Circular No. 47/2014/TT-BCT dated December 05, 2014 of the Ministry and Trade on the management of e-commerce websites

CIRCULAR

On the management of e-commerce websites[1]

Pursuant to the Government’s Decree No. 95/2012/ND-CP of November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 52/2013/ND-CP of May 16, 2013, on e-commerce;

Pursuant to the Government’s Decree No. 59/2006/ND-CP of June 12, 2006, detailing the Commercial Law regarding goods and services banned from business, subject to business restrictions or to conditional business;

The Minister of Industry and Trade promulgates the Circular on the management of e-commerce websites.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

1. This Circular details and guides the implementation of a number of articles of the Government’s Decree No. 52/2013/ND-CP of May 16, 2013, on e-commerce (below referred to as Decree No. 52/2013/ND-CP), regarding business activities on e-commerce websites, the order and procedures for notification and registration of e-commerce websites, registration of credit rating of e-commerce websites and publication of information on the E-Commerce Management Portal.

2. This Circular does not apply to websites operating in the fields of finance, banking, credit and insurance; websites for trading and exchange of money, gold, foreign currencies and other payment instruments; websites providing online game, betting or prize-winning game services. These websites are regulated by relevant specialized laws.

Article 2.Subjects of application

This Circular applies to:

1. Traders, organizations and individuals that develop e-commerce websites for goods sale.

2. Traders and organizations that develop websites for e-commerce service provision.

3. Sellers on websites for e-commerce service provision.

4. Traders and organizations that conduct credit rating of e-commerce websites.

5. Organizations and individuals that make online reports on the E-Commerce Management Portal.

Article 3.Trading in goods subject to business restrictions, or goods and services subject to conditional business on e-commerce websites

1. Traders, organizations and individuals may not use e-commerce websites to trade in the following goods subject to business restrictions:

a/ Hunting rifles and cartridges, sport weapons, support tools;

b/ Cigarettes, cigars and other finished tobacco products;

c/ Assorted liquors;

d/ Precious and rare wild plant and animal species, including also live plants and animals and their processed parts;

dd/ Other goods subject to business restrictions in accordance with law.

2. Traders that develop websites to sell goods or services on the list of goods and services subject to conditional business and obtain a certificate of eligibility for business shall publish on their websites the number, date and place of grant of such certificate for those goods or services.

Article 4.Responsibilities of traders and organizations providing e-commerce services

1. To comply with Article 36 of Decree No. 52/2013/ND-CP.

2. To request traders, organizations and individuals that are sellers on e-commerce transaction floors to provide information under Clauses 1, 2 and 3, Article 29 of Decree No. 52/2013/ND-CP upon registering for use of services.

3. To prevent and remove from their websites information on sale of goods and services on the list of goods and services banned from business in accordance with law and goods and services subject to business restrictions under Clause 1, Article 3 of this Circular.

4. To remove from their websites information on sale of counterfeit goods, imitate goods, smuggled goods, goods infringing upon intellectual property rights and other infringing goods and services when detecting or receiving well-grounded reports on such information.

5. To request persons selling on their websites goods and services on the list of goods and services subject to conditional business to provide a certificate of eligibility for business for those goods and services (in case such certificate is required by law).

Article 5.Responsibilities to carry out procedures for notification and registration of e-commerce website owners

1. Traders, organizations and individuals that develop e-commerce websites for goods sale shall make notification to the Ministry of Industry and Trade under Section 1, Chapter II of this Circular.

2. Traders and organizations that develop websites for e-commerce service provision shall make registration with the Ministry of Industry and Trade under Section 2, Chapter II of this Circular.

3. Traders and organizations that develop e-commerce websites for both goods sale and service provision shall make notification to and registration with the Ministry of Industry and Trade under Chapter II of this Circular.

Article 6.Management of business activities on social networks

1. Social networks that operate in one of the forms provided at Points a, b and c, Clause 2, Article 35 of Decree No. 52/2013/ND-CP shall make registration with the Ministry of Industry and Trade as e-commerce transaction floors.

2. Traders and organizations that develop social networks mentioned in Clause 1 of this Article shall fulfill the responsibilities of traders and organizations providing e-commerce transaction floor services in accordance with law.

