Thông tư 21/2018/TT-BCT sửa đổi Thông tư 47/2014/TT-BCT về quản lý website thương mại điện tử, Thông tư 59/2015/TT-BCT quản lý hoạt động thương mại điện tử qua ứng dụng di động

THE MINISTRY OF INDUSTRY AND TRADE

CircularNo. 21/2018/TT-BCT dated August 20, 2018 of the Ministry of Industry and Trade on amending a number of Articles of the Circular No. 47/2014/TT-BCT dated December 05, 2014 of the Ministry of Industry and Trade on the management of e-commerce websites and Circular No. 59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on the 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 defining the functions, tasks, powers 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 amending a number of the Articles of the Decrees related to business conditions under state 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. To amend a number of Articles of the Circular No. 47/2014/TT-BCT dated December 05, 2014 of the Ministry of Industry and Trade on the management of e-commerce websites (hereinafter referred to as “Circular No.47/2014/TT-BCT) as follows:

1. To annul Article 8 of Circular No. 47/2014/TT-BCT.

2. To amend Article 13 of Circular No. 47/2014/TT-BCT 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. To annul Article 21 of Circular No. 47/2014/TT-BCT.

4. To replace 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 by the phrase “Cục Thương mại điện tử và Kinh tế số” (“E-commerce and Digital Economy Agency”).

Article 2. To amend a number of Articles of the 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. To amend Article 10 of Circular No. 59/2015/TT-BCT as follows:

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

2. To amend Article 13 of Circular No. 59/2015/TT-BCT as follows:

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

3. To replace 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 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 takes effect on 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./.

For the Minister

The Deputy Minister

Cao Quoc Hung