Chapter 2.
PROCEDURES FOR NOTIFYING AND REGISTERING E-COMMERCE WEBSITES
SECTION 1. NOTIFICATION ON E-COMMERCE WEBSITES FOR GOODS SALE
Article 3. Subjects of notification on e-commerce websites for goods sale
Subjects of notification on e-commerce websites for goods sale inlude:
1. Traders.
2. Organizations of which functions and tasks included organization of goods sale, service provision or conducting e-commerce activities.
3. Individuals who have been granted individual income tax code.
Article 4. The process of notification
1. The receipt and handling of notification about e-commerce websites for goods sale are conducted in online manner by the Ministry of Industry and Trade through the Portal for e-commerce operation management at www.online.gov.vn.
2. Traders, organizations and individuals setting up e-commerce websites for goods sale may access in the Portal for e-commerce operation management and implement the following steps:
Step 1: Trader, organization or individual registers an account to log in system by providing the following information:
- Name of trader, organization or individual;
- Number of business registration of trader or number of the establishment decision of organization or personal income tax code of individual;
- Business/operation fields;
- Address of head office of trader, organization or permanent residence of individual;
- Contact information, including telephone, fax numbers and email.
Step 2: Within 03 (three) working days, the trader, organization or individual will receive result from the Ministry of Industry and Trade through the registered email about one of following contents:
- If information registering account is full, the trader, organization or individual will be issued an account to log in system and conduct the step 3;
- If registered account is refused or required for supplementation, the trader, organization or individual must re-register or supplement information as requested.
Step 3: After being issued account to log in system, trader, organization or individual may log in, select function of notification about e-commerce websites for goods sale and declare information under the form.
Step 4: Within 03 (three) working days, trader, organization or individual will receive feedback information from the Ministry of Industry and Trade through the registered email about one of following contents:
- Confirming that the declared information is full and valid;
- Reporting that the declared information is insufficient or invalid; In that case, trader, organization or individual must turn back step 3 for re-declaration or supplementing information as requested.
3. Trader, organization or individual are responsible for monitoring the status of handling dossier via email or account already issued for accessing in system so as to update and correct information as requested.
Article 5. Modification or termination of the notified information
1. In case where have change of one of information specified in clause 2 Article 53 of the Decree No. 52/2013/ND-CP or stop operation of e-commerce website for goods sale already notified, traders, organizations and individuals must notify the Ministry of Industry and Trade within 07 (seven) working days from time of changing information or stopping operation.
2. Modification or termination of the notified information about e-commerce websites for goods sale must be implement in online manner through the account already issued for accessing in system when traders, organizations and individuals conducting notification as prescribed in Article 4 of this Circular.
3. Confirmation duration for modification or termination of the notified information: 03 (three) working days after receiving full and exact notification sent by traders, organizations and individuals to the Ministry of Industry and Trade as prescribed in clause 2 of this Article.
SECTION 2. REGISTRATION FOR WEBSITES PROVIDING E-COMMERCE SERVICES
Article 6. Subjects of registration
Subjects of registration are traders or organizations operating in commerce promotion or enterprise support field, having e-commerce websites on which at least one of following services is supplied:
1. Service of e-commerce trading floor.
2. Online promotion service.
3. Online auction service.
Article 7. Dossiers of registration
1. Application for registering websites providing e-commerce services (made according to the Form TMDT-1 in the Annex promulgated together with this Circular).
2. Authenticated copies of the establishment decision (for organizations), certificate of Business registration, certificate of investment or license of investment (for traders).
3. Scheme on supplying services as prescribed in clause 3 Article 54 of the Decree No. 52/2013/ND-CP.
4. Regulation on operation management of websited supplying e-commerce service as prescribed in point d clause 2 Article 55 of the Decree No. 52/2013/ND-CP.
5. The model service contract or cooperation agreement between trader, organization possessing website supplying e-commerce services with traders, organizations and individuals participating in goods sale or service provision on that website.
6. General transaction conditions apply to goods sale and service provision on the website (if any).
Article 8. The process of registration
1. The receipt and handling of dossiers registering for websites providing the e-commerce services are conducted in online manner by the Ministry of Industry and Trade through the Portal for e-commerce operation management at www.online.gov.vn.
2. To declare dossier, traders and organizations access in the Portal for e-commerce operation management and implement the following steps:
Step 1: Trader or organization registers an account to log in system by providing the following information:
- Name of trader or organization;
- Number of business registration of trader or number of the establishment decision of organization;
- Business/operation fields;
- Address of head office of trader or organization;
- Contact information, including telephone, fax numbers and email.
Step 2: Within 03 (three) working days, trader or organization will receive result from the Ministry of Industry and Trade through the registered email about one of following contents:
- If information registering account is full, the trader or organization will be issued an account to log in system and conduct the step 3;
- If registered account is refused or required for supplementation, the trader or organization must re-register or supplement information as requested.
Step 3: After being issued account to log in system, trader or organization may log in, select function of registration for websites providing e-commerce services, declare information under the form and attach dossier of registration specified in Article 7 of this Circular.
