Chương IV Nghị định 52/2013/NĐ-CP thương mại điện tử: Quản lý hoạt động thương mại điện tử

Chapter IV

MANAGEMENT OF E-COMMERCE ACTIVITIES

Section 1. MANAGEMENT OF SALES E-COMMERCE WEBSITES

Article 52. Conditions for setting up sales e-commerce websites

Traders, organizations or individuals may set up sales e-commerce websites if satisfying the following conditions:

1. Having relevant functions and tasks, for traders and organizations, or having been granted personal tax identification numbers, for individuals.

2. Having websites with valid domain names and complying with regulations on management of information on the Internet.

3. Having notified the Ministry of Industry and Trade of the set-up of sales e-commerce websites under Article 53 of this Decree.

Article 53. Procedures for notification of set-up of sales e-commerce websites

1. Traders, organizations or individuals that set up sales e-commerce websites shall notify such to the Ministry of Industry and Trade through online notification tools on the E-Commerce Management Portal.

2. Information to be notified includes:

a/ Domain name of the e-commerce website;

b/ Types of goods and services to be introduced on the website;

c/ Registered name of the trader or organization or name of the individual owning the website;

d/ Address of the office of the trader or organization or address of permanent residence of the individual;

dd/ Number, date and place of grant of the business registration certificate of the trader, or number, date of grant and granting agency of the establishment decision of the organization; or personal tax identification number of the individual;

e/ Names, titles, identity card numbers, telephone numbers and e-mail addresses of the representative of the trader and person responsible for the e-commerce website;

g/ Other information as prescribed by the Ministry of Industry and Trade.

Section 2. MANAGEMENT OF E-COMMERCE SERVICE PROVISION WEBSITES

Article 54. Conditions for setting up e-commerce service provision websites

Traders and organizations may set up e-commerce service provision websites specified in Sections 2, 3 and 4, Chapter III of this Decree when fully satisfying the following conditions:

1. Having relevant business lines or functions and tasks.

2. Having websites with valid domain names and complying with regulations on management of information on the Internet.

3. Having a service provision plan clearly stating the following:

a/ Model of organization of operations, including service provision, promotion and marketing both online and offline;

b/ Structure, utilities and main information sections on the service website;

c/ Rights and responsibilities of the trader or organization providing e-commerce services and service users.

4. Having registered for setting up e-commerce service provision websites and having their registrations certified by the Ministry of Industry and Trade under Articles 55 and 58 of this Decree.

Article 55. Procedures for registration for setting up e-commerce service provision websites

1. Traders and organizations shall make registrations online with the Ministry of Industry and Trade for setting up e-commerce service provision websites after their websites have been completed with adequate structure, utilities and information according to service provision plans and operating at registered addresses of domain names, and before officially providing services to users.

2. A registration dossier comprises:

a/ An application for registration for setting up an e-commerce service website;

b/ Certified copies of the establishment decision (for organizations), business registration certificate, investment certificate or investment license (for traders);

c/ The service provision plan as prescribed in Clause 3, Article 54 of this Decree;

d/ Regulation on operation management of the e-commerce service website in compliance with this Decree and relevant laws;

dd/ Model service provision contract and general transaction conditions, if any;

e/ Other documents prescribed by the Ministry of Industry and Trade.

Article 56. Registration modification or supplementation, re-registration, deregistration

1. A trader or organization that sets up an e-commerce service website shall notify the modification or supplementation of registered information when having one of the following changes:

a/ Change of the name of the trader or organization;

b/ Change of the representative of the trader or the person responsible for the service website;

c/ Change of the transaction bureau address or contract information;

d/ Change of the domain name;

dd/ Change in the transaction regulation and conditions on the service website;

e/ Change of terms of the service provision contract;

g/ Change or addition of services to be provided on the website;

h/ Other changes as prescribed by the Ministry of Industry and Trade.

2. When receiving transferred e-commerce service provision websites, traders and organizations shall make re-registration under Article 55 of this Decree.

3. An e-commerce service website is deregistered in the following cases:

a/ At the request of the trader or organization providing e-commerce services;

b/ The trader or organization providing e-commerce services ceases its operation or transfers its e-commerce service website to another trader or organization;

c/ The e-commerce service website fails to commence operation within 30 (thirty) days after its registration or sends no feedback at the request of a state management agency;

d/ The trader or organization providing e-commerce services has the registration revoked under Clause 2, Article 78 of this Decree;

dd/ Other cases as prescribed by the Ministry of Industry and Trade.

Article 57. Reporting obligation

Before January 15 every year, traders and organizations providing e-commerce services shall report to the Ministry of Industry and Trade on statistics on their operations in the preceding year under Article 8 of this Decree.