3. Sellers on social networks mentioned in Clause 1 of this Article shall comply with Article 37 of Decree No. 52/2013/ND-CP.

Article 7.Forms ofonline sales promotion websites

Online sales promotion websites mentioned in Clause 10, Article 3 of Decree No. 52/2013/ND-CP include:

1. Websites operating in the forms specified at Points a and b, Clause 2, Article 39 of Decree No. 52/2013/ND-CP.

2. Websites for sales promotion of goods of other traders, organizations and individuals under the terms of sales promotion service contracts in the following forms:

a/ Giving goods as gifts or goods samples to customers for trial use free of charge;

b/ Selling goods at prices lower than previous sale prices for a certain period of time or to a certain number of customers;

c/ Other forms prescribed by the law on sales promotion.

Chapter II

PROCEDURES FOR NOTIFICATION AND REGISTRATION
OF E-COMMERCE WEBSITES

Section 1

NOTIFICATION OF E-COMMERCE WEBSITES FOR
GOODS SALE

Article 8.Subjects to make notification of e-commerce websites for goods sale

Subjects to make notification of e-commerce websites for goods sale include:

1. Traders.

2. Organizations with functions and tasks covering the organization of goods sale, service provision and performance of e-commerce activities.

3. Individuals who have personal tax identification numbers and are not subject to business registration in accordance with the law on business registration.

Article 9.Process of notification

1. The receipt and processing of notifications of e-commerce websites for goods sale shall be carried out online by the Ministry of Industry and Trade via the E-Commerce Management Portal atwww.online.gov.vn.

2. Traders, organizations and individuals that develop e-commerce websites for goods sale shall access the E-Commerce Management Portal and carry out the following steps:

Step 1: A trader, an organization or individual shall make login for a system account by providing the following information:

- Its/his/her name;

- The business registration certificate, establishment decision or personal tax identification number;

- Business/operation lines;

- Address of the head office of the trader or organization or permanent residence of the individual;

- Other information for contact.

Step 2: Within 3 working days, the trader, organization or individual shall receive results from the Ministry of Industry and Trade through the registered email address regarding one of the following contents:

- If the information provided for account login is sufficient, the trader, organization or individual may be granted a system account and proceed to Step 3;

- If the account login is rejected or there is a request for information addition, the trader, organization or individual shall make login once again and add information as requested.

Step 3: After being granted a system account, the trader, organization or individual shall sign in and select the icon of notification of the e-commerce websites for goods sale and fill information in a set form.

Step 4: Within 3 working days, the trader, organization or individual shall receive the Ministry of Industry and Trade’s reply through the registered email address on:

- Certification that the declared information is sufficient and valid;

- Notification that the declared information is insufficient or invalid. In this case, the trader, organization or individual shall turn back to Step 3 for making login again or add information as requested.

3. Traders, organizations and individuals shall follow up the dossier processing through their email addresses or granted system accounts in order to update or modify information as requested.

4. Within 10 working days after receiving a notice requesting addition of information in Step 4 under Clause 2 of this Article, if traders, organizations and individuals make no reply, the notification will be terminated and traders, organizations and individuals shall turn back to Step 3 to make the notification of dossiers once again.

Article 10.Notification confirmation

1. The time limit for notification confirmation is 3 working days after receiving a complete and valid notification dossier from the trader, organization or individual.

2. When confirming the notification, the Ministry of Industry and Trade shall send to the trader, organization or individual at the registered email address a code to be attached on the good sale e-commerce website as the notification icon. When selecting this icon, users are linked to notified information of the trader, organization or individual at the E-Commerce Management Portal.

Article 11.Change in or termination of notified information

1. In case of a change in any of the information prescribed in Clause 2, Article 53 of Decree No. 52/2013/ND-CP or termination of operation of notified e-commerce websites for goods sale, traders, organizations and individuals shall notify such to the Ministry of Industry and Trade within 7 working days after such change occurs or operation is terminated.

2. Change in or termination of notified information about e-commerce websites for goods sale may be effected online through granted system accounts when traders, organizations and individuals carry out the notification under Article 9 of this Circular.

3. The time limit for certification of change in or termination of notified information is 3 working days after receiving an adequate and accurate notification sent by the trader, organization or individual to the Ministry of Industry and Trade under Clause 2 of this Article.

