministry of Industry and Trade (Electronic Commerce and Digital Economy Department), accompanied by copies of relevant documents proving the change (if any).

c) Within seven working days from the date of receipt of the complete and accurate notification from the trader or organization as stipulated in point b of this clause, the Ministry of Industry and Trade will review and confirm or reject the modified or supplemented information and provide feedback to the trader or organization through the access account provided; in cases of rejection, the reasons must be clearly stated.

7. Withdrawal and Termination of Registration

a) The Ministry of Industry and Trade cancels the registration for traders or organizations providing electronic contract certification services in the following cases:

- Engaging in fraudulent behavior or providing false information during the registration process;

- Exploiting the provision of electronic contract certification services for improper gain;

- Not complying with the contents stipulated in the Project and Rules on Providing Electronic Contract Certification Services as prescribed in this Article;

- Not fulfilling the obligations prescribed in Clause 2 of this Article.

b) The Ministry of Industry and Trade terminates the registration for traders or organizations providing electronic contract certification services in the following cases:

- At the request of the trader or organization itself;

- Not providing electronic contract certification services within three months from the date of confirmation of registration for providing such services.

c) When ceasing operations, the trader or organization providing electronic contract certification services must notify the Ministry of Industry and Trade at least fifteen days in advance to terminate the registration. This notification is made online through the access account provided during registration or by sending a written notice directly or via postal service to the Ministry of Industry and Trade (Electronic Commerce and Digital Economy Department).

d) Upon termination or cancellation of registration, the Ministry of Industry and Trade will remove the name of the trader or organization from the list of traders and organizations providing electronic contract certification services, and simultaneously delete the registration confirmation emblem of the trader or organization on the Portal for Managing Electronic Commerce Activities.

8. The Ministry of Industry and Trade is responsible for guiding traders and organizations in establishing Rules on Providing Electronic Contract Certification Services and issuing sample registration forms and project models for providing electronic contract certification services.

23. Add Point d of Clause 2 Article 64 as follows:

"d) Provide the provincial Departments of Industry and Trade with tools to search and manage information on declarations and registrations of electronic commerce activities by traders, organizations, and individuals within their jurisdiction."

24. Add Section 5 after Section 4 Chapter IV Management of Electronic Commerce Activities as follows:

"Section 5

ELECTRONIC COMMERCE ACTIVITIES

OF FOREIGN TRADERS AND ORGANIZATIONS

Article 67a. Foreign traders and organizations with websites providing e-commerce services in Vietnam

1. Foreign traders and organizations with websites providing e-commerce services in Vietnam are those that operate under one of the following forms:

a) An e-commerce website under a Vietnamese domain name;

b) An e-commerce website displaying content in Vietnamese;

c) An e-commerce website with over 100,000 transactions from Vietnam in one year.

2. Foreign traders and organizations with websites providing e-commerce services in Vietnam, as stipulated in Clause 1 of this Article, shall register their e-commerce activities in accordance with this Decree and establish a representative office in Vietnam in accordance with the provisions of the law, or appoint a representative in Vietnam through authorization.

The content of the representative office's operations or the content of the authorization must ensure the responsibilities prescribed in Clause 5 of this Article.

3. Exported and imported goods traded through e-commerce shall comply with customs procedures as prescribed by the customs laws.

4. Transactions from Vietnam are based on the following sources:

a) Voluntary reports by traders and organizations in accordance with this Decree;

b) Official data from competent state management agencies in Vietnam including: customs authorities; state management agencies for the Internet; state management agencies for banking and taxation;

c) Reports and publicly available information that relevant state management agencies can verify as authentic.

5. Responsibilities of foreign traders and organizations with websites providing e-commerce services in Vietnam

a) Cooperate with state management agencies to prevent transactions of goods and services that violate Vietnamese laws;

b) Fulfill obligations regarding consumer protection, product quality, and goods in accordance with Vietnamese laws;

c) Fulfill reporting obligations as prescribed in Article 57 of this Decree.

Article 67b. Foreign traders and organizations selling goods on Vietnamese e-commerce platforms

1. Foreign traders and organizations conduct sales activities according to the operational regulations of Vietnamese e-commerce platforms.

2. Organizations providing service on Vietnamese e-commerce platforms have the responsibility to verify the identity of foreign traders and organizations selling goods on such platforms, and simultaneously choose to fulfill one of the following responsibilities:

a) Require traders without a physical presence in Vietnam to perform export and import rights in accordance with the law;

b) Organize the import activity on behalf of buyers for goods traded by foreign traders and organizations on the e-commerce platform;

c) Require foreign traders and organizations to designate a commercial agent in Vietnam.

3. Exported and imported goods traded through e-commerce shall comply with customs procedures as prescribed by the customs laws.

Article 67c. Conditions for foreign investors to access the market in the field of e-commerce services

1. Providing e-commerce services is a business sector subject to conditional market access for foreign investors.

2. Market access conditions include:

a) Foreign investors investing in operating e-commerce services in Vietnam in accordance with Clauses 1 and 2 of Article 21 of the Investment Law;

b) Foreign investors controlling one or more enterprises among the top five leading enterprises in the Vietnamese e-commerce service market, as listed by the Ministry of Industry and Trade, must obtain a national security assessment opinion from the Ministry of Public Security.

