Livestream sells billions of dong but the state does not collect taxes
On the morning of November 3, at the 10th Session of the 15th National Assembly, Minister of Industry and Trade Nguyen Hong Dien, authorized by the Prime Minister, presented the draft Law on E-commerce.
According to the Government's submission, a rapidly developing trend of e-commerce is livestream sales activities.
Current legal regulations regulate livestream sales activities like an advertising activity accompanying sales, without separate regulations on subjects participating in livestream (account owners, livestream participants), schools must provide viewers with minimum information, professional qualifications of livestream participants, identification of account owners, tax payment obligations and issues of information control during livestream distribution.
In practice, there have been many incidents such as livestream sales of billions of dong but the state does not collect taxes or international beauty queens conduct livestream sales of vegetable candy, exaggerating the function of the product, greatly affecting purchasing decisions and consumers' health.
Because there is no electronic identification mechanism as well as comprehensive inspection and supervision, e-commerce platforms can be abused to carry out fraudulent or tax evasion activities. Management agencies, especially tax authorities, cannot fully monitor the transactions and activities of sellers.
Must authenticate the identity of the livestreamer
Regarding some key contents in the draft law, for livestream sales activities, platform owners must authenticate the identities of livestreamers, publicize and implement real-time control mechanisms and measures for livestream sales.
The seller must provide livestreamers with legal documents proving that they meet the conditions. livestream sellers are not allowed to provide false or confusing information about the uses, origin, quality, prices, promotions, warranty policies and other contents related to goods and services.
manufacture advertising content that has been confirmed by competent authorities for goods and services that are subject to legal regulations and must confirm advertising content.
Regarding the control of information that violates the law, the preventive measure is to have an automatic mechanism to censor information before displaying it on the platform; review and remove information that violates the law when detecting or receiving feedback.
Regarding the storage of transaction information, information about goods and services posted on the platform for at least 1 year from the time of posting; information related to the basic content of the transaction contract on the platform for at least 3 years from the time of signing the contract.
Regarding social networks for e-commerce activities, the responsibility of social network management in classifying and displaying the identification mark of the seller's account with another account is added. In case there is an online communication function, there is a tool that allows confirming the content of the contract through the integrated online communication function.
Subjects participating in e-commerce activities must report periodically online through the e-commerce management platform or at the request of a competent state management agency.
