Circular 21/2018/TT-BCT amending Circular 47/2014/TT-BCT regulating the management of e-commerce websites and Circular 59/2015/TT-BCT providing for the management of e-commerce activities via mobile application issued by the Minister of Industry and Trade

CIRCULAR

AMENDING A NUMBER OF ARTICLES OF CIRCULAR NO.47/2014/TT-BCT DATED DECEMBER 05, 2014 OF THE MINISTRY OF INDUSTRY AND TRADE ON MANAGEMENT OF E-COMMERCE WEBSITES AND CIRCULAR NO.59/2015/TT-BCT DATED DECEMBER 31, 2015 OF THE MINISTRY OF INDUSTRY AND TRADE ON MANAGEMENT OF E-COMMERCE ACTIVITIES VIA APPLICATIONS ON MOBILE EQUIPMENT

Pursuant to Decree No.98/2017/ND-CP dated August 18, 2017 of the Government on functions, duties, rights and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No.52/2013/ND-CP dated May 16, 2013 of the Government on e-commerce;

Pursuant to Decree No.08/2018/ND-CP dated January 15, 2018 of the Government on amendments to a number articles of Decree related to investment and business conditions in fields under management of the Ministry of Industry and Trade;

At the request of the Director of the E-Commerce and Digital Economy Agency,

The Minister of Industry and Trade promulgates a Circular amending a number of articles of Circular No.47/2014/TT-BCT and Circular No.59/2015/TT-BCT.

Article 1. Amending a number of articles of Circular No.47/2014/TT-BCT dated December 05, 2014 of the Ministry of Industry and Trade on management of e-commerce websites (hereinafter referred to as “Circular No.47/2014/TT-BCT) as follows:

1. Article 8 of Circular No.47/2014/TT-BCT shall be annulled.

2. Article 13 of Circular No.47/2014/TT-BCT shall be amended as follows:

“Registrants refer to traders or organizations having e-commerce websites providing at least one of the following services:

1. E-commerce exchange services

2. Online promotion services

3. Online auction services"

3. Article 21 of Circular No.47/2014/TT-BCT shall be annulled.

4. The phrase “Cục Thương mại điện tử và Công nghệ thông tin” (“E-commerce and Information Technology Agency") which is mentioned 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 forms provided in Appendix issued together with Circular No.47/2014/TT-BCT will be replaced by the phrase “Cục Thương mại điện tử và Kinh tế số” (“E-commerce and Digital Economy Agency”).

Article 2. Amending a number of articles of Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce activities via applications on mobile equipment (hereinafter referred to as “Circular No.59/2015/TT-BCT) as follows:

1. Article 10 of Circular No.59/2015/TT-BCT shall be amended as follows:

“Persons to make notification are owners of goods sale applications, including traders, organizations and individuals having a tax code.”

2. Article 13 of Circular No.59/2015/TT-BCT shall be amended as follows:

“Registrants are traders or organizations having applications providing e-commerce services prescribed in Clause 3 Article 3 herein.”

3. The phrase “Cục Thương mại điện tử và Công nghệ thông tin” (“E-commerce and Information Technology Agency") which is mentioned in legal bases, Clause 2 and 3 Article 17, Clause 1 and 3 Article 23 and forms provided in the Appendix issued together with Circular No.59/2015/TT-BCT will be replaced by the phrase “Cục Thương mại điện tử và Kinh tế số” (“E-commerce and Digital Economy Agency”).

Article 3. Implementation provisions

1. This Circular comes into force from October 18, 2018.

2. Should any question arise during implementation, traders or relevant organizations and individuals shall promptly inform the Ministry of Industry and Trade for consideration and handling./.

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