MINISTRY OF INDUSTRY AND TRADE | SOCIALIST REPUBLIC OF VIETNAM |
No. 20/VBHN-BCT | Hanoi, March 18, 2020 |
CIRCULAR
ON MANAGEMENT OF E-COMMERCE WEBSITES
Circular No. 47/2014/TT-BCT dated December 5, 2014 of the Minister of Industry and Trade on management of e-commerce websites, coming into force as of January 20, 2015, amended by:
1. Circular No. 04/2016/TT-BCT dated June 6, 2016 of the Minister of Industry and Trade on amendments to certain circulars of the Minister of Industry and Trade concerning administrative procedures in e-commerce, chemicals, liquor business, franchising, sale of goods through commodity exchanges, energy, food safety and electricity, coming into force as of July 20, 2016;
2. Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018;
3. Circular No. 42/2019/TT-BCT dated December 18, 2019 of the Minister of Industry and Trade on amendments to certain regulations on periodical reports in circulars or joint circulars (jointly) promulgated by the Minister of Industry and Trade, coming into force as of February 5, 2020.
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 Decree No.52/2013/ND-CP dated May 16, 2013 of the Government on e-commerce;
Pursuant to the Government’s Decree No.59/2006/NĐ-CP dated June 12, 2013 elaborating Commercial Law concerning goods and services banned, restricted from business, and subject to conditional business;[1]
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Circular provides guidelines for some articles of the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce (hereinafter referred to as the Decree No. 52/2013/ND-CP) on business activities on e-commerce websites, procedures for notifying and registering e-commerce websites, registration of trustmark accreditation in e-commerce 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 that operate their own websites to sell goods online (hereinafter referred to as online sellers).
2. Traders, organizations that operate e-commerce platforms (hereinafter referred to as platform operators).
3. Vendors on e-commerce platforms (hereinafter referred to as vendors on platforms).
4. Traders, organizations providing trustmark accreditation for e-commerce websites (hereinafter referred to as trustmark accreditation operators).
5. Organizations, individuals that report violations 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. Online sellers 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 platform operators
1. Comply with the provisions set out in Article 36 of the Decree No.52/2013/ND-CP.
2. Request vendors on e-commerce marketplace platforms to provide the information as prescribed in Clauses 1, 2 and 3 of Article 29 of the Decree No.52/2013/ND-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 grounded reports on such information.
5. Request vendors 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 online sellers with respect to notifying and registering e-commerce websites.
1. Online sellers should make notification to the Ministry of Industry and Trade according to the provisions set out in Section 1, Chapter II hereof.
2. Platform operators must register with the Ministry of Industry and Trade according to the provisions set out in Section 2, Chapter II hereof.
3. Where an online seller plays as a platform operator, it 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/ND-CP should register with The Ministry of Industry and Trade in the form of e-commerce marketplace platform.
2. Owners of social networks as defined in Clause 1 of this Article should be responsible for providing e-commerce marketplace platform 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/ND-CP.
Article 7. Websites of online coupons and deals
Websites of online coupons and deals as defined in Clause 10, Article 3 of the Decree No.52/2013/ND-CP include:
1. Websites as defined in Points a and b, Clause 2, Article 39 of the Decree No.52/2013/ND-CP include:
2. Websites providing coupons and deals 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
Section 1. NOTIFYING ONLINE SHOPPING WEBSITES
Article 8. [2](annulled)
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 online seller shall access to the e-commerce management portal and execute the following steps:
Step 1: The online seller shall register for access to the system by providing the following information:
- The online seller’s name;
- Business registration number (of trader) or establishment decision number (of organization), or taxpayer identification number (of individual);
- Lines of business;
- Addresses of corporate online seller's head offices or permanent addresses of individual online seller;
- Contact information.
Step 2: Within three working days, the online seller 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, the online seller shall be granted an account and proceed Step 3:
- If registration is rejected or additional information is required, the online seller should carry out the registration again or provide additional information as requested.
Step 3: After being granted an account for access to the system, the online seller 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, the online seller 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, the online seller should return to Step 3 for declaration again or providing additional information as requested.
3. The online seller 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 the online seller receives 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 the online seller.
