Chương I Thông tư 47/2014/TT-BCT: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

1. This Circular regulates in detail and guides the implementation of some articles of the Government’s Decree No. 52/2013/NĐ-CP dated May 16, 2013 on e-commerce (hereinafter referred to as the Decree No. 52/2013/NĐ-CP) regulating business activities on e-commerce websites, sequence and procedures of notifying and registering e-commerce websites, e-commerce websites rating activities 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 selling goods on their own websites (hereinafter referred to as owners of online shopping websites).

2. Traders, organizations that own websites for providing e-commerce services (hereinafter referred to as owners of e-commerce service websites).

3. Sellers on e-commerce service websites.

4. Traders, organizations specialized in rating e-commerce websites

5. Organizations, individuals carrying out online reflection 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. Traders that own websites for the sale of goods and services 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 traders, organizations providing e-commerce services

1. Comply with the provisions set out in Article 36 of the Decree No.52/2013/NĐ-CP.

2. Request traders, organizations and individuals as sellers on e-commerce exchanges to provide the information as prescribed in Clauses 1, 2 and 3 of Article 29 of the Decree No.52/2013/NĐ-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 authentic reports on such information.  

5. Request sellers 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 traders, organizations and individuals for executing procedures for notifying and registering e-commerce websites.

1. Owners of online shopping websites should make notification to the Ministry of Industry and Trade according to the provisions set out in Section 1, Chapter II hereof.

2. Owners of e-commerce service websites must register with the Ministry of Industry and Trade according to the provisions set out in Section 2, Chapter II hereof.

3. Any owner of an online shopping website that is also an e-commerce website 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/NĐ-CP should register with The Ministry of Industry and Trade in the form of e-commerce exchanges.

2. Owners of social networks as defined in Clause 1 of this Article should be responsible for providing e-commerce exchange services 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/NĐ-CP.

Article 7. Websites of online promotion

Websites of online promotion as defined in Clause 10, Article 3 of the Decree No.52/2013/NĐ-CP include :

1. Websites as defined in Points a, b, Clause 2, Article 39 of the Decree No.52/2013/NĐ-CP include:

2. Websites doing promotion 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.