Chương 4: Thông tư 12/2013/TT-BCT Công bố thông tin trên cổng thông tin quản lý hoạt động thương mại điện tử

Chapter 4.

INFORMATION DISCLOSURE ON THE PORTAL FOR E-COMMERCE OPERATION MANAGEMENT

Article 21. Disclosure of list of e-commerce websites that have implemented procedures for notification and registration

1. As soon as e-commerce websites finished procedures for notification or registration according to provisions in this Circular and received confirmation of the Ministry of Industry and Trade, information about websites will be brought into list of e-commerce websites already notified or registered so as to announce publicly on the portal for e-commerce operation management.

2. The announced information includes information specified in clause 2 Article 65 of the Decree No. 52/2013/ND-CP.

3. When a website providing e-commerce services is terminated or cancelled registration, information about this website will be drawn from this list and switched to the status of website having terminated for registration or moved to the list of websites violated regulations of law as prescribed in Article 23 of this Circular.

Article 22. Disclosure of list of traders and organizations rating credit of e-commerce websites that have performed the register procedures 

1. As soon as traders and organizations operating in rating credit of e-commerce websites finished procedures for registration according to provisions in this Circular and received confirmation of the Ministry of Industry and Trade, information about traders and organizations will be brought into list of traders and organizations rating credit of e-commerce websites already registered so as to announce publicly on the portal for e-commerce operation management.

2. The announced information includes information specified in clause 2 Article 66 of the Decree No. 52/2013/ND-CP.

3. When being terminated or cancelled register, information about traders and organizations rating credit of e-commerce websites will be drawn from this list and switch to status of being terminated for registration or moved to list of traders and organizations violated regulations of law.

Article 23. Disclosure of list of e-commerce websites that violated regulations of law

1. The Ministry of Industry and Trade will announce on the portal for e-commerce operation management the list of e-commerce websites violated law as prescribed in Article 4 of the Decree No. 52/2013/ND-CP and regulations on handling of administrative violations in e-commerce.

2. The announced information includes:

a) Name of e-commerce websites;

b) Name and information of trader or organization possessing website;

c) Violations of traders, organizations and individuals. 

Article 24. Receipt of the reflected information and announcement of list of e-commerce websites that are reflected about having signals of violating law

1. The Ministry of Industry and Trade will receive reflection of organizations, individuals about the following acts on the e-commerce websites:

a) Violations on regulations related to the notification and registration for e-commerce websites;

b) Violations on regulations related to concluding contracts in e-commerce as prescribed in the Decree No. 52/2013/ND-CP;

c) Violations on regulations related to responsibility of the owner of e-commerce websites for goods sale or the suppliers of e-commerce service at the Decree No. 52/2013/ND-CP;

d) Violations on regulations related to protecting individual information and payment safety in e-commerce at the Decree No. 52/2013/ND-CP;

e) Other violations specified in Article 4 of the Decree No. 52/2013/ND-CP.

2. Organizations and individuals may reflect in online manner on the Portal for e-commerce operation management at www.online.gov.vn. When reflecting, organizations and individuals must supply the following information minimally:

a) Full name, number of ID card, residence address, number of telephone and email of the reflecting person;

b) Address of e-commerce websites that happening the reflected acts;

c) The reflected acts;

d) Summary of reflected content;

e) Documents, evidences proving acts of violations (if any).

3. Within 05 (five) working days, the reflecting organizations and individuals will receive answer of the Ministry of Industry and Trade through the provided email about one of following contents:

- Xác nhận thông tin phản ánh đầy đủ, hợp lệ và được tính vào số lượng phản ánh quy định tại điểm a khoản 4 Điều này;<}0{>Confirming that the reflected information is full and valid and counted in the number of reflection specified in point a clause 4 of this Article;

- Reporting that the reflected dossier is invalid or requesting for information supplementation.

4. The disclosure of reflected information applicable to an e-commerce website on the Portal of e-commerce operation management will be performed as follows:

a) E-commerce websites that have over 05 (five) reflection opinions from various organizations or individuals about one or many acts stated in clause 1 of this Article will be received a notice of the Ministry of Industry and Trade which request for explanation about comments mentioned above.

b) After 10 (ten) working days, from day of receiving request for explaination of the Ministry of Industry and Trade, if traders, organizations and individuals possessing e-commerce websites fail to reply or make explaination about reflection opinions, those websites will be put into list of e-commerce websites being reflected about having signals of violations and may be handled administrative violation as prescribed by law.