2. Upon confirmation of notification, the Ministry of Industry and Trade shall send to the online seller 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 the online seller 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/ND-CP or the notified website is suspended, the online seller 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 the online seller 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 the online seller 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, the online seller is 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 the online seller fails to do the updating, the Ministry of Industry and Trade shall issue a written warning via an account registered by the online seller on the e-commerce websites. Within 15 working days since dispatch of the written warning, if the online seller fails to give responses, the Ministry of Industry and Trade shall postpone the notification information on the e-commerce management portal.
Section 2. REGISTRATION OF E-COMMERCE PLATFORMS
Article 21. Eligible registrants [3]
“Eligible registrants refer to traders or organizations having e-commerce websites providing at least one of the following services:
1. E-commerce marketplace platforms.
2. Online coupons and deals.
3. Online auction
Article 14. Application for registration
Required documents in an application for registration:
1. An application form for registration of e-commerce platform (according to Form TMĐT-1 in the Appendix enclosed herewith).
2. [4] An authenticated copy of establishment decision (for organizations), certificate of enterprise registration or investment certificate (for traders) An applicant submitting application in person may submit any of the three copies above in their discretion.
3. An e-commerce platform scheme according to the provisions set out in Clause 3, Article 54 of the Decree No.52/2013/ND-CP.
4. Statute of management of e-commerce platform comprises:
a) Subject matters as set out in Article 38 of the Decree No.52/2013/ND-CP;
b) Method and time limit for handling reports of violations of the e-commerce platform upon detection.
5. Forms of service contract or cooperation agreement between the platform operator and vendors on that platform.
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 applications for registration of e-commerce platform shall be done online by the Ministry of Industry and Trade on the e-commerce management portal.
2. To declare information, applicants should access the e-commerce management portal and do the following steps:
Step 1: The applicant registers for a user account to access the system by providing the following information:
- Names of the applicant;
- Business registration number (of trader) or establishment decision number (of organization);
- Lines of business;
- Addresses of applicant’s head offices;
- Contact information.
Step 2: Within a period of three working days, the applicant 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, the applicant shall be granted an account and continue Step 3:
- If the registration for an account is rejected or supplements are required, the applicant should carry out registration again or supplement the information as requested.
Step 3: After being granted an account for access to the system, the applicant shall carry out logging on, choose a feature “registration for e-commerce platform, fill in the forms as instructed and enclose applications for registration according to the provisions set out in Article 14 hereof .
Step 4: Within a period of seven working days, the applicant 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 the applicant is requested to continue Step 5;
- Notices that the documents are inadequate documents, or requests for supplements. In this case, the applicant 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, the applicant 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. The applicant 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 the applicant receives no responses, the application for registration 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 complete and valid applications for registration (hard copy) sent in person 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 (Department of E-commerce and Information Technology [6]) shall make a written notice to the applicant via registered emails for completion of the documents.
2. Upon confirmation of the documents, the Ministry of Industry and Trade shall send to the applicant via registered emails a code segment for insertion into the e-commerce platform and displayed on-screen as a "registered" sign. Upon choosing this sign, users shall be led to respective registration information about the applicant 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 e-commerce platforms according to the provisions set out in Clause 1, Article 56 of the Decree No. 52/2013/ND-CP, the applicant 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 [7]), enclosed with papers and documents proving such change (if any).
3. Within seven working days since receipt of adequate and accurate notification from the applicant 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 the applicant via granted user accounts; in case no confirmation is made, reasons should be stated.
Article 18. Postponement of registration
1. The Ministry of Industry and Trade has the right to terminate registration for e-commerce platforms according to the provisions set out in Clause 3, Article 56 of the Decree No.52/2013/ND-CP.
2. A platform operator should make a written notice to the Ministry of Industry and Trade before seven working days upon suspension or transfer of such e-commerce platform for the 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 [8]).
3. An e-commerce platform 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/ND-CP;
b) Fail to perform reporting obligations according to the provisions set out in Article 57 of the Decree No. 52/2013/ND-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 platforms shall be publicized on e-commerce management portal.