3. A foreign investor controls an enterprise providing e-commerce services as stipulated in Point b Clause 2 of this Article when it falls into one of the following cases:

a) The foreign investor holds ownership of more than 50% of the registered capital or more than 50% of voting shares of the enterprise;

b) The foreign investor directly or indirectly decides on the appointment, dismissal, or removal of the majority or all members of the board of directors, chairman of the board of members, director, or general manager of the enterprise;

c) The foreign investor has the right to decide on important issues in the enterprise's business operations, including selecting the technological platform, organizational form of business; choosing industries, businesses, areas, and business forms; adjusting the scale and industry of business; selecting methods of raising, allocating, and using business capital of the enterprise.

4. The group of five leading enterprises in the market at Point b Clause 2 of this Article is determined based on criteria such as number of visits, number of sellers, number of transactions, total transaction value.

5. In the case stipulated in Point b Clause 2 of this Article, the investor shall implement during the process of applying for and adjusting the Business License in accordance with the Government's regulations on commodity trading activities and related activities directly related to commodity trading of foreign investors and foreign-invested economic organizations as follows:

a) During the process of giving opinions within its authority on the Application for Issuance and Adjustment of Business Licenses, the Ministry of Industry and Trade will request an opinion from the Ministry of Public Security;

b) Based on the request from the Ministry of Industry and Trade, the Ministry of Public Security will issue a document clearly stating its approval or disapproval of the investor's proposal and send it back to the Ministry of Industry and Trade within 20 days from the date of receipt of the Ministry of Industry and Trade's request;

c) Based on the opinion of the Ministry of Public Security, the Ministry of Industry and Trade will issue a document responding to the licensing agency in accordance with the regulations;

d) The time taken to seek an opinion from the Ministry of Public Security does not count towards the time limit for the Ministry of Industry and Trade's approval opinion as prescribed by law.

6. Investors who invest in small and medium-sized innovative start-up enterprises in accordance with the law on supporting small and medium-sized enterprises are exempt from implementing the provisions of Clause 2 of this Article.

25. Amend and supplement Article 80 as follows:

1. The Ministry of Industry and Trade shall be responsible for:

"Article 80. Implementation Organization

b) Cooperate with the Ministry of Information and Communications and the Ministry of Public Security in protecting information security and cyber security for electronic commerce activities. Recommend the Ministry of Public Security to handle violations related to cyber security in electronic commerce according to the law;

c) Organize the dissemination and communication of laws related to electronic commerce activities;

d) Inspect, examine, settle complaints and handle violations related to electronic commerce activities;

đ) Guide and inspect the implementation of this Decree;

2. The Ministry of Information and Communications shall be responsible for:

a) Cooperate in providing information and sharing data with the Ministry of Industry and Trade on Internet management for websites conducting electronic commerce activities in Vietnam;

b) Take the lead and cooperate with the Ministry of Industry and Trade to ensure information security in electronic commerce, reclaim the ".vn" domain name, and enforce measures to handle violations against electronic commerce websites according to the law on administrative penalties;

3. The Ministry of Finance shall be responsible:

a) Cooperate in providing information, connecting, and sharing databases with the Ministry of Industry and Trade regarding the number of orders for exported and imported goods traded through electronic commerce;

b) Update the list of foreign suppliers directly registering and declaring taxes; foreign suppliers engaging in electronic commerce, business based on digital platforms, and other services in Vietnam that have not registered and declared taxes according to tax laws on the Electronic Portal of the General Department of Taxation;

4. The Ministry of Planning and Investment shall be responsible for cooperating in providing information and sharing data with the Ministry of Industry and Trade on enterprises registered in the field of electronic commerce business;

5. The Ministry of Public Security shall be responsible for:

a) Lead the protection of cyber security for electronic commerce activities; cooperate with the Ministry of Industry and Trade to provide information on activities using cyberspace that infringe upon sovereignty, interests, national security, public order, and social safety, and prevent and combat cybercrime in electronic commerce;

b) Cooperate in reviewing national security conditions when foreign investors access the market for electronic commerce services at the request of the Ministry of Industry and Trade;"

Article 2. Repeal certain provisions of Decree No. 52/2013/NĐ-CP

1. Repeal Clause 2, Article 2, Clause 2, Article 44, Clause 2, Article 60, and Article 62;

2. Repeal the phrase "or has not been granted permission" in Point d, Clause 1, Article 4; the phrase "or apply for permission" in Point e, Clause 1, Article 4; the phrase "has been granted permission" in Point b, Clause 3, Article 9; the phrase "permission application procedures" in Point c, Clause 2, Article 64; the phrase "terminate or revoke the license" in Point l, Clause 1, Article 78; the phrase "suspend the right to use the license" in Clause 2, Article 78;

Article 3. Implementation Provisions

1. This Decree takes effect from January 1, 2022;

2. Transitional provisions:

a) Within 180 days from the date this Decree takes effect, traders, organizations, and individuals engaged in electronic commerce activities confirmed by the Ministry of Industry and Trade under Decree No. 52/2013/NĐ-CP must amend and supplement their notifications and registrations according to this Decree;

b) Traders, organizations, and individuals engaged in electronic commerce activities who have submitted notification and registration applications but have not been confirmed by the Ministry of Industry and Trade before this Decree takes effect shall implement notifications and registrations according to this Decree;

c) Within 12 months from the date this Decree takes effect, traders and organizations specified in Articles 67a and 67c must carry out procedures and obligations according to this Decree;

3. The Minister, Head of a ministerial-level agency, Head of an agency under the Government, Chairman of the People's Committee of provinces and centrally governed cities shall be responsible for implementing this Decree.