Chương II Thông tư 47/2014/TT-BCT: Thủ tục thông báo, đăng ký website thương mại điện tử

Chapter II

PROCEDURES FOR NOTIFYING AND REGISTERING E-COMMERCE WEBSITES

Section 1. NOTIFYING ONLINE SHOPPING WEBSITES

Article 8. Entities to notify online shopping websites

Entities to notify online shopping websites comprise:

1. Traders.

2. Organizations whose functions and duties include selling of goods and services, or other e-commerce activities.

3. Individuals who are granted personal tax identification numbers and are not required to apply for business registration according to the provisions of the law on business registration.

Article 9. Notification process

1. Notifications of online shopping websites shall be received and processed online by the Ministry of Industry and Trade on the e-commerce management portal at www.online.gov.vn.

2. Every owner of online shopping websites shall access to the e-commerce management portal and execute the following steps:

Step 1: The website owner shall register for access to the system by providing the following information:

- The website owner’s name;

- Business registration No. of traders or Establishment decision No. of organizations, or personnel tax codes of individuals;

- Business lines;

- Addresses of traders and organizations' head offices or permanent addresses of individuals;

- Contact information

Step 2: Within three working days, traders, organizations or individuals shall receive results from the Ministry of Industry and Trade via registered emails regarding one of the following subject matters:

- If registration information for an account is adequate, traders, organizations and individuals shall be granted an account and proceed Step 3:

- If registration is rejected or additional information is required, traders, organizations and individuals should carry out the registration again or provide additional information as requested.

Step 3: After being granted an account for access to the system, traders, organizations and individuals shall carry out logging on, select online shopping website registration and fill in the forms as instructed.

Step 4: Within a period of three working days, traders, organizations or individuals shall receive responses from the Ministry of Industry and Trade via registered emails regarding one of the following subject matters:

- Confirmations that the declared information is adequate and eligible;

- Notification that the declared information is inadequate or invalid; In this case, traders, organizations and individuals should return to Step 3 for declaration again or providing additional information as requested.

3. Traders, organizations and individuals shall be responsible for following up the handling of the documents via emails or granted account to carry out updating and revising the information as requested.

4. Within a period of 10 working days since receipt of request for additional information in Step 4 as prescribed in Clause 2 of this Article, if traders, organizations and individuals receive no responses, the documents shall be terminated and notification shall resume from Step 3.

Article 10. Confirmations of notification

1. Time limit for confirmation of notification is three working days since receipt of adequate and valid notification documents sent by traders, organizations and individuals.

2. Upon confirmation of notification, the Ministry of Industry and Trade shall send to traders, organizations and individuals via a registered email a code segment for insertion into the online shopping website and displayed onscreen as a “notified” sign. Upon choosing this sign, users shall be led to respective notification information about traders, organizations and individuals on e-commerce management portal.

Article 11. Changing, terminating notified information

1. In case there is a change to the information as defined in Clause 2, Article 53 of the Decree 52/2013/NĐ-CP or the notified website is suspended, the website owner shall make a written notice to the Ministry of Industry and Trade within 07 working days since such change or suspension of the website takes place.

2. Change or postponement of the notified information about the online shopping website shall be done online via the account to access the system granted to traders, organizations and individuals when carrying out the notification according to the provisions set out in Article 9 hereof.

3. Time limit for confirmation of change and postponement of notification is three working days since receipt of adequate and accurate notification sent to the Ministry of Industry and Trade by traders, organizations and individuals according to the provisions set out in Clause 2 hereof.

Article 12. Regular updating of notification

1. Once a year since the receipt of confirmation of notification, traders, organizations and individuals are responsible for updating notification by accessing the e-commerce management portal and filling in the forms as instructed.

2. Within 10 working days since the obligations to update information are performed, if traders, organizations and individuals fail to do the updating, the Ministry of Industry and Trade shall issue a written warning via an account registered by traders, organizations and individuals on the e-commerce websites. Within 15 working days since dispatch of the written warning, if any trader, organization or individual fails to give responses, the Ministry of Industry and Trade shall postpone the notification information on the e-commerce management portal.

Section 2. REGISTRATION FOR E-COMMERCE SERVICE WEBSITES

Article 13. Registrants

Registrants mean traders or organizations operating in trade promotion or enterprise support, having e-commerce websites providing at least one of the following services:

1. E-commerce exchange services

2. Online promotion services

3. Online auction services

Article 14. Registration documents

1. Registration form for e-commerce service websites (according to Form TMĐT-1 in the Appendix enclosed herewith).

2. An authenticated copy of Establishment Decision (for organizations), Certificate of Enterprise Registration or Investment Certificate (for traders)

3. Plans to provide services according to the provisions set out in Clause 3, Article 54 of the Decree No.52/2013/NĐ-CP.

4. Statute of management of e-commerce service websites comprises:

a) Subject matters as set out in Article 38 of the Decree No.52/2013/NĐ-CP;

b) Method and time limit for handling violations of the e-commerce service websites upon detection.  

5. Forms of service contract or cooperation agreement between traders and organizations that are in possession of e-commerce service websites and traders, organizations and individuals who take part in the buying and selling of goods and services on such websites.

6. General trading conditions applied to the buying and selling of goods and services on the website (if any)

Article 15. Process of registration

1. Receipt and handling of the registration documents for e-commerce service websites shall be done online by the Ministry of Industry and Trade on the e-commerce management portal.

