Chương I Nghị định 52/2013/NĐ-CP thương mại điện tử: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the development, application and management of e-commerce activities.

Article 2. Subjects of application

1. This Decree applies to traders, organizations and individuals engaged in e-commerce activities in the territory of Vietnam, including:

a/ Vietnamese traders, organizations and individuals;

b/ Foreign individuals residing in Vietnam;

c/ Foreign traders and organizations presenting in Vietnam through investment operation, establishment of branches and representative offices or websites with Vietnamese domain name.

2. On the basis of economic and social conditions and management requirements of each period, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Information and Communications in, guiding management measures for foreign traders, organizations and individuals that carry out e-commerce activities with Vietnamese parties.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. E-commerce activity means conducting part or the whole of the process of commercial activity by electronic means connected to the Internet, mobile telecommunications network or other open networks.

2. National e-commerce development program is a set of contents and tasks of e-commerce development activities in each period in order to encourage and support e-commerce applications to improve the efficiency of business and production, boost domestic commercial transactions and export, and build modern e-commerce infrastructure facilities.

3. E-document in commercial transactions (below referred to as e-document) is a contract, proposal, notice, confirmation or another document in the form of data message provided by the parties and related to contract conclusion or performance.

Electronic documents in this Decree do not include draft, promissory note, bill of lading, shipping bill, warehousing and ex-warehousing bills or any transferable documents which permit the bearers or beneficiaries to have the right to receive goods or services or be paid an amount of money.

4. Originator is the party or a representative of that party that has generated or sent an e-document before storing it. The originator does not include the party acting as an intermediary related to that e-document.

5. Recipient is the party that is intended by the originator to receive the e-document. The recipient does not include the party acting as an intermediary related to that e-document.

6. Automatic information system is an information system for generating, sending, receiving or responding to data messages without human intervention or check of each performed action.

7. Business place is a fixed establishment for carrying out business activities, excluding temporary establishments for goods or service provision.

8. E-commerce website (below referred to as website) is an electronic information page set up to serve part or the whole of the process of buying and selling goods or providing services, from displaying and introducing goods or services to concluding contracts, providing services, making payment and providing after-sales services.

9. E-commerce trading floor is an e-commerce website permitting traders, organizations and individuals that are not the website owner to conduct part or the whole of the process of buying and selling goods or services on that website.

E-commerce trading floor referred to in this Decree does not include online securities trading websites.

10. Online promotion website is an e-commerce website set up by traders and organizations to promote goods and services of other traders, organizations or individuals under the terms of promotion service contracts.

11. Online auction website is an e-commerce website providing solutions allowing traders, organizations and individual that are not the website owner to auction their goods on that website.

12. Online ordering function is a function installed on an e-commerce website or terminal equipment of customers connected to an e-commerce website in order to permit customers to begin the process of conclusion of contracts under the terms published on that website, including conclusion of contracts with an automatic information system.

13. Personal information is information contributing to identifying a particular individual, including his/her name, age, home address, phone number, medical information, account number, information on personal payment transactions and other information that the individual wishes to keep confidential.

Personal information referred to in this Decree does not include work contact information and other information that the individual himself/herself has published in the mass media.

14. Collection of personal information is the collection of information, including personal information of many consumers being customers or potential customers of traders, organizations or individuals engaged in e- commerce activities, for putting in a database.

15. Service of e-contract certification is a third party’s service of storing and assuring the integrity of e-documents created by the parties during the conclusion and performance of contracts.

Article 4. Prohibited acts in e-commerce activities

1. Violations of e-commerce business activities:

a/ Organizing a marketing and business network for e-commerce services in which each participant is required to pay an initial amount of money to buy the service and receive commission, bonus or other economic benefits from mobilizing others to join the network;

b/ Taking advantage of e-commerce to trade in counterfeit goods or trade in goods or provide services infringing upon intellectual property rights, or trade in goods or provide services in the list of goods and services banned from business;

c/ Taking advantage of the name of e-commerce business to illegally mobilize capital from other traders, organizations or individuals;

d/ Providing e-commerce services or monitoring, evaluation and certification services in e-commerce when these services have not been registered or licensed in accordance with this Decree;

dd/ Providing e-commerce services or monitoring, evaluation and certification services in e-commerce inconsistent with the information in the dossier of registration or licensing;

e/ Committing fraudulent acts or providing false information when carrying out the procedures for notification of the setting up of an e-commerce website, registering a website to provide e-commerce services, registering or applying for a license to provide monitoring, evaluation and certification services.