Article 19. Re-registration for e-commerce platforms
1. Upon receipt of transfer of e-commerce platforms, the transferee should register again according to the provisions set out in Article 5 hereof.
2. The said transferee must apply for re-registration of the platform within 30 days since the transfer date.
3. E-commerce platforms 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 platforms according to the provisions set out in Article 54 of the Decree No.52/2013/ND-CP.
Article 20. Periodical reporting obligations of registered platform operators.
1. Before January 15 annually, platform operators shall 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 the platform operator or via written communication by post.
3. To serve the investigation and inspection carried out by regulatory agencies or to clarify reports of violations filed by organizations or individuals according to the provisions set out in Article 32 hereof, the platform operator 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 TRUSTMARK ACCREDITATION PROGRAM IN E-COMMERECE
Article 21. [9] (annulled)
Article 22. Application for registration
Required documents in an application for registration:
1. An application form for registration of trustmark accreditation in e-commerce (according to Form TMĐT-2 in the Appendix enclosed herewith).
2. [10] An authenticated copy of Establishment Decision (for organizations), Certificate of Enterprise Registration or Investment Certificate (for traders) The applicant submitting application in person may submit any of the three copies above in their discretion.
3. A trustmark accreditation program comprises at least:
a) Official name of trustmark accreditation program;
b) Purpose of trustmark accreditation program;
c) Explanations of experience and qualification appropriate for trustmark accreditation program;
d) Scope of trustmark accreditation in line with business lines of the applicant;
dd) Time and frequency of trustmark accreditation;
e) Subjects or types of e-commerce websites to be accredited;
g) Criteria for accreditation of 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/ND-CP;
h) Process and manner of trustmark accreditation in e-commerce;
i) Manner of trustmark accreditation and selecting personnel to do trustmark accreditation;
k) A trustmark to be displayed on the accredited e-commerce website;
l) Plan of surveillance of operation of the e-commerce websites bearing a trustmark;
m) Rights and obligations of the trustmark accreditation operator and the accredited business.
Article 23. Process of registration
1. Receipt and process of application for registration of trustmark accreditation in e-commerce shall be done online by the Ministry of Industry and Trade on the e-commerce management portal.
2. To declare information, the applicant should access the e-commerce management portal and do the following steps:
Step 1: The applicant registers for a user account to access the system by providing the following information:
- Names of the applicant;
- Business registration number of traders or Establishment decision No. of organizations;
- Lines of business;
- Addresses of the applicant's head offices;
- Contact information including telephone number, facsimile and emails.
Step 2: Within a period of three working days, the applicant 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, the applicant shall be granted an account and continue Step 3:
- If the registration for an account is rejected or supplements are required, the applicant should carry out registration again or supplement the information as requested.
Step 3: The applicant shall log on, choose “registration of trustmark accreditation in e-commerce” feature, fill in the forms as instructed and attach the application for registration as prescribed in Article 22 hereof.
Step 4: Within a period of 15 working days, the applicant 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 the applicant is requested to continue Step 5;
- Notices that the documents are inadequate documents, or requests for supplements. In this case, the applicant should return to Step 3 for declaration again or supplementing the information as requested.
Step 5: After receipt of the notice confirming complete and valid application, the applicant 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. The applicant 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 the applicant receives no responses, the application for registration shall be terminated and registration should start again from the beginning.
Article 24. Confirmation of registration
1. Time limit for confirmation of registration: 05 working days since receipt of complete and valid applications for registration (hard copy) sent in person 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 the applicant via registered emails for completion of the documents.
2. Upon confirmation of registration, the Ministry of Industry and Trade shall make a written notice of confirmation to the applicant via registered emails, and at the same time enter names of such applicant on the list of registered trustmark accreditation operators in e-commerce on the e-commerce management portal.
3. After registration is confirmed, the trustmark of trustmark accreditation operator and a list of websites bearing this trustmark shall be publicized on the e-commerce management portal.
Article 25. Amending and supplementing registered information
1. The applicant should notify amendment and supplementation of registration information within 07 working days since one of the following changes take place:
a) Names of the applicant;
b) Representatives of the applicant; people responsible for trademark accreditation in e-commerce;
c) Addresses of head offices or contact information;
d) Criteria and process of trustmark accreditation in e-commerce or other issues of the trustmark accreditation program 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 [13]), attached with papers and materials proving such change (if any).
