Shopee is an e-commerce website that allows buyers and sellers to exchange goods. Unlike traditional buying and selling, where the purchase is made directly, at Shopee, whether in two different provinces or two different countries, the purchase can also take place with the payment of shipping costs. So does selling on Shopee need to register a business? Today, LSX Lawfirm will give you an article about “Do you need a business registration to sell on Shopee in Vietnam?“, as follows:
Legal grounds
Decree 01/2021/ND-CP on business registration, issued on January 4, 2021
And Decree 98/2020/ND-CP on regulations on sanctioning of administrative violations in operation
Decree No. 124/2015/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 185/2013/ND-CP dated November 15, 2013, providing for penalties for administrative violations in commercial activities. trade, manufacture and trade in counterfeit and banned goods and protect the interests of consumers.
What is the sales policy on shopee?
Shopee’s sales policy has set out a number of regulations on the display and sale of products on this e-commerce platform, according to which:
Commodities must have an expiration date on the package
The expiry date is written in the form: “use by day/month/year” will be interpreted as the expiration date before the 1st of that month. The expiry date is recorded in the form: “expiry date: month/year” is understood as the last expiry date of that month. When trading in these goods, you will only be sold when the goods have half their shelf life, at least 30 days from the date of manufacture until the expiration date. The list of items that must have an expiration date include:
- Medicine
- Cosmetic
- Sanitary cleaning chemicals then.
- Perfume
- Sanitary napkins, sanitary diapers then.
- Food
- Functional foods
Items are not allowed to be sold on Shopee
- Counterfeit, imitation, or unauthorized reproduction of a product or item that may infringe the copyright, trademark rights, or other intellectual property rights of third parties then.
- Animals and animal products (including wild animals)
- Antiques and Artifacts
- Used cosmetics
- Fake money, fake seal
- Credit and debit cards
- Currency
- Narcotic substances (including synthetic drugs) then.
- Medicines available by prescription only
- Embargoed items
- Firearms, weapons and dangerous weapon-like products then.
- Cannons
- Sex toys, sex toys of all kinds, aphrodisiacs
- Prohibited foods include: Wild mushrooms, Unpasteurized dairy products, Fresh food, food harmful to human health then.
- Human body parts or remains
- Badges, medals, uniforms or items related to Government, Police, Army then.
- Lock-breaking device
- Lottery tickets, gambling machines
- Pesticides
- Cigarettes, pipes and tools, smoking accessories, pipes then.
- Types of discount codes provided by Shopee.
- Jewelry, gold materials and gems
- Wine, beer and other alcoholic beverages
- Services such as electronic recharge, recruitment, real estate brokerage, insurance, etc., especially illegal services such as prostitution
- Products have been recalled for safety reasons then.
- Stocks, shares, types of securities and seals
- All products and items related to the map
- Electronic monitoring devices and other electronic equipment such as television cable splitters, radar scanners, traffic signal control devices, eavesdropping devices
- Computer programs and software.
Do you need a business registration to sell on Shopee?
Selling goods online at home or at a store will fall under the category of household business according to the regulations on business forms in the Law on Enterprise 2020. Accordingly to the provisions of Decree 01/2021, the owner of the business household is an individual, Individuals and family members who establish a business household need to register their business.
The above regulation understood that business households will have to conduct business registration in order to conduct reports on goods purchase and transaction activities. Except for a few cases where the law should. And in legal cases, there is no case of online sellers (online sales on Shopee).
Thus, it can understood that sellers on Shopee are not exempt from business registration.
How to register a business to sell on Shopee
To register a business to sell on Shopee, the store owner needs to:
Step 1: Prepare your application with the following documents:
- Firstly, Application for business household registration;
- Secondly, Legal documents of the individual, for the head of the household business, for the household member to register the business household in the case of household members’ business household registration;
- Thirdly, A copy of the minutes of the meeting of household members on the establishment of the business household in case the members of the household register as a business household;
- Finally, A copy of the household member’s authorization letter for one member to be the head of the household business, in case household members register as a household business.
Step 2: Submit your application at the District Business Registration Office.
Step 3: Get the result
So Within 03 working days from the date of receipt of the application, the business registration authority of the district will award a receipt and issue a certificate of business household registration. After 03 working days, if the business registrant does not receive the business household registration certificate or does not receive a notice requesting the modification or supplementation of the dossier, the business registrant has the right to lodge a complaint with the state agency then.
Step 4: Create a store to sell products on shopee by creating an account, authenticating and posting business products with product information.
Consulting service of LSX Lawfirm
Above is LSX Lawfirm’s advice on the content of the problem “Do you need a business registration to sell on Shopee in Vietnam?“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.
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Related questions
Accordingly to Decree No. 124/2015/ND-CP amending and supplementing Decree No. 185/2013/ND-CP, the sale of goods without registration will be subject to an administrative penalty, specifically the fine can be up to 3,000. 000 dong. In addition, if you have been sanctioned for doing business without a business license once but continue to do so, you will be fined from VND 5,000,000 to VND 10,000,000.
Selling onions through a shop is mostly a small business. Because it is a small model in the form of an online store, even many shop owners do not want to do business registration due to the requirements of e-commerce platforms. Or want to have a certain type of registration to be both simple and close to the individual and according to the provisions of the law to avoid penalties. Compared with the above requirements, choosing the type of business as an individual business household will be more suitable than establishing a company.
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