Which case must register an e-commerce application (mobile App) in Vietnam?

If the enterprise’s application does not serve the purpose of commercial promotion or selling goods or providing services, it is not required to carry out the procedures for notification or registration of e-commerce applications according to Decree No. 52/2013 / ND-CP .

Specific example:

Ms. Bao Yen (Hanoi), her company is currently building an application on the phone with the following form:

  • Application type: Health, lifestyle application.
  • Feature: The application counts the user’s steps for the day, then gives the user a bonus point corresponding to the number of steps taken. Users accumulate bonus points until they reach 10,000 points, they can be converted into cash by requesting a bank transfer. Or users can use this bonus to change into a scratch card.
  • It is a form of promotion and her company does not trade or sell any product on the application.

Ms. Yen asked, in this case, does her company need to register an e-commerce application for sales or just need to announce an e-commerce application for sales? What’s the difference between app registration and app notifications?

In this regard, the Ministry of Industry and Trade responded as follows:

According to the feature description of the application and the result of the return of registration documents of the Ministry of Industry and Trade on the E-commerce Management System at www.online.gov.vn, the application of Ms. Bao Yen does not have to follow the procedures for notification or registration of e-commerce applications according to the provisions of Decree No. 52/2013 / ND-CP dated May 16, 2013 of the Government on E-commerce.

According to Decree No. 52/2013 / ND-CP, notification procedures are applicable to sales applications and registration procedures are applicable to applications that provide e-commerce services.

The company’s application of Ms. Bao Yen, if simply counting the user’s daily steps, not for the purpose of promoting trade or selling goods or providing services, So, it is not the subject of the Decree No. 52/2013 / ND-CP.

Reference:

Definition according to Vietnam law:

“E-commerce activity means conducting part or the whole of the process of commercial activity by electronic means connected to the Internet, mobile telecommunications network or other open networks” .

Goods sale application means an e-commerce application on mobile equipment established by a trader or an organization or individual serving its/his/her trade promotion activities, goods sale or service provision.

– E-commerce service provision application means an e-commerce application on mobile equipment established by a trader or an organization to create an environment for other traders, organizations and individuals to carry out trade activities. E-commerce service provision applications includes e-commerce trading floor applications, online auction applications and online sales promotion applications

——> Thus, Goods sale application is different from the e-commerce service app: the Sales App only serves for businesses, organizations and individuals that build the App, and e-commerce service app is for other units/enterprises (many different companies/ individual) to sell as well.

Legal Basis

– Law on electronic transactions 2005

– Commercial Law 2005

– Decree 08/2018 / ND-CP

-Circular 59/2015 / TT-BCT

-Circular 04/2016 / TT-BCT

-Circular 47/2014 / TT-BCT

-Decree 52/2013 / ND-CP

-Decree 98-2020-ND-CP

Source:baochinhphu.vn, vietnamthings.com

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