THE
MINISTRY OF INDUSTRY AND TRADE
------- |
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness --------------- |
No.:
47/2014/TT-BCT
|
Hanoi,
December 05, 2014
|
CIRCULAR
Pursuant
to the Government’s Decree No. 95/2012/NĐ-CP dated November 12, 2012 defining
functions, duties, authorities and organizational structures of the Ministry of
Industry and Trade;
Pursuant
to the Government’s Decree No. 52/2013/NĐ-CP dated May 16, 2013 on e-commerce;
Pursuant
to the Government’s Decree No.59/2006/NĐ-CP dated June 12, 2013 regulating in
detail the law on goods and services banned, restricted from business, and
subject to conditional business;
The
Minister of Industry and Trade has promulgated the Circular regulating the
management of e-commerce websites.
GENERAL PROVISIONS
Article
1. Governing scope
1. This
Circular regulates in detail and guides the implementation of some articles of
the Government’s Decree No. 52/2013/NĐ-CP dated May 16, 2013 on e-commerce
(hereinafter referred to as the Decree No. 52/2013/NĐ-CP) regulating business
activities on e-commerce websites, sequence and procedures of notifying and
registering e-commerce websites, e-commerce websites rating activities and
publishing information on e-commerce management portal.
2. This
Circular does not apply to websites in finance, banking, credit, insurance;
websites in purchase and exchange of money, gold, foreign exchange and other
payment means; websites providing online games, betting or games of chance.
Such websites are subject to jurisdiction of corresponding sector
management.
Article
2. Regulated entities
This
Circular applies to:
1.
Traders, organizations, individuals selling goods on their own websites
(hereinafter referred to as owners of online shopping websites).
2.
Traders, organizations that own websites for providing e-commerce services
(hereinafter referred to as owners of e-commerce service websites).
3.
Sellers on e-commerce service websites.
4.
Traders, organizations specialized in rating e-commerce websites
5.
Organizations, individuals carrying out online reflection on e-commerce
management portal.
Article
3. Trading goods and services subject to restrictions and conditional business
on e-commerce websites;
1. Traders,
organizations, and individuals are not permitted to use e-commerce websites to
trade in goods and services subject to restrictions as follows:
a)
Shotguns and bullets, sporting weapons, combat gear;
b)
Cigarettes, cigars and other finished products of tobacco.
c)
Alcoholic drinks;
d)
Precious and rare wildlife and plants including live species and their
processed parts;
dd)
Other goods restricted from trading under the law.
2.
Traders that own websites for the sale of goods and services subject to conditional
business should post on their websites information of the Certificate of
fulfillment of business conditions granted for businesses that have met
conditions for trading such goods and services.
Article
4. Responsibilities of traders, organizations providing e-commerce services
1.
Comply with the provisions set out in Article 36 of the Decree
No.52/2013/NĐ-CP.
2.
Request traders, organizations and individuals as sellers on e-commerce
exchanges to provide the information as prescribed in Clauses 1, 2 and 3 of
Article 29 of the Decree No.52/2013/NĐ-CP upon registering for use of service.
3.
Prevent and eliminate from the websites any information of goods and services
banned or restricted from trading according to the provisions set out in Clause
1, Article 3 hereof.
4.
Eliminate from the websites any information of counterfeits, illegally imported
goods or goods in breach of intellectual property rights and other regulations
upon detection or receiving authentic reports on such information.
5. Request
sellers of goods and services subject to conditional business on their websites
to provide their Certificates of fulfillment of business conditions granted for
businesses that have met conditions for trading such goods and services (in
case of being requested by the law)
Article
5. Responsibilities of traders, organizations and individuals for executing
procedures for notifying and registering e-commerce websites.
1.
Owners of online shopping websites should make notification to the Ministry of
Industry and Trade according to the provisions set out in Section 1, Chapter II
hereof.
2.
Owners of e-commerce service websites must register with the Ministry of
Industry and Trade according to the provisions set out in Section 2, Chapter II
hereof.
3. Any
owner of an online shopping website that is also an e-commerce website must
notify and register with the Ministry of Industry and Trade according to the
provisions set out in Chapter II hereof.
Article
6. Management of business activities on social networks
1. Social
networks having one of the functions as defined in Points a, b and c, Clause 2,
Article 35 of the Decree No.52/2013/NĐ-CP should register with The Ministry of
Industry and Trade in the form of e-commerce exchanges.