Article 12.Regular update of notified information

1. Once a year, from the date of having their notifications confirmed, traders, organizations or individuals shall update notified information by logining to their accounts at the E-Commerce Management Portal and filling information in a set form.

2. Within 10 days after the time limit for fulfilling the obligation of updating information, if traders, organizations or individuals fail to do so, the Ministry of Industry and Trade shall send a reminder via the former’s accounts at the E-Commerce Management Portal. Within 15 days after a reminder is sent, if traders, organizations or individuals make no reply, the Ministry of Industry and Trade shall remove notified information from the E-Commerce Management Portal.

Section 2

REGISTRATION OF WEBSITES FOR E-COMMERCE SERVICE PROVISION

Article 13.Registration subjects

Registration subjects are traders or organizations engaged in trade promotion or enterprise assistance and having e-commerce websites which provide at least one of the following services:

1. E-commerce transaction floor service.

2. Online sales promotion service.

3. Online auction service.

Article 14.Registration dossier

1. An application for registration of an e-commerce service provision website (made according to form TMDT-1 provided in the Appendix to this Circular).

2. A certified copy of the establishment decision (for organizations), enterprise registration certificate or investment certificate (for traders).

3. A service provision plan as prescribed in Clause 3, Article 54 of Decree No. 52/2013/ND-CP.

4. A regulation on operation management of the e-commerce service provision website, which must have the following contents:

a/ Contents prescribed in Article 38 of Decree No. 52/2013/ND-CP;

b/ The mechanism and time limit for handling reported illegal business activities of websites for e-commerce service provision.

5. A model service contract or cooperation agreement between the trader or organization owning the e-commerce service provision website and traders, organizations and individuals participating in goods trading or service provision on the website.

6. General terms applicable to goods trading or service provision on the website (if any).

Article 15.Process of registration

1. The receipt and processing of dossiers for registration of websites for e-commerce service provision shall be carried out online by the Ministry of Industry and Trade via the E-Commerce Management Portal atwww.online.gov.vn.

2. Traders or organizations that declare their dossiers shall access the E-Commerce Management Portal and carry out the following steps:

Step 1: A trader or an organization shall make login for a system account by providing the following information:

- Its/his/her name;

- The number of the business registration certificate, for the trader; or the number of the establishment decision, for the organization;

- Business/operation lines;

- Address of its/his/her head office;

- Other information for contact.

Step 2: Within 3 working days, the trader or organization shall receive results from the Ministry of Industry and Trade through the registered email address regarding one of the following contents:

- If the information provided for account login is sufficient, the trader or organization may be granted a system account or proceed to Step 3;

- If the account login is rejected or there is a request for information addition, the trader or organization shall make login again or add information as requested.

Step 3: After being granted a system account, the trader or organization shall sign in and select the icon for registration of the e-commerce service provision website, fill information in a set form and attach the registration dossier prescribed in Article 14 of this Circular.

Step 4: Within 7 working days, the trader or organization shall receive the Ministry of Industry and Trade’s reply through the registered email address on:

- Certification that the registration dossier is complete and valid, and request for the trader’s or organization’s performance of Step 5;

- Notification that the registration dossier is invalid or request for information addition. In this case, the trader or organization shall turn back to Step 3 for making login again or add information as requested.

Step 5: After receiving the notification that the dossier is complete and valid, the trader or organization shall send a set of complete registration dossier (printed) to the Ministry of Industry and Trade (Vietnam E-Commerce and Information Technology Agency) under Article 14 of this Circular.

3. Traders and organizations shall follow up the processing of dossiers through their emails or granted system accounts in order to update or modify information as requested.

4. Within 30 working days after receiving a notice requesting information addition at Step 4 under Clause 2 of this Article, if traders or organizations make no reply, their registration dossiers on the system will be terminated, and they shall make registration again.

Article 16.Registration confirmation

1. The time limit for registration confirmation is 5 working days after receiving a complete and valid printed registration dossier sent by a trader or an organization directly or by post to the Ministry of Industry and Trade (Vietnam E-Commerce and Information Technology Agency) upon completing the registration process prescribed in Clause 2, Article 15 of this Circular. In case the printed dossier is inconsistent with documents or information sent online through the system account, the Ministry of Industry and Trade shall notify such through the email address registered by the trader or organization for dossier completion.