3. Within seven working days since receipt of adequate and accurate notification from the applicant 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 the applicant 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 a trustmark accreditation operator in the following cases:
a) As proposed by such trustmark accreditation operator;
b) The trustmark accreditation operator stops their accreditation;
c) The trustmark accreditation operator has registered regular and continuous frequency of accreditation but has not engaged in such activity.
d) The trustmark accreditation operator has not performed their obligations according to the provisions set out in Clause 4, Article 61 of the Decree No. 52/2013/ND-CP and continues offences after being warned.
dd) The trustmark accreditation operator has their registration terminated according to the provisions set out in Clause 2, Article 61 of the Decree No. 52/2013/ND-CP.
2. Before January 15 annually, trustmark accreditation operators shall report performance of accreditation in the preceding year to the Ministry of Industry and Trade (Department of E-commerce and Information Technology [14]) via user accounts of the trustmark accreditation operator on the e-commerce management portal.
3. Upon postponement of registration, the Ministry of Industry and Trade shall withdraw names of these operators from the list of registered trustmark accreditation operators and at the same time remove the trustmark and the list of websites bearing this trustmark from the e-commerce management portal.
Section 27. Periodical reporting obligations of trustmark accreditation operators
1. Before fifth day of each month, the trustmark accreditation operator should update on the e-commerce management portal the list of e-commerce websites bearing its trustmark up to the end of the preceding month.
Before January 15 annually, the trustmark accreditation operator should report performance of accreditation in the preceding year to the Ministry of Industry and Trade (Department of E-commerce and Information Technology [14]) via user accounts of trustmark accreditation operator on the e-commerce management portal.#
3. To serve the investigation and inspection carried out by regulatory agencies or to clarify reports of violations filed by organizations or individuals according to the provisions set out in Article 31 hereof, trustmark accreditation operators shall report and provide information about the websites bearing the trustmarks 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/ND-CP.
3. When an e-commerce platform 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 registered trustmark accreditation operators
1. After the trustmark accreditation operator completes registration procedures according to the provisions hereof and receive confirmations from the Ministry of Industry and Trade, information of such operator shall be entered on the list of registered trustmark accreditation operators 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/ND-CP.
3. Upon termination or postponement of registration, information about the trustmark accreditation operator shall be withdrawn from such list and shifted to the mode of postponement of registration or entered on the list of trustmark accreditation operators 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/ND-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 owners of the websites;
c) Violations committed by traders, organizations and individuals;
Article 31. Receiving reports of violations and publishing a list of e-commerce websites with violations being reported
1. The Ministry of Industry and Trade shall receive reports of violations 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/ND-CP;
c) Violate the provisions on responsibilities of online sellers or e-commerce platform operators as set out in the Decree No.52/2013/ND-CP.
d) Violate the provisions on personnel information protection and payment safety in e-commerce as set out in the Decree No.52/2013/ND-CP;
dd) Other violations as set out in Article 4 of the Decree No.52/2013/ND-CP.
2. Organizations, individuals shall report violations on e-commerce management portal. Required information in a report of violation:
a) Full name, ID No., residence address, telephone number and email of the report maker;
b) Address of e-commerce website where reported violation takes place;
c) Reported violation(s);
d) Summary of report;
dd) Documents and evidence supporting violations (if any)
3. Within a period of 5 working days, the report maker shall receive responses from the Ministry of Industry and Trade via granted emails regarding one of the following subject matters:
- Confirmations that the report of violation considered complete and valid and counted to the number of reports according to the provisions as set out in Point a, Clause 4 hereof;
- Notices that the report of violation is invalid, or requests for further information.
4. Disclosure of report of violation about an e-commerce website on the e-commerce management portal shall be done as follows:
a) Any e-commerce website receiving 5 reports of violations or more 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 the e-commerce website owner fails 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 [16] to carry out procedures of notification and registration for e-commerce websites, registration of trustmark accreditation 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 verifying notification and registration information; following up and publishing information on the e-commerce management portal.