2.
Owners of social networks as defined in Clause 1 of this Article should be
responsible for providing e-commerce exchange services as regulated by the law.
3.
Sellers on social networks as defined in Clause 1 of this Article should comply
with the provisions set out in Article 37 of the Decree No.52/2013/NĐ-CP.
Article
7. Websites of online promotion
Websites
of online promotion as defined in Clause 10, Article 3 of the Decree
No.52/2013/NĐ-CP include :
1.
Websites as defined in Points a, b, Clause 2, Article 39 of the Decree
No.52/2013/NĐ-CP include:
2.
Websites doing promotion of goods from other traders, organizations and
individuals under terms and conditions of the promotion service contracts in
the following manners:
a)
Offering freebies or samples for customers to try.
b)
Selling goods at cheaper prices for a certain period of time or to specific
number of customers;
c) Other
manners according to the Law on promotion.
Chapter
II
PROCEDURES FOR NOTIFYING AND REGISTERING E-COMMERCE
WEBSITES
Article
8. Entities to notify online shopping websites
Entities
to notify online shopping websites comprise:
1.
Traders.
2.
Organizations whose functions and duties include selling of goods and services,
or other e-commerce activities.
3.
Individuals who are granted personal tax identification numbers and are not
required to apply for business registration according to the provisions of the
law on business registration.
Article
9. Notification process
1.
Notifications of online shopping websites shall be received and processed
online by the Ministry of Industry and Trade on the e-commerce management
portal at www.online.gov.vn.
2. Every
owner of online shopping websites shall access to the e-commerce management
portal and execute the following steps:
Step 1:
The website owner shall register for access to the system by providing the
following information:
- The
website owner’s name;
-
Business registration No. of traders or Establishment decision No. of
organizations, or personnel tax codes of individuals;
-
Business lines;
-
Addresses of traders and organizations' head offices or permanent addresses of
individuals;
-
Contact information
Step 2:
Within three working days, traders, organizations or individuals shall receive
results from the Ministry of Industry and Trade via registered emails regarding
one of the following subject matters:
- If
registration information for an account is adequate, traders, organizations and
individuals shall be granted an account and proceed Step 3:
- If
registration is rejected or additional information is required, traders,
organizations and individuals should carry out the registration again or
provide additional information as requested.
Step 3:
After being granted an account for access to the system, traders, organizations
and individuals shall carry out logging on, select online shopping website
registration and fill in the forms as instructed.
Step 4:
Within a period of three working days, traders, organizations or individuals
shall receive responses from the Ministry of Industry and Trade via registered
emails regarding one of the following subject matters:
-
Confirmations that the declared information is adequate and eligible;
-
Notification that the declared information is inadequate or invalid; In this
case, traders, organizations and individuals should return to Step 3 for
declaration again or providing additional information as requested.
3.
Traders, organizations and individuals shall be responsible for following up
the handling of the documents via emails or granted account to carry out
updating and revising the information as requested.
4.
Within a period of 10 working days since receipt of request for additional
information in Step 4 as prescribed in Clause 2 of this Article, if traders,
organizations and individuals receive no responses, the documents shall be
terminated and notification shall resume from Step 3.
Article
10. Confirmations of notification
1. Time
limit for confirmation of notification is three working days since receipt of
adequate and valid notification documents sent by traders, organizations and
individuals.
2. Upon
confirmation of notification, the Ministry of Industry and Trade shall send to
traders, organizations and individuals via a registered email a code segment
for insertion into the online shopping website and displayed onscreen as a
“notified” sign. Upon choosing this sign, users shall be led to respective
notification information about traders, organizations and individuals on
e-commerce management portal.
Article
11. Changing, terminating notified information
1. In
case there is a change to the information as defined in Clause 2, Article 53 of
the Decree 52/2013/NĐ-CP or the notified website is suspended, the website
owner shall make a written notice to the Ministry of Industry and Trade within
07 working days since such change or suspension of the website takes place.
2.
Change or postponement of the notified information about the online shopping
website shall be done online via the account to access the system granted to
traders, organizations and individuals when carrying out the notification
according to the provisions set out in Article 9 hereof.