2. When confirming the registration, the Ministry of Industry and Trade shall send to the trader or organization at the registered email address a code to be attached on the e-commerce service provision website as the registration icon. When selecting this icon, users are linked to registration information of the trader or organization at the E-Commerce Management Portal.

Article 17.Change in or addition of registered information

1. In case of a change in any of the information on registered websites for e-commerce service provision prescribed in Clause 1, Article 56 of Decree No. 52/2013/ND-CP, a trader or an organization shall notify such to the Ministry of Industry and Trade within 7 working days after such change occurs.

2. The notification may be sent online through granted system accounts or sent in writing directly or by post to the Ministry of Industry and Trade (Vietnam E-Commerce and Information Technology Agency), enclosed with copies of papers and documents that prove the change (if any).

3. Within 7 working days after receiving traders’ or organizations’ adequate and accurate notification prescribed in Clause 2 of this Article, the Ministry of Industry and Trade shall consider to confirm or refuse to confirm changed or added information and send its replies to traders or organizations through the granted system accounts. In case of refusal, it shall clearly state the reason.

Article 18.Registration termination or deregistration

1. The Ministry of Industry and Trade shall terminate the registration of e-commerce service provision websites under Clause 3, Article 56 of Decree No. 52/2013/ND-CP.

2. Seven working days before stopping its operation or transferring its website, a trader or an organization developing an e-commerce website shall notify such to the Ministry of Industry and Trade for termination of registration. The notification is carried out online through the granted system account or sent in writing directly or by post to the Ministry of Industry and Trade (Vietnam E-Commerce and Information Technology Agency).

3. Traders and organizations have their e-commerce service provision websites deregistered in the following cases:

a/ They commit prohibited acts in e-commerce activities prescribed in Article 4 of Decree No. 52/2013/ND-CP;

b/ They fail to perform the reporting obligation prescribed in Article 57 of Decree No. 52/2013/ND-CP and relapse into such failure after being reprimanded;

c/ They have their operation suspended under a competent state agency’s decision on violation handling;

d/ They fail to fulfill the responsibilities prescribed in Article 4 of this Circular and relapse into such failure after being reprimanded.

4. Information on deregistered websites for e-commerce service provision shall be posted on the E-Commerce Management Portal.

Article 19.Re-registration of websites for e-commerce service provision

1. When being transferred websites for e-commerce service provision, traders or organizations shall make re-registration  according to the process prescribed in Article 15 of this Circular.

2. Within 30 working days after being transferred websites for e-commerce service provision, traders or organizations shall make re-registration.

3. Traders and organizations having their websites for e-commerce service provision deregistered under Points b, c and d, Clause 3, Article 18 of this Article may carry out the re-registration procedures if satisfying the following conditions:

a/ Having remedied their violations which led to deregistration or upon the expiration of the e-commerce operation suspension period under a competent state agency’s decision on violation handling;

b/ Satisfying the conditions for developing websites for e-commerce service provision prescribed in Article 54 of Decree No. 52/2013/ND-CP.

Article 20.Regular reporting obligation of traders and organizations that have registered websites for e-commerce service provision

1. Before January 15 every year, traders and organizations developing websites for e-commerce service provision shall report to the Ministry of Industry and Trade on statistics on their operations in the preceding year.

2. The reporting may be carried out online through traders’ or organizations’ accounts at the E-Commerce Management Portal, or in written form and sent by post.

3. To serve state management agencies’ inspection and investigation activities or clarify organizations’ or individuals’ reports under Article 32 of this Circular, traders and organizations developing websites for e-commerce service provision shall explain and provide information about operations on their websites at the request of the Ministry of Industry and Trade.

Chapter III

PROCEDURES FOR REGISTRATION OF CREDIT RATING OF
E-COMMERCE WEBSITES

Article 21.Registration subjects

Subjects registering credit rating of e-commerce websites are traders and organizations established under Vietnamese law and being one of the following:

1. Trade promotion or enterprise assistance organizations.

2. Media agencies, product line associations or consumer interest protection organizations.

3. Traders that have registered the business line of e-commerce service provision and started providing such service.

Article 22.Registration dossier

1. An application for registration of credit rating of e-commerce websites (made according to form TMDT-2 provided in the Appendix to this Circular).

