Question: First of all, let me introduce our company. we are a credit insurer headquartered in Paris in the France.
In Vietnam, we serve our clients through our local partners. We are not licensed as an insurer in Vietnam.
We would like to create a Vietnamese website which provides general information about Trade Credit Insurance, Debt Collections Service ect. (basically our products and services).
The future website will be owed by our headquarter.
Could you please advise on our case, what are the legal requirements in Vietnam, what are the general procedures to register the website and how much is your service fee?
Should you require any further information, kindly let me know. Thank you.
Answer: I am lawyer from SB Law. I was entrusted to provide you with legal advice on the registration of websites of foreign companies in Vietnam, please find our comment below for your reference.
According to information provided by you, we understand that your website is considered a sales e-commerce website. It is noted that sales e-commerce websites are e-commerce websites that are established by traders, organizations or individuals to serve their trade promotion, sale of goods or supply of services.m
Meanwhile, the registration of sales e-commerce websites just applies for Vietnamese traders, organizations under Decree 52/2013/ND-CP regarding the e-commerce date of 16 May 2013. According to Article 2.1(c) of Decree 52/2013/ND-CP amended by Clause 2 Article 1 Decree 85/2021/ND-CP, if the foreign trader or organization setting up website providing e-commerce services in Vietnam shall follow procedures for registration of e-commerce activities and establishment of a representative office in Vietnam in accordance with regulations of law or appoint an authorized representative in Vietnam. Of which, the foreign traders and organizations setting up websites for provision of e-commerce services in Vietnam are those operating in one of the following forms:
a) An e-commerce website set up under Vietnam’s domain name;
b) An e-commerce website displayed in Vietnamese language;
c) An e-commerce website that has more than 100.000 transactions originated in Vietnam within a year.
However, we are of the opinion, your website will be a sales e-commerce website, not a website for the provision of e-commerce services. Therefore, at this time, Vietnam Law does not have any specific guidance about registration of sales e-commerce websites for the foreign traders and organizations.
We hope that the above information is helpful to you.
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