Article 33. Effect [18]
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. Should any question arise during implementation, traders or relevant organizations and individuals shall promptly inform the Ministry of Industry and Trade for consideration and handling./.
| AUTHENTICATION OF CONSOLIDATED DOCUMENT |
[1] Circular No. 04/2016/TT-BCT dated June 6, 2016 of the Minister of Industry and Trade on amendments to certain circulars of the Minister of Industry and Trade concerning administrative procedures in e-commerce, chemicals, liquor business, franchising, sale of goods through commodity exchanges, energy, food safety and electricity, with the following bases:
“Pursuant to Decree No.95/2012/ND-CP dated November 12, 2012 of the Government on functions, duties, rights and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 63/2010/ND-CP dated June 8, 2010 of the Government on control of administrative procedures;
Pursuant to Decree No. 48/2013/ND-CP dated May 14, 2013 of the Government on amendments to certain decrees in respect of control of administrative procedures;
Implementing Directive No. 17/CT-TTg dated June 20, 2014 of the Prime Minister on certain measures to correct malpractice regarding requirement of certified true copies upon performance of administrative procedures;
At the request of Director of Department of Legal Affairs,”
Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, with the following bases:
“Pursuant to Decree No.98/2017/ND-CP dated August 18, 2017 of the Government on functions, duties, rights and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No.52/2013/ND-CP dated May 16, 2013 of the Government on e-commerce;
Pursuant to Decree No.08/2018/ND-CP dated January 15, 2018 of the Government on amendments to a number articles of Decree related to investment and business conditions in fields under management of the Ministry of Industry and Trade;
At the request of the Director of the E-Commerce and Digital Economy Agency,”
Circular No. 42/2019/TT-BCT dated December 18, 2019 of the Minister of Industry and Trade on amendments to certain regulations on periodical reports in circulars or joint circulars (jointly) promulgated by the Minister of Industry and Trade, with the following bases:
“Pursuant to Decree No.98/2017/ND-CP dated August 18, 2017 of the Government on functions, duties, rights and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 09/2019/ND-CP dated January 24, 2019 of the Government on reporting regulations applied to regulatory agencies;
At the request of the Chief of the Ministry Office;”
[2] This Article is annulled by Clause 1 Article 1 of Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018;
[3] This Article is annulled by Clause 2 Article 1 of Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018.
[4] This Clause is amended by Article 11 of Circular No. 04/2016/TT-BCT dated June 6, 2016 of the Minister of Industry and Trade on amendments to certain circulars of the Minister of Industry and Trade concerning administrative procedures in e-commerce, chemicals, liquor business, franchising, sale of goods through commodity exchanges, energy, food safety and electricity, coming into force as of July 20, 2016.
[5] The phrase “Cục Thương mại điện tử và Công nghệ thông tin” is replaced by “Cục Thương mại điện tử và Kinh tế số” as specified in clause 4 Article 1 of Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018.
[6] The phrase “Cục Thương mại điện tử và Công nghệ thông tin” is replaced by “Cục Thương mại điện tử và Kinh tế số” as specified in clause 4 Article 1 of Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018.
[7] The phrase “Cục Thương mại điện tử và Công nghệ thông tin” is replaced by “Cục Thương mại điện tử và Kinh tế số” as specified in clause 4 Article 1 of Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018.
[8] The phrase “Cục Thương mại điện tử và Công nghệ thông tin” is replaced by “Cục Thương mại điện tử và Kinh tế số” as specified in clause 4 Article 1 of Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018.
[9] This Article is annulled by Clause 3 Article 1 of Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018.;
[10] This Clause is amended by Article 11 of Circular No. 04/2016/TT-BCT dated June 6, 2016 of the Minister of Industry and Trade on amendments to certain circulars of the Minister of Industry and Trade concerning administrative procedures in e-commerce, chemicals, liquor business, franchising, sale of goods through commodity exchanges, energy, food safety and electricity, coming into force as of July 20, 2016.
[11] The phrase “Cục Thương mại điện tử và Công nghệ thông tin” is replaced by “Cục Thương mại điện tử và Kinh tế số” as specified in clause 4 Article 1 of Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018.