2. A certified copy of the establishment decision (for organizations), or the enterprise registration certificate or investment certificate (for traders).

3. A plan on credit rating of e-commerce websites which must have at least the following contents:

a/ Official name of the program on credit rating of e-commerce websites;

b/ Purposes of credit rating of e-commerce websites;

c/ Explanation of experience and capacity suitable to credit-rating activities;

d/ Scope of credit rating suitable to the operation scope of the trader or organization;

dd/ Period and frequency of credit rating activities;

e/ Subjects or types of e-commerce websites to be rated;

g/ Criteria to be applied for rating an e-commerce website, including a criterion that the e-commerce website has completed reporting or registration with the Ministry of Industry and Trade as prescribed in Decree No. 52/2013/ND-CP;

h/ Process and method of credit rating of an e-commerce website;

i/ Method of organizing credit rating and selecting personnel to conduct the rating;

k/ Designing of credit icons to be stuck on rated e-commerce websites;

l/ Plan on supervision of operation of e-commerce websites stuck with credit icons;

m/ Rights and obligations of the credit rating agency and parties having their websites rated.

Article 23.Process of registration

1. The receipt and processing of dossiers for registration of credit rating of e-commerce websites shall be carried out online by the Ministry of Industry and Trade through the E-Commerce Management Portal atwww.online.gov.vn.

2. Traders and organizations that declare their dossiers shall access the E-Commerce Management Portal and carry out the following steps:

Step 1: A trader or an organization makes login for a system account by providing the following information:

- Its/his/her name;

- The business registration number, for the trader; or the establishment decision number, for the organization;

- Business/operation lines;

- Address of its/his/her head office;

- Other information for contract, including telephone number, fax number and email address.

Step 2: Within 3 working days, the trader or organization shall receive results from the Ministry of Industry and Trade through the registered email address regarding one of the following contents:

- If the information provided for account login is sufficient, the trader or organization may be granted a system account and proceed to Step 3;

- If the account login is rejected or there is a request for information addition, the trader or organization shall make login again and add information as requested.

Step 3: The trader or organization shall sign in its account on the system and select the icon of registration of credit rating of e-commerce website, fill information in a set form and attach the registration dossier prescribed in Article 22 of this Circular.

Step 4: Within 15 working days, the trader or organization shall receive the Ministry of Industry and Trade’s reply through the registered email address regarding one of the following contents:

- Certification that registration dossier is complete and valid, and request for the trader’s or organization’s performance of Step 5;

- Notification that the registration dossier is invalid or request for information addition. The trader or organization shall turn back to Step 3 for making login again or add information as requested.

Step 5: After receiving the certification that the dossier is complete and valid, the trader or organization shall send a set of complete dossier (printed) to the Ministry of Industry and Trade (Vietnam E-Commerce and Information Technology Agency) under Article 22 of this Circular.

3. Traders and organizations shall follow up the dossier processing through their emails or granted system accounts in order to update or modify information as requested.

4. Within 30 working days after receiving the notice requesting information addition at Step 4 under Clause 2 of this Article, if traders or organizations make no reply, their registration dossiers on the system will be invalidated and they shall make login once again.

Article 24.Registration confirmation

1. The time limit for registration confirmation is 7 working days after receiving a complete and valid printed dossier sent by a trader or an organization directly or by post to the Ministry of Industry and Trade (Vietnam E-Commerce and Information Technology Agency) upon completing the registration process prescribed in Clause 2, Article 23 of this Circular. In case the printed dossier is inconsistent with documents or information sent online by the trader or organization, the Ministry of Industry and Trade shall notify such through the email address registered by the trader or organization for dossier completion.

2. When confirming the registration, the Ministry of Industry and Trade shall send a notification of registration confirmation to traders or organizations via the registered email address and put their names in the list of credit rating service providers registered at the E-Commerce Management Portal.

3. After the registration is confirmed, the credit icon of traders and organizations conducting credit rating of e-commerce websites together with the list of websites stuck with this icon shall be publicized at the E-Commerce Management Portal.