3. Time
limit for confirmation of change and postponement of notification is three
working days since receipt of adequate and accurate notification sent to the
Ministry of Industry and Trade by traders, organizations and individuals
according to the provisions set out in Clause 2 hereof.
Article
12. Regular updating of notification
1. Once
a year since the receipt of confirmation of notification, traders,
organizations and individuals are responsible for updating notification by
accessing the e-commerce management portal and filling in the forms as
instructed.
2.
Within 10 working days since the obligations to update information are
performed, if traders, organizations and individuals fail to do the updating,
the Ministry of Industry and Trade shall issue a written warning via an account
registered by traders, organizations and individuals on the e-commerce
websites. Within 15 working days since dispatch of the written warning, if any
trader, organization or individual fails to give responses, the Ministry of
Industry and Trade shall postpone the notification information on the
e-commerce management portal.
Section
2. REGISTRATION FOR E-COMMERCE SERVICE WEBSITES
Article
13. Registrants
Registrants
mean traders or organizations operating in trade promotion or enterprise
support, 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
Article 14. Registration documents
1.
Registration form for e-commerce service websites (according to Form TMĐT-1 in
the Appendix enclosed herewith).
2. An
authenticated copy of Establishment Decision (for organizations), Certificate
of Enterprise Registration or Investment Certificate (for traders)
3. Plans
to provide services according to the provisions set out in Clause 3, Article 54
of the Decree No.52/2013/NĐ-CP.
4.
Statute of management of e-commerce service websites comprises:
a)
Subject matters as set out in Article 38 of the Decree No.52/2013/NĐ-CP;
b)
Method and time limit for handling violations of the e-commerce service
websites upon detection.
5. Forms
of service contract or cooperation agreement between traders and organizations
that are in possession of e-commerce service websites and traders,
organizations and individuals who take part in the buying and selling of goods
and services on such websites.
6.
General trading conditions applied to the buying and selling of goods and
services on the website (if any)
Article
15. Process of registration
1.
Receipt and handling of the registration documents for e-commerce service
websites shall be done online by the Ministry of Industry and Trade on the
e-commerce management portal.
2. To
declare information, traders and individuals should access the e-commerce
management portal and do the following steps:
Step 1:
Traders and organizations register for the account to access the system by
providing the following information:
- Names
of traders and organizations;
-
Business registration No. of traders or Establishment decision No. of
organizations;
- Areas
of business;
-
Addresses of traders and organizations' head offices;
-
Contact information
Step 2:
Within three working days, traders, organizations or individuals shall receive
results from the Ministry of Industry and Trade via registered emails regarding
one of the following subject matters:
- If
registration information for an account is adequate, traders and organizations
shall be granted an account and continue Step 3:
- If the
registration is rejected or supplements are required, traders and organizations
should carry out registration again or supplement the information as requested.
Step 3:
After being granted an account for access to the system, traders and
organizations shall carry out logging on, choose a feature “registration for
e-commerce service websites, fill in the forms as instructed and enclose
registration documents according to the provisions set out in Article 14 hereof
.
Step 4:
Within a period of seven working days, traders and organizations shall receive
responses from the Ministry of Industry and Trade via registered emails
regarding one of the following subject matters:
-
Confirmations that the documents are adequate and eligible and traders;
requests for traders and organizations to do Step 5;
- Notice
the documents are inadequate or requests for supplements. In this case, traders
and organizations should return to Step 3 for declaration again or
supplementing the information as requested.
Step 5:
After receipt of the notice confirming adequacy and eligibility of the
documents, traders and organizations shall send to the Ministry of Industry and
Trade (Department of E-commerce and Information Technology) a complete
registration dossier (hard copy) according to the provisions set out in Article
14 hereof.
3.
Traders and organizations shall be responsible for following up the handling of
the documents via emails or granted accounts to carry out updating and revising
the information as requested.
4.
Within a period of 30 working days since receipt of request for supplements of
information in Step 4 as prescribed in Clause 2 of this Article, if traders and
organizations receive no responses, the documents shall be terminated and
registration should start again from the beginning.
Article
16. Confirmation of registration
1. Time
limit for confirmation of registration: 05 working days since receipt of full
and eligible registration documents (hard copy) sent directly or by post to the
Ministry of Industry and Trade (Department of E-commerce and Information
Technology) when the procedures of registration are completed according to the
provisions set out in Clause 2, Article 15 hereof. In case the documents (hard
copy) do not match the information declared online via the user account, the
Ministry of Industry and Trade shall make a written notice to traders and
organizations via registered emails for completion of the documents.
