Decision 319/QD-TTg 2023 anti-counterfeiting and consumer protection in e-commerce activities

DECISION

Approving the Scheme for anti-counterfeiting and consumer protection in e-commerce activities until 2025^[1]

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 29, 2005 Law on E-Transactions;

Pursuant to the June 14, 2005 Commercial Law;

Pursuant to the June 29, 2006 Law on Information Technology;

Pursuant to the November 21, 2007 Law on Product and Goods Quality;

Pursuant to the November 17, 2010 Law on Protection of Consumer Interests;

Pursuant to the 2015 Penal Code; and the 2017 Law Amending and Supplementing a Number of Articles of the Penal Code;

Pursuant to the 2017 Law on Foreign Trade Management;

Pursuant to the June 20, 2012 Law on Handling of Administrative Violations; and the November 13, 2020 Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations;

Pursuant to the Government’s Decree No. 98/2020/ND-CP of August 26, 2020, on sanctioning of administrative violations in commercial activities, production of, and trading in, counterfeit and banned goods and protection of consumer interests, which was amended and supplemented under the Government’s Decree No. 17/2022/ND-CP of January 31, 2022;

Pursuant to the Government’s Decree No. 52/2013/ND-CP of May 16, 2013, on e-commerce, which was amended and supplemented under the Government’s Decree No. 85/2021/ND-CP of September 25, 2021;

Pursuant to the Government’s Resolution No. 99/NQ-CP of August 30, 2021, promulgating the Program of Action of the Government of the 2021-2026 tenure for implementing the National Assembly’s Resolution on the 2021-2025 five-year socio-economic development plan;

At the proposal of the Minister of Industry and Trade,

DECIDES:

Article 1. To approve the Scheme for anti-counterfeiting and consumer protection in e-commerce activities until 2025 (below referred to as the Scheme) with the following principle contents:

I. VIEWPOINTS

1. To work out solutions to realize the Government’s guidelines and directions in the Government’s Resolution No. 99/NQ-CP of August 30, 2021, promulgating the Program of Action of the Government of the 2021-2026 tenure for implementing the National Assembly’s Resolution on the 2021-2025 five-year socio-economic development plan, striving toward improving mechanisms, policies and laws to meet the requirements of effectively fighting counterfeit goods and protecting consumers in e-commerce activities in the new situation.

2. To facilitate the national digital transformation and the development of new hi-tech products, services and business models, sharing economy model, transactions and management of digital assets, new payment methods and the electronic identification and authentication system.

3. To raise the effect and effectiveness of state management and anti-counterfeiting and consumer protection in e-commerce activities.

4. To concentrate forces and use a combination of professional measures to fight and prevent violations relating to production and trading of counterfeit goods and goods infringing upon intellectual property rights; to find out causes of violations; to conduct law dissemination and education to raise the sense of law observance and responsibility for participating in the fight against violations relating to counterfeiting in e-commerce activities.

5. To expand cooperation with domestic and foreign law enforcement agencies, units and forces and international organizations so as to mobilize all resources for anti- counterfeiting and consumer protection in e-commerce activities.

II. OBJECTIVES AND TASKS OF THE SCHEME

1. Overall objectives

- To improve policies and laws on anti-counterfeiting and consumer protection in e-commerce activities.

- To create strong changes in awareness so that all levels, sectors, people and enterprises will voluntarily and properly abide by the Party’s guidelines and the State’s policies and laws on anti-counterfeiting and consumer protection.

- To raise the effectiveness of consumer protection in e-commerce activities, building consumers’ confidence in online transactions and trading activities; to guarantee lawful rights and interests of enterprises and consumers.

- To ensure transparent and healthy e-commerce activities, effectively protect lawful rights and interests of enterprises and consumers, and promote sustainable development of e-commerce in Vietnam.

2. Specific objectives

- To improve the system of policies and laws on inspection, handling of administrative violations, standards, measurement, product and goods, and goods labels in e-commerce activities; to improve the system of national standards and national technical regulations on product and goods quality; to accelerate the application of goods’ article number codes and barcodes and traceability of products and goods.