Article 25.Change in or addition of registered information

1. A trader or an organization conducting credit rating of e-commerce websites shall notify the change in or addition of registered information within 7 working days after any of the following changes occurs:

a/ Change of its name;

b/ Change of its representative; change of the person in charge of credit rating of e-commerce websites;

c/ Change of address of head office or contact information;

d/ Change of criteria and process for credit rating of e-commerce websites or other contents of the plan on credit rating of e-commerce websites as prescribed in Clause 3, Article 22 of this Circular.

2. The notification of change in or addition of registered information shall be sent online via the system account granted upon registration or in writing directly or by post to the Ministry of Industry and Trade (Vietnam E-Commerce and Information Technology Agency), enclosed with copies of papers or documents to prove the changes (if any).

3. Within 7 working days after receiving traders’ or organizations’ adequate and accurate notification prescribed in Clause 2 of this Article, the Ministry of Industry and Trade shall consider to confirm or refuse to confirm changed or added information and send its replies to traders or organizations through the granted system accounts. In case of refusal, it shall clearly state the reason.

Article 26.Termination of registration or deregistration

1. The Ministry of Industry and Trade shall terminate the registration of a trader or an organization conducting credit rating of e-commerce websites in the following cases:

a/ At the request of the trader or organization;

b/ The trader or organization stops its credit rating of e-commerce websites;

c/ The trader or organization has registered credit rating operation on a regular and continuous basis but fails to conduct credit rating for over 1 year;

d/ The trader or organization fails to perform the obligation prescribed in Clause 4, Article 61 of Decree No. 52/2013/ND-CP and relapses into violation after being reprimanded;

dd/ The trader or organization is deregistered under Clause 2, Article 61 of Decree No. 52/2013/ND-CP.

2. Within 15 working days before stopping its operation, a trader or an organization conducting credit rating of e-commerce websites shall notify such to the Ministry of Industry and Trade for termination of registration. The notification is carried out online through the granted system account or sent in writing directly or by post to the Ministry of Industry and Trade (Vietnam E-Commerce and Information Technology Agency).

3. When terminating the registration or deregistering, the Ministry of Industry and Trade shall remove names of traders or organizations from the list of traders and organizations conducting credit rating of e-commerce websites, and at the same time remove the credit icon of such traders or organizations and the list of websites stuck with this icon from the E-Commerce Management Portal.

Article 27.Regular reporting obligation of traders or organizations conducting credit rating of e-commerce websites:

1. Before the 5^thof every month, to update at the E-Commerce Management Portal list of e-commerce websites stuck with the credit icon by the end of the preceding month.

2. Before the 15^thof January every year, to report to the Ministry of Industry and Trade via their accounts at the E-Commerce Management Portal on results of credit rating of e-commerce websites in the preceding year.

3. For state management agencies’ inspection and examination or verification of organizations’ or individuals’ reports prescribed in Article 31 of this Circular, to report and provide information on websites stuck with credit icon at the request of the Ministry of Industry and Trade.

Chapter IV

PUBLICATION OF INFORMATION AT THE E-COMMERCE MANAGEMENT PORTAL

Article 28.Publication of the list of e-commerce websites for which the notification and registration procedures have been carried out

1. Right after an e-commerce website completes the procedures for notification or registration under this Circular and receives confirmation from the Ministry of Industry and Trade, information on the website shall be put in the list of e-commerce websites having performed procedures for notification or registration for publication at the E-Commerce Management Portal.

2. Publicized information includes information prescribed in Clause 2, Article 65 of Decree No. 52/2013/ND-CP.

3. When e-commerce websites for service provision have their registration terminated or are deregistered, information on these website shall be removed from this list and changed to the status of registration termination or moved to the list of law-breaking websites as prescribed in Article 30 of this Circular.

Article 29.Publication of the list of traders and organizations conducting credit rating of e-commerce websites for which the registration procedures have been carried out

1. Right after traders or organizations conducting credit rating of e-commerce websites complete procedures for registration under this Circular and receive confirmation from the Ministry of Industry and Trade, information on traders or organizations will be included in the list of registered traders and organizations conducting credit rating of e-commerce websites to be publicized at the E-Commerce Management Portal.