[12] The phrase “Cục Thương mại điện tử và Công nghệ thông tin” is replaced by “Cục Thương mại điện tử và Kinh tế số” as specified in clause 4 Article 1 of Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018.
[13] The phrase “Cục Thương mại điện tử và Công nghệ thông tin” is replaced by “Cục Thương mại điện tử và Kinh tế số” as specified in clause 4 Article 1 of Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018.
[14] The phrase “Cục Thương mại điện tử và Công nghệ thông tin” is replaced by “Cục Thương mại điện tử và Kinh tế số” as specified in clause 4 Article 1 of Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018.
[15] This Clause is amended by Clause 1 Article 33 of Circular No. 42/2019/TT-BCT dated December 18, 2019 of the Minister of Industry and Trade on amendments to certain regulations on periodical reports in circulars or joint circulars (jointly) promulgated by the Minister of Industry and Trade, coming into force as of February 5, 2020.
[16] The phrase “Cục Thương mại điện tử và Công nghệ thông tin” is replaced by “Cục Thương mại điện tử và Kinh tế số” as specified in clause 4 Article 1 of Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018.
[17] The phrase “Cục Thương mại điện tử và Công nghệ thông tin” is replaced by “Cục Thương mại điện tử và Kinh tế số” as specified in clause 4 Article 1 of Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018.
[18] Article 12 of Circular No. 04/2016/TT-BCT is amended by certain circulars of the Minister of Industry and Trade concerning administrative procedures in e-commerce, chemicals, liquor business, franchising, sale of goods through commodity exchanges, energy, food safety and electricity, coming into force as of July 20, 2016 stipulates as follows:
“Article 12. Effect
This Circular comes into force as of July 20, 2016. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration./.”
Article 3 of Circular No. 21/2018/TT-BCT dated August 20, 2018 of the Minister of Industry and Trade on amendments to Circular No.47/2014/TT-BCT dated December 5, 2014 of the Ministry of Industry and Trade on management of e-commerce websites and Circular No.59/2015/TT-BCT dated December 31, 2015 of the Ministry of Industry and Trade on management of e-commerce mobile applications, coming into force as of October 18, 2018 stipulates as follows:
“Article 3. Implementation
1. This Circular comes into force from October 18, 2018.
2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration./.”
Article 37 of Circular No. 42/2019/TT-BCT dated December 18, 2019 of the Minister of Industry and Trade on amendments to certain regulations on periodical reports in circulars or joint circulars (jointly) promulgated by the Minister of Industry and Trade, coming into force as of February 5, 2020 stipulates as follows:
“Article 37. Effect
1. This Circular comes into force as of February 5, 2020.
2. The following regulations are annulled:
a) Clause 6 Article 1 of Circular No. 33/2016/TT-BCT dated December 23, 2016 of the Minister of Industry and Trade on amendments to Circular No. 36/2015/TT-BCT dated October 28, 2015 on promulgation of national technical regulations applied to paper towels and toilet paper.
b) Article 4 of Circular No. 51/2018/TT-BCT dated December 19, 2018 of the Minister of Industry and Trade on amendments to Joint Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Minister of Industry and Trade and the Minister of Natural Resources and Environment on management of import, export and temporary importation of substances that deplete the ozone layer as regulated in the Montreal Protocol on Substances that Deplete the Ozone Layer.
c) Clause 20 Article 1 of Circular No. 31/2018/TT-BCT dated October 5, 2018 of Minister of Industry and Trade on amendments to Circular No. 27/2013/TT-BCT dated October 31, 2013 on inspection of electricity activities and use, settlement of disputes over power purchase agreements.
d) Article 29 of Circular No. 43/2013/TT-BCT dated December 31, 2013 of the Minister of Industry and Trade on procedures for preparation, appraisal, approval and adjustments to electricity development planning.
3. Applicable regulations on periodical reports in industry and trade sector must ensure deadlines for final report figures as prescribed in Article 12 of Decree No. 09/2019/ND-CP.
4. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration./.”
---------------
This document is handled by Vinas Doc. Document reference purposes only. Any comments, please send to email: [email protected]