2. Violations of information on e-commerce websites:

a/ Falsifying registration information or failing to comply with the regulations on the form and mode of disclosing registration information on e-commerce websites;

b/ Using the logos of credit rating programs of e-commerce websites when having not been recognized by these programs;

c/ Using links, logos or other technologies on e-commerce websites to cause confusion about the relationship with other traders, organizations or individuals;

d/ Using links to provide conflicting or misleading information compared with the information disclosed in the area where the website is connected with this link.

3. Violations of transaction on e-commerce websites:

a/ Performing acts of deceiving consumers on e-commerce websites;

b/ Falsifying information of traders, organizations or individuals in order to participate in e-commerce activities;

c/ Intervening in the operation system and Internet browser in electronic equipment accessible to websites in order to force customers to stay on the websites against their will.

4. Other violations:

a/ Stealing, using, revealing, transferring and selling information relating to business secrets of other traders, organizations or individuals or personal information of consumers in e-commerce without the consent of the parties concerned, unless otherwise provided by law;

b/ Faking or copying the interfaces of e-commerce websites of other traders, organizations or individuals to make profit or to cause confusion or customer distrust in those traders, organizations or individuals.

Article 5. Contents of state management of e-commerce

1. Developing, and organizing the implementation of, mechanisms, policies, strategies, master plans and programs on e-commerce development.

2. Promulgating, and organizing the implementation of, legal documents on e-commerce activities, standards of and regulations on e-commerce applications, and regulations on the management of specific e-commerce services.

3. Managing and supervising e-commerce activities.

4. Disseminating and educating about the law on e-commerce.

5. Organizing technology research, application and transfer in e-commerce.

6. Organizing activities of advising and supporting enterprises to deploy and apply e-commerce.

7. Organizing the training and retraining of human resources for e-commerce.

8. Making e-commerce statistics.

9. Performing international cooperation in the field of e-commerce.

10. Conducting inspection and examination, settling complaints and denunciations and handling violations in e-commerce activities.

Article 6. Responsibilities of state management of e-commerce

1. The Ministry of Industry and Trade is responsible before the Government for performing the state management of e-commerce.

2. Ministries, ministerial-level agencies, People’s Committees of provinces and centrally run cities shall, within the ambit of their tasks and powers, coordinate with the Ministry of Industry and Trade in performing the state management of e-commerce.

Article 7. National e-commerce development program

1. The State adopts appropriate policies and measures to promote the transparent and sustainable development of e-commerce through the national e-commerce development program.

2. The contents of the national e-commerce development program include:

a/ Building and developing e-commerce infrastructure;

b/ Conducting public information to raise awareness of e-commerce;

c/ Training and developing human resources for e-commerce;

d/ Developing products and solutions of e-commerce;

dd/ Advising on the development of e-commerce application plans;

e/ Performing international cooperation on e-commerce;

g/ Building management capacity and organizing activities of e-commerce development;

h/ Other contents.

3. The Prime Minister shall stipulate participants, scope of application, management mechanisms and provision of financial assistance for the national e-commerce development program.

Article 8. E-commerce statistics

1. People’s Committees of provinces and centrally run cities shall collect statistics on the application of e-commerce of each locality and make annual reports to the Ministry of Industry and Trade for summarization.

2. Traders and organizations providing e-commerce services are obliged to periodically report on their service provision to serve the making of e- commerce statistics.

3. The Minister of Industry and Trade shall promulgate detailed regulations on reporting and statistics for traders and organizations providing e-commerce services and localities with e-commerce enterprises.