2. Upon
confirmation of the documents, the Ministry of Industry and Trade shall send to
traders and organizations via registered emails a code segment for insertion
into the e-commerce service websites and displayed on-screen as a
"registered" sign. Upon choosing this sign, users shall be led to
respective registration information about traders and organizations on
e-commerce management portal.
Article
17. Amending and supplementing registered information
1. In
case there is a change to the registered information concerning the websites
providing e-commerce services according to the provisions set out in Clause 1,
Article 56 of the Decree No. 52/2013/NĐ-CP, traders and organizations should
make a written notice to the Ministry of Industry and Trade within seven
working days since such change takes place.
2. The
notification is done online via granted user account or sent by post to the
Ministry of Industry and Trade (Department of E-commerce and Information
Technology), enclosed with papers and documents proving such change (if any).
3.
Within seven working days since receipt of adequate and accurate notification
from traders and organizations according to the provisions set out in Clause 2
hereof, the Ministry of Industry and Trade shall carry out confirmation of the
amended and supplemented information and send it back to traders and
organizations via granted user account; in case no confirmation is made,
reasons shall be stated.
Article
18. Postponement of registration
1. The
Ministry of Industry and Trade has the right to terminate registration for
e-commerce service websites according to the provisions set out in Clause 3,
Article 56 of the Decree No.52/2013/NĐ-CP.
2.
Traders and organizations should make a written notice to the Ministry of
Industry and Trade before seven working days upon suspension or transfer of
e-commerce websites for the postponement of registration. Such notification is
done online via granted user account or sent by post to the Ministry of
Industry and Trade (Department of E-commerce and Information Technology).
3.
Traders and organizations’ e-commerce service websites shall be terminated in
the following cases:
a)
Undertake prohibited acts in e-commerce activity according to the provisions
set out in Article 4 of the Decree No.52/2013/NĐ-CP;
b) Fail
to perform reporting obligations according to the provisions set out in Article
57 of the Decree No. 52/2013/NĐ-CP and continue to commit violations after
being warned.
c) Be
suspended from e-commerce activities according to decisions made by competent
authorities;
d) Fail
to perform obligations as defined in Article 4 hereof and continue to commit
violations after being warned.
4.
Information about terminated e-commerce service websites shall be publicized on
e-commerce management portal.
Section
19. Repeat registration for e-commerce service websites
1. Upon
receipt of transfer of e-commerce service websites, traders and organizations
should register again according to the provisions set out in Article 5 hereof.
2. Time
limit for registration to traders and organizations is not permitted to exceed
30 days since the receipt of such transfer.
3.
E-commerce service websites with registration being terminated and subject to
the provisions set out in Points a, c, d, Clause 3 of Article 18 hereof shall
be allowed to carry out the registration again if meeting the following
conditions:
a) Have
overcome breaches resulting in the postponement of registration or the time
limit for suspension of e-commerce operation according to the decisions made by
competent agencies is expired;
b) Have
met conditions for owning e-commerce service websites according to the
provisions set out in Article 54 of the Decree No.52/2013/NĐ-CP.
Section
20. Periodical reporting obligations of traders and organizations with
e-commerce service websites being already registered.
1.
Before January 15 annually, traders and organizations building e-commerce
service websites should report statistical figures of the preceding year’s
performance to the Ministry of Industry and Trade.
2.
Reporting shall be done online on the e-commerce management portal via user
accounts of traders and organizations or via written communication by post.
3. To
serve the investigation and inspection carried out by regulatory agencies or to
clarify reflections from organizations or individuals according to the
provisions set out in Article 32 hereof, traders and organizations building
e-commerce service websites should explain and provide information concerning
activities of their websites as requested by the Ministry of Industry and
Trade.
Chapter
III
PROCEDURES FOR REGISTRATION FOR E-COMMERCE WEBSITE
RATING
Article
21. Subjects for registration
Subjects
for registration for e-commerce website rating are individuals, organizations
that are established under Vietnamese Law and are one of the followings:
1. Trade
promotion or enterprise support organizations
2. Media
agencies, industry trade associations or consumer protection organizations.