2. Publicized information includes information prescribed in Clause 2, Article 66 of Decree No. 52/2013/ND-CP.

3. When traders or organizations conducting credit rating of e-commerce websites have their registration terminated or are deregistered, their information shall be removed from this list and changed to the status of registration termination or moved to the list of law-breaking traders or organizations.

Article 30.Publication of the list of law-breaking e-commerce websites

1. The Ministry of Industry and Trade shall publicize the list of law-breaking e-commerce websites at the E-Commerce Management Portal under Article 4 of Decree No. 52/2013/ND-CP and other regulations on handling of administrative violations in e-commerce activities.

2. Publicized information includes:

a/ Name of the e-commerce website;

b/ Name and information of the trader, organization or individual that owns the e-commerce website;

c/ Violation of the trader, organization or individual.

Article 31.Receipt of reported information and publication of the list of e-commerce websites that reportedly show signs of law violation

1. The Ministry of Industry and Trade shall receive reports of organizations or individuals on the following acts on e-commerce websites:

a/ Violation of regulations on notification and registration of e-commerce websites;

b/ Violation of regulations on conclusion of contracts in e-commerce under Decree No. 52/2013/ND-CP;

c/ Violation of regulations on responsibilities of owners of e-commerce websites for goods sale or e-commerce service providers under Decree No. 52/2013/ND-CP;

d/ Violation of regulations on protection of personal information and payment safety in e-commerce under Decree No. 52/2013/ND-CP;

dd/ Other violations prescribed in Article 4 of Decree No. 52/2013/ND-CP.

2. Organizations or individuals shall make online reports through the E-Commerce Management Portal atwww.online.gov.vn. When making a report, an organization or individual shall provide at least the following information:

a/ Its/his/her full name, identity card number, residence address, telephone number and email address;

b/ Address of the e-commerce website where the reported act occurs;

c/ Reported act;

d/ Summary of reported details;

dd/ Documents and evidence to prove the violation (if any).

3. Within 5 working days, the organization or individual making the report shall receive a reply from the Ministry of Industry and Trade via the granted email address on one of the following contents:

- Certification that the reported information is sufficient and valid, and the report is calculated into the number of reports as prescribed at Point a, Clause 4 of this Article;

- Notification that the reported information is invalid or information addition is required.

4. Publication of reported information on an e-commerce website at the E-Commerce Management Portal shall be carried out as follows:

a/ An e-commerce website mentioned in more than 5 (five) reports from different organizations or individuals regarding one or several acts prescribed in Clause 1 of this Article shall receive a notice from the Ministry of Industry and Trade requesting explanation about such reports.

b/ Within 10 working days after receiving the explanation request of the Ministry of Industry and Trade, if traders, organizations or individuals owning e-commerce websites make no reply or fail to explain reports, their websites will be put in the list of e-commerce websites that reportedly show signs of violation, and may be administratively handled in accordance with law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 32.Implementation responsibilities

1. The Minister of Industry and Trade shall assign the Vietnam E-Commerce and Information Technology Agency to carry out the procedures for notification and registration of e-commerce websites, registration of credit rating of e-commerce websites and information publication at the E-Commerce Management Portal under this Circular.

2. Related agencies and units of the Ministry of Industry and Trade shall coordinate with one another in the state management of e-commerce activities according to their competence.

3. Provincial-level Industry and Trade Departments shall, within the ambit of their functions and powers, coordinate with the Vietnam E-Commerce and Information Technology Agency in verifying notified and registered information; monitor, update and publicize information at the E-Commerce Management Portal.

Article 33.Effect

1. This Circular takes effect on January 20, 2015.

2. This Circular replaces the Ministry of Industry and Trade’s Circular No. 12/2013/TT-BCT of June 20, 2013, prescribing procedures for notification, registration and publication of information on e-commerce websites.

3. Traders, organizations and individuals that have made notification and registration under Circular No. 12/2013/TT-BCT shall, within 90 working days after the effective date of this Circular, add dossier information as required under this Circular.

4. Any problem arising in the course of implementation of this Circular should be promptly reported to the Ministry of Industry and Trade for consideration and settlement.-

For the Minister of Industry and Trade
Deputy Minister
TRAN TUAN ANH