Vietnam: Implemented Vietnam Decree 85/2021/ND-CP containing e-commerce definition and requirements

On 1 January 2022, the Decree 85/2021/ND-CP is implemented by the Vietnamese Government. The deree amends Decree 52/2013/ND-CP on e-commerce by introducing a new definition of e-commerce services. To be considered as an e-commerce platform, a website must allow participants to showcase goods or services, establish contracts with customers and sell products. Social network websites are considered e-commerce platforms if they allow at least one of these possibilities and charge a related fee. The decree covers all foreign e-commerce services that offer their websites in Vietnam and foreigners selling on Vietnam-based websites. The decree defines e-commerce service providers as "customs declarants" and introduces a customs electronic data processing system for goods that are imported or exported due to e-commerce transactions. Finally, the decree introduces exemptions for inspection and taxation of importer goods under a certain threshold customs value.