- To develop infrastructure and renew technology; to establish a system of anti-counterfeiting and consumer protection databases for centralized, continuous and synchronous management so as to effectively serve anti-counterfeiting and consumer protection in e-commerce activities.

- To provide training on e-commerce knowledge to all cadres and civil servants performing official duties to fight counterfeit goods and protect consumers in e-commerce activities for them to be sufficiently capable and qualified to successfully complete their assigned tasks.

- All large e-commerce exchanges will sign commitments not to trade in counterfeit goods; all organizations and individuals conducting business on large e-commerce exchanges will be disseminated about the law on e-commerce and specialized laws applicable to the goods they trade in; all consumers will be disseminated and educated about the law on protection of consumers’ interests.

3. Tasks

- To review, systematize, and advise competent authorities to amend, supplement and improve mechanisms, policies and laws on e-commerce and protection of consumers’ interests in e-commerce activities.

- To establish a centralized database on anti-counterfeiting and consumer protection; to develop infrastructure and equipment for anti-counterfeiting and consumer protection in e-commerce activities.

- To increase capacity, professional qualifications and skills of cadres and civil servants in charge of executing the laws on e-commerce and consumer protection in e-commerce activities.

- To improve the effectiveness of coordination among related agencies and functional forces in inspecting, examining, and handling violations.

- To conduct law dissemination and education and raise the awareness of entities engaged in e-commerce activities.

- To enter into international cooperation in anti-counterfeiting and consumer protection in e-commerce activities.

III. SOLUTIONS FOR IMPLEMENTING THE SCHEME

1. Improving regulations on e-commerce and consumer protection

- To study and evaluate the current situation and review legal documents, mechanisms and policies on anti-counterfeiting and consumer protection in e-commerce activities.

- To improve the system of policies and laws on management of e-commerce activities, anti-counterfeiting, consumer protection, standards, measurement, and product and goods quality in e-commerce activities.

2. Establishing a centralized database on anti-counterfeiting and consumer protection; developing infrastructure and equipment to assure information security in service of anti-counterfeiting and consumer protection in e-commerce activities

- To establish a centralized database on anti-counterfeiting and consumer protection in e-commerce activities (e-commerce exchanges, the system of information on e-transactions, e-transaction data, mechanisms for controlling goods in e-transactions, etc.) and connect and share such database with related databases of functional forces of ministries and sectors.

- To build a system for monitoring and collecting data on e-commerce transactions on social network platforms to add input data sources for the centralized database on anti-counterfeiting and consumer protection in e-commerce activities.

- To improve the system of national standards and national technical regulations on product and goods quality; to accelerate the application of article number codes and barcodes and traceability of products and goods.

- To set up an e-commerce management portal that allows connection and sharing of information among ministries and sectors in the fight against counterfeit goods and goods infringing upon intellectual property rights.

- Depending on task requirements, to submit to competent authorities for decision the development of infrastructure and equipment to ensure information security to effectively serve anti-counterfeiting and consumer protection in e-commerce activities.

- To acquire technologies from domestic and overseas organizations and individuals serving anti-counterfeiting and consumer protection in e-commerce activities.

3. Improving professional capacity and skills of cadres and civil servants in implementing the law on anti-counterfeiting and consumer protection in e-commerce activities

- To organize training and further training courses to improve professional capacity and skills of the contingent of cadres and civil servants in implementing the law on anti-counterfeiting and consumer protection in e-commerce activities.

- To study and formulate guidelines and provide training on professional knowledge on anti-counterfeiting and consumer protection in e-commerce activities so as to achieve the Scheme’s objectives.

4. Improving the effectiveness of coordination among related agencies and functional forces in inspecting, examining, and handling violations

- To review and assess regulations, mechanisms and effectiveness of coordination among ministries, sectors and localities in anti-counterfeiting and consumer protection in e-commerce activities for reporting to competent authorities for modification and completion.