2. To declare information, traders and individuals should access the e-commerce management portal and do the following steps:

Step 1: Traders and organizations register for the account to access the system by providing the following information:

- Names of traders and organizations;

- Business registration No. of traders or Establishment decision No. of organizations;

- Areas of business;

- Addresses of traders and organizations' head offices;

- Contact information

Step 2: Within three working days, traders, organizations or individuals shall receive results from the Ministry of Industry and Trade via registered emails regarding one of the following subject matters:

- If registration information for an account is adequate, traders and organizations shall be granted an account and continue Step 3:

- If the registration is rejected or supplements are required, traders and organizations should carry out registration again or supplement the information as requested.

Step 3: After being granted an account for access to the system, traders and organizations shall carry out logging on, choose a feature “registration for e-commerce service websites, fill in the forms as instructed and enclose registration documents according to the provisions set out in Article 14 hereof .

Step 4: Within a period of seven working days, traders and organizations shall receive responses from the Ministry of Industry and Trade via registered emails regarding one of the following subject matters:

- Confirmations that the documents are adequate and eligible and traders; requests for traders and organizations to do Step 5;

- Notice the documents are inadequate or requests for supplements. In this case, traders and organizations should return to Step 3 for declaration again or supplementing the information as requested.

Step 5: After receipt of the notice confirming adequacy and eligibility of the documents, traders and organizations shall send to the Ministry of Industry and Trade (Department of E-commerce and Information Technology) a complete registration dossier (hard copy) according to the provisions set out in Article 14 hereof.

3. Traders and organizations shall be responsible for following up the handling of the documents via emails or granted accounts to carry out updating and revising the information as requested.

4. Within a period of 30 working days since receipt of request for supplements of information in Step 4 as prescribed in Clause 2 of this Article, if traders and organizations receive no responses, the documents shall be terminated and registration should start again from the beginning.

Article 16. Confirmation of registration

1. Time limit for confirmation of registration: 05 working days since receipt of full and eligible registration documents (hard copy) sent directly or by post to the Ministry of Industry and Trade (Department of E-commerce and Information Technology) when the procedures of registration are completed according to the provisions set out in Clause 2, Article 15 hereof. In case the documents (hard copy) do not match the information declared online via the user account, the Ministry of Industry and Trade shall make a written notice to traders and organizations via registered emails for completion of the documents.

2. Upon confirmation of the documents, the Ministry of Industry and Trade shall send to traders and organizations via registered emails a code segment for insertion into the e-commerce service websites and displayed on-screen as a "registered" sign. Upon choosing this sign, users shall be led to respective registration information about traders and organizations on e-commerce management portal.

Article 17. Amending and supplementing registered information

1. In case there is a change to the registered information concerning the websites providing e-commerce services according to the provisions set out in Clause 1, Article 56 of the Decree No. 52/2013/NĐ-CP, traders and organizations should make a written notice to the Ministry of Industry and Trade within seven working days since such change takes place.

2. The notification is done online via granted user account or sent by post to the Ministry of Industry and Trade (Department of E-commerce and Information Technology), enclosed with papers and documents proving such change (if any).

3. Within seven working days since receipt of adequate and accurate notification from traders and organizations according to the provisions set out in Clause 2 hereof, the Ministry of Industry and Trade shall carry out confirmation of the amended and supplemented information and send it back to traders and organizations via granted user account; in case no confirmation is made, reasons shall be stated.

Article 18. Postponement of registration

1. The Ministry of Industry and Trade has the right to terminate registration for e-commerce service websites according to the provisions set out in Clause 3, Article 56 of the Decree No.52/2013/NĐ-CP.

2. Traders and organizations should make a written notice to the Ministry of Industry and Trade before seven working days upon suspension or transfer of e-commerce websites for the postponement of registration. Such notification is done online via granted user account or sent by post to the Ministry of Industry and Trade (Department of E-commerce and Information Technology).

3. Traders and organizations’ e-commerce service websites shall be terminated in the following cases:

a) Undertake prohibited acts in e-commerce activity according to the provisions set out in Article 4 of the Decree No.52/2013/NĐ-CP;

b) Fail to perform reporting obligations according to the provisions set out in Article 57 of the Decree No. 52/2013/NĐ-CP and continue to commit violations after being warned.

c) Be suspended from e-commerce activities according to decisions made by competent authorities;

d) Fail to perform obligations as defined in Article 4 hereof and continue to commit violations after being warned.

4. Information about terminated e-commerce service websites shall be publicized on e-commerce management portal.

Section 19. Repeat registration for e-commerce service websites

1. Upon receipt of transfer of e-commerce service websites, traders and organizations should register again according to the provisions set out in Article 5 hereof.

2. Time limit for registration to traders and organizations is not permitted to exceed 30 days since the receipt of such transfer.

3. E-commerce service websites with registration being terminated and subject to the provisions set out in Points a, c, d, Clause 3 of Article 18 hereof shall be allowed to carry out the registration again if meeting the following conditions:

a) Have overcome breaches resulting in the postponement of registration or the time limit for suspension of e-commerce operation according to the decisions made by competent agencies is expired;

b) Have met conditions for owning e-commerce service websites according to the provisions set out in Article 54 of the Decree No.52/2013/NĐ-CP.

Section 20. Periodical reporting obligations of traders and organizations with e-commerce service websites being already registered.

1. Before January 15 annually, traders and organizations building e-commerce service websites should report statistical figures of the preceding year’s performance to the Ministry of Industry and Trade.

2. Reporting shall be done online on the e-commerce management portal via user accounts of traders and organizations or via written communication by post.

3. To serve the investigation and inspection carried out by regulatory agencies or to clarify reflections from organizations or individuals according to the provisions set out in Article 32 hereof, traders and organizations building e-commerce service websites should explain and provide information concerning activities of their websites as requested by the Ministry of Industry and Trade.