The service conducted
via mobile applications is no longer a trend, but actually it has become an
essential tool for any business that wish to grow and compete in the
marketplace.
E-commerce applicationson mobile platforms,
referred to as mobile applications, are applications installed on networked
mobile devices that allow users to access databases of other traders,
organizations and individuals to purchase, sell, or use services, including
sales applications and e-commerce service applications[1].
Owners of sale
applications, including traders, organizations or individuals that have been
granted personal tax identification numbers, must notify the Vietnam Ministry
of Industry and Trade of sale applications[2]. Traders or organizations owning
applications providing e-commerce services must carry out the registration
procedures with the Vietnam Ministry of Industry and Trade. When announcing or
registering a mobile application, traders and organizations should comply with
the principles when using the mobile application with both sales and e-commerce
service delivery functions, register with the Ministry of Industry and Trade
according to regulations; and with a mobile application, traders, organizations
and individuals only perform the notification or registration procedure once
for different versions of the application[3].
In particular,
notification of sales applications includes: application name; storage address
or application download address; types of goods and services introduced on the
website; registered name of trader, organization or name of website owner; the
address of the trader, organization or permanent address of the individual;
serial number, date of issue and place of issue of business registration
certificate of the trader, or number, date of issue and unit issuing the
decision on establishment of the organization; or an individual’s tax code;
name, title, identity card number, telephone number and email address of the
representative of the trader or person responsible for e-commerce website[4].
For registration of
applications providing e-commerce services, registration documents include[5]:
an application for registration of e-commerce service provision; authenticated
copy of establishment decision (for organizations), enterprise registration
certificate, investment registration certificate (for traders); scheme of
providing e-commerce services; operation management regulations of applications
providing e-commerce services; form of service contract or cooperation
agreement between traders and organizations owning applications providing
e-commerce services and traders, organizations or individuals participating in
the purchase, sale or auction, promotion for goods or services on that
application; general trading conditions applicable to activities of purchase,
sale, or auction, promotion of goods and services on applications (if any).
The process of
notification of sales applications shall comply with the process of
notification of sales e-commerce websites; The process of registering e-commerce
service provision applications is similar to the process of registering
e-commerce service websites at the E-commerce operation management portal.
After the individual or organization has completed the mobile application
registration procedure and it has been certified by the Ministry of Industry
and Trade, the application will be allowed to conduct e-commerce activities.
If the owner of the sale
application fails to notify the competent state management agency as
prescribed, a fine of between VND 10,000,000 and VND 20,000,000 will be
imposed. Besides, traders or organizations that set up e-commerce service
applications without registering with competent state management agencies shall
be subject to a fine of between VND 20,000,000 and VND 30,000,000[6].
Above is the brief on
mobile application registration except for mobile applications in the fields of
banking, credit, insurance, trading, money, gold, crypto currency and foreign
exchange applications and other means of payment, payment applications, payment
intermediary services and financial services, online game applications, betting
applications or prize-winning games. Traders, organizations and individuals
that own mobile applications in such special areas should pay attention to
comply with regulations of laws in such areas to avoid violations to the laws
of Vietnam or should consult with lawyers in Vietnam for advice.
[1] clause 1, Article 3
of Circular no. 59/2015/TT-BCT
[2][2] clause 1 Article
2 of Circular no. 21/2018/TT-BCT
[3] Article 4 Circular
no. 59/2015/TT-BCT
[4] clause 1 Article 11
of Circular no. 59/2015/TT-BCT
[5] Article 14 Circular
no.59/2015/TT-BCT
[6] clause 32 Article 1
Decree no. 124/2015/ND-CP
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