- To intensify coordination in inspecting, examining, detecting and fighting violations of the laws on intellectual property, standards, measurement, quality, goods labels, article number codes and barcodes and traceability of products and goods in e-commerce activities.

- To promote the exchange and receipt of information to inspect, examine, and strictly handle violations related to e-commerce activities.

5. Conducting law dissemination and education to raise the sense of law observance of entities engaged in e-commerce activities

- To compile communications materials, organize the dissemination to thoroughly grasp the Party’s guidelines and the State’s policies and laws on anti-counterfeiting and consumer protection in e-commerce activities.

- To organize seminars, forums and technology exchanges at home to connect science and technology enterprises and units, domestic and foreign experts to promote cooperation and technology application and development so as to achieve the Scheme’s objectives.

- To coordinate public information and communication activities of ministries, sectors, organizations and individuals in the process of carrying out the Scheme’s activities; to guide localities, units and enterprises in performing tasks.

- To require e-commerce exchanges, especially large ones and social network infrastructure owners; to sign binding commitments on goods quality with each business entity and concurrently have tools for strict control and handling.

- To build official information channels of the Ministry of Industry and Trade and functional forces serving the regular updating and dissemination and education of law and warnings to consumers; to publicize information on organizations and individuals trading in counterfeit goods in e-commerce activities.

6. International cooperation in anti-counterfeiting and consumer protection in e-commerce activities

- To promote international cooperation in human resource development through science and technology tasks; technology exchange and transfer with international organizations and other countries in anti-counterfeiting and consumer protection in e-commerce activities.

- To encourage the association between foreign enterprises and domestic enterprises and research units in anti-counterfeiting and consumer protection in e-commerce activities.

- To organize international conferences and seminars on anti-counterfeiting and consumer protection in e-commerce activities with the participation of ministries, agencies, organizations, enterprises and individuals to exchange management experiences and acquire technology.

IV. FUNDS FOR IMPLEMENTATION OF THE SCHEME

1. Funding sources for implementation of the Scheme

Funds for implementation of the Scheme come from the state budget, capital mobilized under the socialization policy and other lawful sources. It is encouraged to integrate and use funds for programs, schemes and tasks already approved and implemented for the tasks assigned under this Scheme. The management and use of state budget funds must comply with the Law on the State Budget and guiding documents.

2. Formulation of plans and estimates and management of funds

- State budget funds for implementation of the Scheme must comply with the Law on the State Budget:

Every year, based on their tasks as assigned in the Scheme, ministries, sectors and localities shall formulate plans and estimate funds for implementation of these tasks for inclusion in their annual budget estimate plans for submission to competent authorities for approval.

- The estimation of funds from sources other than the state budget must comply with regulations applicable to each source.

V. ORGANIZATION OF IMPLEMENTATION

1. The National Steering Committee Against Smuggling, Trade Fraud and Counterfeit Goods shall monitor and urge ministries, sectors and provincial-level People’s Committees to implement the Scheme; propose the Prime Minister to consider and direct the handling of arising problems, difficulties and complicated cases involving multiple agencies and localities.

2. The Ministry of Industry and Trade shall

- Assume the prime responsibility for formulating plans and implementing the Scheme; coordinate with ministries and agencies in reviewing and improving the system of legal documents so as to manage trading via e-commerce, especially items affecting consumers’ health.

- Coordinate with ministries and agencies in formulating legal documents and regulations on sanctioning of administrative violations, amending and supplementing provisions on the sanctioning competence of the forces competent to sanction administrative violations relating to counterfeit goods and goods infringing intellectual property rights in relevant decrees on sanctioning of administrative violations; and increase penalties and sanctioning measures for acts of trading in counterfeit goods, especially items affecting consumers’ health.

- Assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in, implementing programs to promote the “.vn” domain name for enterprises, especially small- and medium-sized and micro enterprises; and promote the use of the “.vn” domain name in e-commerce activities.