3.
Traders that already register for e-commerce service industry and have
developed the operation to provide such services.
Article
22. Registration documents
1.
Registration form for e-commerce website rating (according to Form TMĐT-2 in
the Appendix enclosed herewith).
2. An
authenticated copy of Establishment Decision (for organizations), Certificate
of Enterprise Registration or Investment Certificate (for traders)
3. Plan
for e-commerce website rating comprise at least:
a)
Official name of e-commerce website rating program
b)
Purpose of e-commerce website rating
c)
Explanations of experience and qualification appropriate for website rating;
d) Scope
of rating appropriate for scope of activity of traders and organizations;
dd) Time
and frequency of rating
e)
Subjects or types of e-commerce websites for rating;
g)
Criteria for rating an e-commerce website including criteria for completion of
notification or registration with the Ministry of Industry and Trade according
to the provisions set out in the Decree No. 52/2013/NĐ-CP;
h)
Process and manner of e-commerce website rating
i)
Manner of organizing rating and selecting personnel to do the rating;
k) A
designed "credit” sign shall be displayed on the rated e-commerce website;
l) Plan
of surveillance of operation of the e-commerce websites displayed with a
‘credit’ sign.
m)
Rights and obligations of the rating party and the party website of which is
rated
Article
23. Process of registration
1.
Receipt and handling of registration documents for e-commerce website rating
shall be done online by the Ministry of Industry and Trade on the e-commerce
management portal.
2. To
declare information, traders and organizations should access the e-commerce
management portal and do the following steps:
Step 1:
Traders and organizations register for a user account to access the system by
providing the following information:
- Names
of traders and organizations;
-
Business registration No. of traders or Establishment decision No. of
organizations;
- Areas
of business;
-
Addresses of traders and organizations' head offices;
-
Contact information including telephone number, facsimile and emails.
Step 2:
Within a period of three working days, traders and organizations shall receive
results from the Ministry of Industry and Trade via registered emails regarding
one of the following subject matters:
- If
registration information for an account is adequate, traders and organizations
shall be granted an account and continue Step 3:
- If the
registration for an account is rejected or supplements are required, traders
and organizations should carry out registration again or supplement the
information as requested.
Step 3:
Traders and organizations shall log on, choose “registration for e-commerce
website rating” feature, fill in the forms as instructed and attached with
registration documents as prescribed in Article 22 hereof.
Step 4:
Within a period of 15 working days, traders and organizations shall receive
responses from the Ministry of Industry and Trade via registered emails
regarding one of the following subject matters:
-
Confirmations that the documents are adequate and eligible and traders and
organizations are requested to continue Step 5;
-
Notices that the documents are inadequate documents, or requests for
supplements. In this case, traders and organizations should return to Step 3
for declaration again or supplementing the information as requested.
Step 5:
After receipt of the notice confirming adequacy and eligibility of the
documents, traders and organizations shall send to the Ministry of Industry and
Trade (Department of E-commerce and Information Technology) a complete
registration dossier (hard copy) according to the provisions set out in Article
22 hereof.
3.
Traders and organizations shall be responsible for following up the handling of
the documents via emails or granted user accounts to carry out updating and
revising the information as requested.
4.
Within a period of 30 working days since receipt of request for supplements of
information in Step 4 as prescribed in Clause 2 of this Article, if traders and
organizations receive no responses, the registration documents shall be
terminated and registration should start again from the beginning.
Article
24. Confirmation of registration
1. Time
limit for confirmation of registration: 07 working days since all eligible
registration documents (hard copy) is sent by post to the Ministry of Industry
and Trade (Department of E-commerce and Information Technology) according to
the provisions set out in Clause 2, Article 23 hereof. In case the documents
(hard copy) do not match the documents declared online, the Ministry of
Industry and Trade shall make a written notice to traders and organizations via
emails for completion of documents.
2. Upon
confirmation of registration, the Ministry of Industry and Trade shall make a
written notice of confirmation to traders and organizations via registered
emails and at the same time enter names of such traders and organizations on
the list of registered traders and organizations providing rating services on
the e-commerce management portal.
3. After
registration is confirmed, credit sign of traders, organizations rating
e-commerce websites and a list of websites attached with this credit sign shall
be publicized on the e-commerce management portal.