Article 58. Competence to grant registration

1. The Ministry of Industry and Trade shall certify registrations of e-commerce service provision websites.

2. The Ministry of Industry and Trade shall specify requirements on the content of dossiers, order and procedures for registration, modification or supplementation of registration and deregistration of e-commerce service provision websites.

Article 59. Publication of registration information

1. Right after having their registrations certified, e-commerce service provision websites may post the “registered” icon on their homepages.

Clicking on this icon, users will be linked to the section of registration information of traders or organizations providing e-commerce services at the E-Commerce Management Portal.

2. The Ministry of Industry and Trade shall publicize the list of e-commerce service provision websites which have been registered or deregistered or have their registrations invalidated on the E-Commerce Management Portal and in other mass media.

Section 3. RATING, SUPERVISION AND CERTIFICATION IN E-COMMERCE

Article 60. General principles

1. Traders and organizations that conduct credit rating of e-commerce websites shall register with the Ministry of Industry and Trade.

2. Traders and organizations that conduct the following activities must be licensed by the Ministry of Industry and Trade:

a/ Rating and certification of personal information protection policy of traders, organizations or individuals involved in e-commerce;

b/ Certification of e-contracts.

Article 61. Credit rating of e-commerce websites

1. Conditions for conducting credit rating of e-commerce websites:

a/ Being a trader or an organization established under Vietnamese law and having relevant functions and tasks;

b/ Being organizationally and financially independent from traders, organizations or individuals owning e-commerce websites to be rated;

c/ Having a set of criteria and process for rating e-commerce websites which are publicly and transparently announced and uniformly applicable to to-be-rated subjects;

d/ Having registered the operation of credit rating of e-commerce websites with the Ministry of Industry and Trade and having its registration certified.

2. A trader or an organization that conducts credit rating of e-commerce websites is deregistered in the following cases:

a/ It commits a fraud or provides untruthful information making registration;

b/ It fails to strictly observe the publicly announced credit rating process and criteria;

c/ It takes advantage of credit rating for earning illicit profits.

3. The Ministry of Industry and Trade shall specify the operation of credit rating of e-commerce websites, the content of dossiers, order and procedures for registration, registration modification, supplementation or invalidation, and deregistration of traders and organizations engaged in this operation.

4. Obligations of traders and organizations conducting credit rating of e- commerce websites:

a/ To supervise operations of e-commerce websites having the credit icon;

b/ To closely coordinate with state management agencies in inspecting, examining and handling e-commerce websites having the credit icon which show signs of law violation;

c/ Before the 5th day every month, to report to the Ministry of Industry and Trade on the updated list of e-commerce websites having the credit icon by the end of the preceding month;

d/ Before the 15th day of January every year, to report to the Ministry of Industry and Trade on the operation of credit rating of e-commerce websites in the preceding year.

Article 62. Rating and certification of personal information protection policy in e-commerce

1. Conditions for licensing a trader or an organization to conduct rating and certification of personal information protection policy in e-commerce:

a/ Being a trader or an organization established under the Vietnamese law;

b/ Having a business registration or an establishment decision clearly stating the operation is rating and certification of personal information protection policy in e-commerce;

c/ Being organizationally and financially independent from traders, organizations or individuals that have their personal information protection policy rated and certified;

d/ Having a detailed operation plan already appraised by the Ministry of Industry and Trade;

dd/ Having criteria and process for rating personal information protection policy compliant with regulations of the Ministry of Industry and Trade.

2. A license for rating and certification of personal information protection policy in e-commerce has a validity duration proposed in the license application.

3. A trader or an organization that has its license for rating and certification of personal information protection policy revoked in the following cases:

a/ It commits a fraud or provides untruthful information in order to obtain the license;

b/ It violates the rating process and criteria already appraised by the Ministry

of Industry and Trade;

c/ It takes advantage of the rating and certification of personal information protection policy for earning illicit profits;

d/ It fails to provide services after 180 (one hundred and eighty) days from the date of licensing.

4. Obligations of traders and organizations conducting rating and certification of personal information protection policy in e-commerce:

a/ To supervise the observance by traders and organizations with certified personal information protection policy;

b/ To closely coordinate with state management agencies in inspecting, examining and handling traders and organizations that have had their personal information protection policy certified but show signs of law violation;

c/ Before the 15th of January every year, to report to the Ministry of Industry and Trade on results of rating and certification of personal information protection policy in e-commerce in the preceding year.

5. The Ministry of Industry and Trade shall specify criteria and process for rating and certification of personal information protection policy, and the order and procedures for the grant, modification, supplementation or revocation of operation licenses of organizations conducting rating and certification of personal information protection policy.

6. Accreditation of foreign organizations conducting rating and certification of personal information protection policy:

a/ Certification of personal information protection policy in e-commerce granted by a foreign organization conducting rating and certification of personal information protection policy is accredited when such organization is granted an accreditation certificate by the Ministry of Industry and Trade;

b/ A foreign organization conducting rating and certification of personal information protection policy is granted an accreditation certificate when satisfying the following conditions:

- It has been licensed or certified by a competent agency of its country to be eligible to conduct this operation;

- It has been accredited by an international organization of which Vietnam is a member;

- Its standards for credit and certification of personal information protection policy are not lower than those set out by the Ministry of Industry and Trade;

- It commits to fulfilling the obligations prescribed in Clause 4 of this Article.

c/ The Ministry of Industry and Trade shall specify the order and procedures for the grant and revocation of certificates of accreditation of foreign organizations conducting rating and certification of personal information protection policy.

Article 63. Certification of e-contracts

1. Conditions for licensing a trader or an organization to provide the service of certification of e-contracts:

a/ Requirements on the entity:

- Being a trader or an organization established under Vietnamese law and having relevant functions and tasks;

- Having a detailed plan on service provision already appraised by the Ministry of Industry and Trade.

b/ Financial and technical requirements:

The Ministry of Industry and Trade shall specify financial and technical requirements for traders and organizations providing the service of certification of e-contracts.

2. The operation license of a trader or an organization providing the service of certification of e-contracts has a validity duration proposed in the license application.

3. Obligations of traders and organizations providing the service of certification of e-contracts:

a/ To take responsibility for the confidentiality and integrity of e-documents which they store and certify;

b/ To provide documents to and assist state management agencies in investigating law violations related to e-documents which they store and certify;

c/ Before the 15th of January every year, to report to the Ministry of Industry and Trade on the provision of the service of certification of e-contracts in the preceding year.

4. The Ministry of Industry and Trade shall detail procedures for establishment and operation regulations of traders and organizations providing the service of certification of e-contracts; cases subject to revocation of operation licenses; and order and procedures for the grant, modification, supplementation or revocation of operation licenses of these traders and organizations.

Section 4. THE E-COMMERCE MANAGEMENT PORTAL

Article 64. Functions of the E-Commerce Management Portal

1. The Ministry of Industry and Trade shall set up, update and maintain the E-Commerce Management Portal.

2. The E-Commerce Management Portal has the following functions:

a/ To provide online public services regarding the procedures for notifying the set-up of sales e-commerce websites prescribed in Section 1 of this Chapter.

b/ To provide online public services regarding the procedures for registering e-commerce service provision websites prescribed in Section 2 of this Chapter.

c/ To provide information guiding the procedural process and forms for registration and application for licensing of services of supervision, rating and certification in e-commerce as prescribed in Section 3 of this Chapter.

d/ To publicize information specified in Articles 65, 66 and 67 of this Decree.

Article 65. Lists of e-commerce websites for which the notification and registration procedures have been carried out

1. The Ministry of Industry and Trade shall publicize on the E-Commerce Management Portal the following lists:

a/ List of sales e-commerce websites which have been notified as prescribed in Section 1 of this Chapter;

b/ List of e-commerce service provision websites which have been registered as prescribed in Section 2 of this Chapter.

2. The publicized lists specified in Clause 1 of this Article must include the following information:

a/ Names of e-commerce websites and website types as notified to or registered with the Ministry of Industry and Trade;

b/ Names and contract information of traders, organizations or individuals that own e-commerce websites;

c/ Numbers of business registrations of traders, numbers of establishment decisions of organizations or personal tax identification numbers of individuals owning e-commerce websites.

Article 66. List of traders and organizations conducting credit rating of e-commerce websites

1. The Ministry of Industry and Trade shall publicize on the E-Commerce Management Portal the list of traders and organizations providing the service of credit rating of registered e-commerce websites as prescribed in Section 3 of this Chapter.

2. The publicized list specified in Clause 1 of this Article must include the following information:

a/ Names of traders and organizations providing the service of credit rating of e-commerce websites;

b/ Numbers of business registrations of traders or numbers of establishment decisions of traders and organizations.

c/ Addresses of offices, telephone numbers and e-mail addresses of traders and organizations.

d/ List of e-commerce websites having the credit icon put on by traders and organizations.

Article 67. Lists of e-commerce websites subject to consumer caution alerts

1. The Ministry of Industry and Trade shall publicize on the E-Commerce Management Portal the following lists:

a/ List of e-commerce websites that have committed law violations;

b/ List of e-commerce websites that reportedly show signs of law violation.

2. The Ministry of Industry and Trade shall detail the mechanism of receipt and publication of reported information on e-commerce websites specified in Clause 1 of this Article.