- Assume the prime responsibility for, and coordinate with related agencies in, inspecting, examining and controlling the abuse of e-commerce activities to trade in counterfeit goods, especially large e-commerce exchanges and social networking sites;

- Establish a centralized database on anti-counterfeiting and consumer protection in e-commerce activities.

- Study and formulate training programs and documents and organize training in skills and methods of inspection, examination, and handling of violations in e-commerce activities for cadres and civil servants.

- Disseminate to raise the responsibility of entities in e-commerce activities to observe laws.

- Take the initiative in implementing solutions to mobilize social resources for implementing the Scheme and reduce expenditures from the state budget; ensure the highest level of information security as well as the effectiveness of the Scheme.

- Formulate, appraise and submit projects under the Scheme for approval and allocate funds for them in accordance with law.

- Assume the prime responsibility for, and coordinate with related units in, organizing the implementation of the Scheme; monitor and evaluate the effectiveness of implementation of the law on anti-counterfeiting and consumer protection, and report on the results of the implementation of the Scheme and projects in accordance with law.

3. The Ministry of Public Security shall

- Assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade and functional forces in, proactively grasping the situation, collecting information and documents, verifying and clarifying organizations’ and individuals’ acts of abusing e-commerce activities to commit illegal acts.

- Formulate plans on, and provide, professional training to forces engaged in anti-counterfeiting and consumer protection; send experts to participate in functional forces’ inspection and control of e-commerce activities; and enhance the exchange of information on inspection and handling of counterfeit goods in e-commerce activities.

4. The Ministry of Information and Communications shall

- Make public names and addresses of head offices of sellers or representatives authorized by sellers in accordance with the Government’s Decree No. 52/2013/ND-CP of May 16, 2013, on e-commerce, and the Government’s Decree No. 85/2021/ND-CP of September 25, 2021, amending and supplementing a number of articles of the Government’s Decree No. 52/2013/ND-CP of May 16, 2013, on e-commerce.

- Coordinate with the Ministry of Industry and Trade and related agencies and units in inspecting, examining and supervising the use, termination, suspension and revocation of licenses of websites, social networks, Vietnam’s national domain “.vn” and international domain names registered via Vietnam-based international domain name providers for use by Vietnamese organizations and individuals that commit violations in e-commerce activities; direct telecommunications and information technology enterprises to prevent the use of international domain names and IP addresses to commit violations in e-commerce activities.

- Direct press and media agencies to coordinate with the Ministry of Industry and Trade in providing adequate and official information on the dissemination and warning of violations in e-commerce activities.

- Promote the dissemination of information on typical cases and matters related to violations in e-commerce activities so as to deter, warn and raise awareness of consumers when participating in e-commerce transactions.

5. The Ministry of Finance shall

- Direct the General Department of Customs to adopt measures to detect, timely prevent, investigate and handle smuggling, trade fraud and counterfeit goods in e-commerce activities.

- Direct the General Department of Taxation to tighten tax administration of e-commerce business; take the initiative in sharing, exchanging and providing information on organizations and individuals showing signs of committing violations in e-commerce activities with related state management agencies for joint handling.

- Direct the thorough application of e-invoices which facilitate the verification and clarification of the origin of goods sold in the e-commerce environment.

- Balance and allocate recurrent expenditures from the annual state budget estimates of the Ministry of Industry and Trade and related ministries and sectors to perform tasks to be covered with funds from the state budget according to current regulations on budget management decentralization, the Law on the State Budget and relevant guiding documents.

6. The Ministry of Science and Technology shall

- Assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, intensifying inspection, examination, detection and combat of violations of the laws on intellectual property, standards, measurement, quality, goods labels, article number codes, barcodes and traceability of products and goods in e-commerce activities.

- Propose advanced technical solutions and apply high technologies to raise the effectiveness of management of, and anti-counterfeiting in, e-commerce activities.