Article
25. Amending and supplementing registered information
1.
Traders and organizations rating e-commerce websites should notify amendment
and supplementation of registration information within 07 working days since
one of the following changes take place:
a) Names
of traders and organizations;
b)
Representatives of traders, organizations; people responsible for e-commerce
website rating;
c)
Addresses of head offices or contact information;
d)
Criteria and process of e-commerce website rating or other issues of the
e-commerce website rating plan as stipulated in Clause 3, Article 22 hereof.
2.
Notification of amendment and addition of information shall be done online via
granted user accounts or by documents sent by post to the Ministry of Industry
and Trade (Department of E-commerce and Information Technology), attached with
papers and materials proving such change (if any).
3.
Within seven working days since receipt of adequate and accurate notification
from traders and organizations according to the provisions set out in Clause 2
of this Article, the Ministry of Industry and Trade shall carry out
confirmation of the amended and supplemented information and send it back to
traders and organizations via granted user accounts; in case no confirmation is
made, reasons should be stated.
Article
26. Postponement of registration
1. The
Ministry of Industry and Trade shall postpone registration to traders and
organizations rating e-commerce websites in the following cases:
a) As
proposed by such traders and organizations;
b)
Traders and organizations stop activities of e-commerce website rating;
c)
Traders and organizations that have registered operation of website rating with
a regular and continuous frequency of rating but are not engaged in such
activity.
d)
Traders and individuals rating e-commerce websites do not perform their
obligations according to the provisions set out in Clause 4, Article 61 of the
Decree No. 52/2013/NĐ-CP and continue offences after being warned.
dd)
Traders and individuals rating e-commerce websites are terminated do not
perform their obligations according to the provisions set out in Clause 2,
Article 61 of the Decree No. 52/2013/NĐ-CP and continue offences after being
warned.
2. When
stopping operation of e-commerce websites, traders and organizations rating
e-commerce websites should make notification to the Ministry of Industry and
Trade before 15 working days for postponement of registration. Such
notification is done online via granted user accounts or by post to the
Ministry of Industry and Trade (Department of E-commerce and Information
Technology).
3. Upon
postponement of registration, the Ministry of Industry and Trade shall withdraw
names of traders and organizations from the list of registered e-commerce
website traders and organizations and at the same time remove credit signs and
the list of websites attached with this credit sign from the e-commerce
management portal.
Section
27. Periodical reporting obligations of traders and organizations rating
e-commerce websites.
1.
Before fifth day of each month, traders and organizations should update on the
e-commerce management portal the list of e-commerce websites attached with a
credit sign up to the end of the preceding month.
2.
Before January 15 annually, traders and organizations rating e-commerce
websites should report performance of rating in the preceding year to the
Ministry of Industry and Trade via user accounts of traders and organizations
on the e-commerce management portal.
3. To
serve the investigation and inspection carried out by regulatory agencies or to
clarify reported information from organizations or individuals according to the
provisions set out in Article 31 hereof, traders and organizations rating
e-commerce websites shall report and provide information about the websites
attached with credit signs at the request of the Ministry of Industry and
Trade.
Chapter
IV
PUBLISHING INFORMATION ON E-COMMERCE MANAGEMENT
PORTAL.
Article
28. Publish a list of e-commerce websites already notified and registered
1. After
the procedures of notification and registration for e-commerce websites are
completed under this Circular and confirmed by the Ministry of Industry and
Trade, information of such websites shall be entered on the list of notified or
registered e-commerce websites for publication on the e-commerce management
portal.
2.
Information to be published include such information as defined in Clause 2,
Article 65 of the Decree No.52/2013/NĐ-CP.
3. When
an e-commerce service website is terminated or registration being postponed,
information about such website shall be removed from the list and shifted to
the mode of terminated websites or registration postponed, or entered on the
list of websites in breach of the law according to the provisions set out in
Article 30 hereof.
Section
29. Publishing a list of traders and organizations rating e-commerce websites
with registration being fulfilled
1. After
traders and organizations rating e-commerce websites complete registration
procedures according to the provisions hereof and receive confirmations from
the Ministry of Industry and Trade, information of such traders and
organizations shall be entered on the list of registered traders and
organizations engaging in e-commerce website rating for publication on the
e-commerce management portal.
2.
Information to be published include such information as defined in Clause 2,
Article 66 of the Decree No.52/2013/NĐ-CP.
3. Upon
termination or postponement of registration, information about traders and
individuals rating e-commerce websites shall be withdrawn from such list and
shifted to the mode of postponement of registration or entered on the list of
traders and organizations in breach of the law.
Article
30. Publishing a list of e-commerce websites in breach of the law
1. The
Ministry of Industry and Trade shall publish on the e-commerce management
portal a list of e-commerce websites in breach of the law according to the
provisions set out in Article 4 of the Decree 52/2013/NĐ-CP and the provisions
on handling of administrative violations of e-commerce websites.
2.
Information to be published includes:
a) Names
of e-commerce websites;
b) Names
and information of traders, organizations and individuals owning the websites;
c)
Violations committed by traders, organizations and individuals;
Article
31. Receiving reported information and publishing a list of e-commerce websites
with violations being reported
1. The
Ministry of Industry and Trade shall receive reported information from
organizations and individuals on the e-commerce management portal about the
following acts:
a)
Violate the provisions on notification and registration for e-commerce
websites;
b)
Violate the provisions on contracting in e-commerce as set out in the Decree
52/2013/NĐ-CP;
c)
Violate the provisions on responsibilities of owners of online shopping
websites or e-commerce service webistes as set out in the Decree
No.52/2013/NĐ-CP.
d)
Violate the provisions on personnel information protection and payment safety
in e-commerce as set out in the Decree No.52/2013/NĐ-CP;
dd)
Other violations as set out in Article 4 of the Decree No.52/2013/NĐ-CP.
2.
Organizations and individuals making reports online on the e-commerce
management portal should provide the following information:
a) Full
name, ID No., residence address, telephone number and emails of persons that
make comments;
b)
Addresses of e-commerce websites where acts reported on take places;
c) Acts
reported on;
d)
Summary of reported information;
dd)
Documents and evidence proving violations (if any)
3.
Within a period of 5 working days, traders and individuals that make critical
reports shall receive responses from the Ministry of Industry and Trade via
granted emails regarding one of the following subject matters:
-
Confirmations that reported information is adequate and eligible and included
in the number of reports according to the provisions as set out in Point a,
Clause 4 hereof;
-
Notices that reported information is inadequate, or requests for supplements.
4.
Publication of reported information about an e-commerce website on the
e-commerce management portal shall be done as follows:
a) Any
e-commerce website being reported more than 5 (five) times by different
organizations and individuals on one or more acts as prescribed in Clause 1 of
this Article shall receive written requests from the Ministry of Industry and
Trade for the explanation of such reported information.
b) After
10 working days since receipt of such requests from the Ministry of Industry
and Trade, if traders, organizations and individuals fail to respond or provide
explanation of the reported information, their websites shall be included in
the list of e-commerce websites being reported on and may incur penalties under
the law.
Chapter
V
EXECUTION PROVISIONS
Article
32. Responsibilities for execution
1. The
Minister of Industry and Trade shall assign the Department of E-commerce and Information
Technology to carry out procedures of notification and registration for
e-commerce websites, e-commerce website rating and publication on the
e-commerce management portal according to the provisions hereof.
2.
Agencies and organizations affiliated to the Ministry of Industry and Trade
shall be responsible for coordinating and participating in state management of
e-commerce activities within their jurisdiction.
3. The
Services of Industry and Trade of central-affiliated provinces and cities within
their jurisdiction shall be responsible for collaborating with the Department
of E-commerce and Information Technology on examining and vertifying
notification and registration information; following up and publishing
information on the e-commerce management portal.
Article
33. Effect
1. This
Circular takes effect since January 20, 2015.
2. This
Circular shall replace the Circular 12/2013/TT-BCT dated June 20, 2013 of the
Ministry of Industry and Trade defining procedures of notification,
registration and publication of e-commerce website related information.
3.
Traders, organizations and individuals that executed the notification and
registration according to the provisions set out in the Circular
No.12/2013/TT-BCT should make additions of information to comply with the
provisions hereof within 90 days since the Circular comes into force.
4.
Difficulties that arise during the implementation of this Circular should be
reported to the Ministry of Industry and Trade for consideration and
handling./.
PP
THE MINISTER
DEPUTY MINISTER Trần Tuấn Anh |