Step 4: Within 07 (three) working days, trader or organization will receive feedback information from the Ministry of Industry and Trade through the registered email about one of following contents:
- Confirming that the register dossier is full and valid, and requesting trader or organization conducts the step 5;
- Reporting that the register dossier is invalid or requesting for information supplementation. In that case, trader or organization may turn back step 3 for re-declaration or supplementing information and dossier as requested.
Step 5: After receiving notice on confirming that dossier is full and valid, trader or organization will send a set of complete register dossier (made of paper) to the Ministry of Industry and Trade (Vietnam E-Commerce and Information Technology Agency) as prescribed in Article 7 of this Circular.
3. Traders and organizations are responsible for monitoring the status of handling dossier via email or account already issued for accessing in system so as to update and correct information as requested.
4. Within 30 (thirty) working days after receiving notice requesting for supplementation of information at step 4 as prescribed in clause 2 of this Article, if traders and organizations fail to reply, the register dossiers on the system will be locked and traders and organizations must conduct re-registration at the beginning
Article 9. Confirmation for registration
1. Duration of confirmation for registration: 05 (five) working days after receiving the full and valid register paper dossier that are sent directly or via post by traders or organizations to the Ministry of Industry and Trade (Vietnam E-Commerce and Information Technology Agency) upon completing the register process specified in clause 2 Article 8 of this Circular. In case where the sent paper dossier are not matched with documents and information which traders, organizations have declared in online manner through account accessing in system, the Ministry of Industry and Trade will notify through the email registered by trader or organization for completing dossier by trader or organization.
2. When confirming registration, the Ministry of Industry and Trade will send a code to trader or organization through the registered email so as to link on website providing e-commerce services and show as registration symbol. When selecting this symbol, users will be linked to the register information part of trader or organization set up website supplying e-commerce services at the Portal for e-commerce operation management.
Article 10. Amending and supplementing register information
1. In case where having change of one of information related to the website supplying e-commerce services already registered as specified in clause 1 Article 56 of the Decree No. 52/2013/ND-CP, traders and organizations must notify the Ministry of Industry and Trade within 07 (seven) working days from the date of information change.
2. Notification is performed by online manner through the account already issued for accessing in system or performed in writing sent directly or via post to the Ministry of Industry and Trade (Vietnam E-Commerce and Information Technology Agency), enclosed with copies of papers, documents proving the change (if any).
3. Within 07 (seven) working days after receiving full and exact notification sent by trader or organization as prescribed in clause 2 of this Article, the Ministry of Industry and Trade will consider confirmation or non-confirmation of the amending and supplementing information and give feedback to trader or organization through the account already issued for accessing in system; in case of non-confirmation, it must clearly state reason thereof.
Article 11. Cancellation or termination of registration
1. The Ministry of Industry and Trade will terminate registration for websites providing e-commerce services in the following cases:
a) At the request of trader or organization set up the website;
b) Trader or organization set up the website stops operation or transfers website to other trader or organization;
c) Website has no operation over 30 (thirty) days or when trader or organization fails to have feedback information as required by state management agencies;
d) Trader and organization providing e-commerce services has been cancelled registration as prescribed in clause 3 of this Article.
2. 07 (seven) working days before stopping operation of or transferring website, trader or organization set up the e-commerce website must notify the Ministry of Industry and Trade for register termination. This notification is performed by online manner through the account already issued for accessing in system when registering or performed in writing to sent directly or via post to the Ministry of Industry and Trade (Vietnam E-Commerce and Information Technology Agency).
3. The Ministry of Industry and Trade will cancell registration of websites providing e-commerce services of traders and organizations that have conducted the following acts:
a) Conducting acts prohibited in e-commerce operation as prescribed in Article 4 of the Decree No. 52/2013/ND-CP;
b) Failing to implement report obligation as prescribed at the Decree No. 52/2013/ND-CP and continue repeat such act after having been reminded;
c) Being cancelled registration under decision on handling violation of competent state agencies.
4. Information about websites providing the e-commerce services that have been cancelled will be announced on the Portal for e-commerce operation management.
Article 12. Re-register for websites providing e-commerce services
1. Trader or organization receives transfer of website providing e-commerce services must re-register according to the process specified in Article 8 of this Circular.
2. Duration for trader or organization to re-register will not exceed 30 (thirty) days after receiving transfer of website providing e-commerce services.
Article 13. The report obligation of traders and organizations registered websites providing e-commerce services
1. Before January 15 every year, traders and organizations set up websites providing e-commerce services must report statistical data about operation status of the previous year to the Ministry of Industry and Trade.
2. The reports will be performed in online manner through accounts of traders and organizations at the Portal for e-commerce operation management.
3. In order to serve for inspection and examination of state management agencies or to clarify information reflected by organizations, individuals as prescribed in Article 24 of this Circular, traders and organizations set up websites providing e-commerce services have obligation to make explanations and provide information about activities on their websites at the request of the Ministry of Industry and Trade.
Tìm kiếm
Thông tư 12/2013/TT-BCT (Bản Word)
Thông tư 12/2013/TT-BCT (Bản Pdf)