- Assume the prime responsibility for formulating a coordination mechanism for supporting ministries, sectors and localities in the creation, establishment, exploitation, protection and exercise of intellectual property rights associated with brand development; send experts to provide information in handling violations of regulations on measurement, standards, quality, goods labels, article number codes, barcodes and traceability of products and goods, and intellectual property rights of products and goods on the market.

- Assume the prime responsibility for, and coordinate with related units in, organizing the inspection, supervision and control of the quality of related products and goods from the stage of production and import and during the process of circulation in the market and use.

7. The State Bank of Vietnam shall adopt measures to prevent the payment and transfer of money by organizations and individuals under decisions or as requested in writing by competent agencies in accordance with law.

8. The Ministries of Public Security; National Defense; Finance; Science and Technology; Information and Communications; Justice; Transport; Culture, Sports and Tourism; Health; and Agriculture and Rural Development, and provincial-level People’s Committees shall

- Assume the prime responsibility for, or coordinate with other ministries and agencies in, formulating legal documents and regulations on handling of administrative violations, amending and supplementing provisions on the sanctioning competence of the forces competent to sanction administrative violations concerning counterfeit goods and goods infringing intellectual property rights in relevant decrees on sanctioning of administrative violations; to increase penalties on e-commerce exchange owners that fail to store adequate information on sellers on e-commerce exchanges according to regulations.

- Assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, boosting the exchange and receipt of information to serve inspection, examination, and strict handling of violations relating to e-commerce activities.

- Establish interdisciplinary working groups to periodically check and review in order to raise capacity for coordination among agencies and units, and concurrently detect and prevent the occurrence of violations on a large scale.

- Formulate a mechanism to strengthen coordination among ministries, sectors and localities in anti-counterfeiting and consumer protection in e-commerce activities.

9. Provincial-level People’s Committees shall

- Direct local functional units and forces to closely coordinate with functional forces of ministries and sectors in anti-counterfeiting and consumer protection in e-commerce activities.

- Mobilize local resources for adding and providing support the performance of tasks of anti-counterfeiting and consumer protection in e-commerce activities.

- Propose policies suitable with the locals’ customs and culture to reduce the rate of violations related to counterfeit goods and goods infringing upon intellectual property rights in localities under their management.

- Coordinate with, and create mechanisms and favorable conditions for, functional forces to observe the law on anti-counterfeiting and consumer protection in e-commerce activities.

- Direct local mass media agencies to coordinate with functional forces in disseminating the Party’s guidelines and policies and the State’s laws on anti-counterfeiting and consumer protection in e-commerce activities; timely commend outstanding individuals and collectives in anti-counterfeiting and consumer protection in e-commerce activities; at the same time resolutely and strictly handle organizations and individuals committing violations in the above-mentioned activities.

10. The Central Committee of the Vietnam Fatherland Front and its member organizations shall step up the dissemination of regulations on e-commerce activities to all strata of people; tighten the oversight of law observance by state management agencies, producers and traders engaged in e-commerce activities; and increase social criticism for laws and policies on anti-counterfeiting and consumer protection in e-commerce activities.

11. The Vietnam E-Commerce Association shall

- Actively monitor and supervise its member enterprises in complying with the law concerning e-commerce, support its members to comply with laws, create conditions for its members to operate in an active and efficient manner; detect violations committed by enterprises that are members or not members of the Association and propose functional agencies to take appropriate handling measures so as to adhere to the law-abiding principle.

- Closely coordinate with market surveillance, competition management and consumer protection agencies, information and communications inspectorates, science and technology inspectorates, the Vietnam Consumer Protection Association as well as arbitration and other law defending bodies in timely detecting and handling violations committed by parties involved in e-commerce.

- Closely coordinate with media agencies to disseminate e-commerce activities.

12. The Vietnam Consumer Protection Association shall coordinate with news and press agencies to effectively disseminate laws concerning violations of regulations on e-commerce activities.

Article 2. This Decision takes effect on the date of its signing.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and heads of related agencies shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG