Chương III Thông tư 47/2014/TT-BCT: Thủ tục đăng ký hoạt động đánh giá tín nhiệm website thương mại điện tử

Chapter III

PROCEDURES FOR REGISTRATION FOR E-COMMERCE WEBSITE RATING

Article 21. Subjects for registration

Subjects for registration for e-commerce website rating are individuals, organizations that are established under Vietnamese Law and are one of the followings:

1. Trade promotion or enterprise support organizations

2. Media agencies, industry trade associations or consumer protection organizations.

3. Traders that already register for e-commerce service industry and have developed the operation to provide such services.

Article 22. Registration documents

1. Registration form for e-commerce website rating (according to Form TMĐT-2 in the Appendix enclosed herewith).

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

3. Plan for e-commerce website rating comprise at least:

a) Official name of e-commerce website rating program

b) Purpose of e-commerce website rating

c) Explanations of experience and qualification appropriate for website rating;

d) Scope of rating appropriate for scope of activity of traders and organizations;

dd) Time and frequency of rating

e) Subjects or types of e-commerce websites for rating;

g) Criteria for rating an e-commerce website including criteria for completion of notification or registration with the Ministry of Industry and Trade according to the provisions set out in the Decree No. 52/2013/NĐ-CP;

h) Process and manner of e-commerce website rating

i) Manner of organizing rating and selecting personnel to do the rating;

k) A designed "credit” sign shall be displayed on the rated e-commerce website;

l) Plan of surveillance of operation of the e-commerce websites displayed with a ‘credit’ sign.

m) Rights and obligations of the rating party and the party website of which is rated

Article 23. Process of registration

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

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

Step 1: Traders and organizations register for a user 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 including telephone number, facsimile and emails.

Step 2: Within a period of three working days, traders and organizations 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 for an account is rejected or supplements are required, traders and organizations should carry out registration again or supplement the information as requested.

Step 3: Traders and organizations shall log on, choose “registration for e-commerce website rating” feature, fill in the forms as instructed and attached with registration documents as prescribed in Article 22 hereof.

Step 4: Within a period of 15 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 and organizations are requested to continue Step 5;

- Notices that the documents are inadequate documents, 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 22 hereof.

3. Traders and organizations shall be responsible for following up the handling of the documents via emails or granted user 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 registration documents shall be terminated and registration should start again from the beginning.

Article 24. Confirmation of registration

1. Time limit for confirmation of registration: 07 working days since all eligible registration documents (hard copy) is sent by post to the Ministry of Industry and Trade (Department of E-commerce and Information Technology) according to the provisions set out in Clause 2, Article 23 hereof. In case the documents (hard copy) do not match the documents declared online, the Ministry of Industry and Trade shall make a written notice to traders and organizations via emails for completion of documents.

2. Upon confirmation of registration, the Ministry of Industry and Trade shall make a written notice of confirmation to traders and organizations via registered emails and at the same time enter names of such traders and organizations on the list of registered traders and organizations providing rating services on the e-commerce management portal.

3. After registration is confirmed, credit sign of traders, organizations rating e-commerce websites and a list of websites attached with this credit sign shall be publicized on the e-commerce management portal.

Article 25. Amending and supplementing registered information

1. Traders and organizations rating e-commerce websites should notify amendment and supplementation of registration information within 07 working days since one of the following changes take place:

a) Names of traders and organizations;

b) Representatives of traders, organizations; people responsible for e-commerce website rating;

c) Addresses of head offices or contact information;

d) Criteria and process of e-commerce website rating or other issues of the e-commerce website rating plan as stipulated in Clause 3, Article 22 hereof.

2. Notification of amendment and addition of information shall be done online via granted user accounts or by documents sent by post to the Ministry of Industry and Trade (Department of E-commerce and Information Technology), attached with papers and materials 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 of this Article, 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 accounts; in case no confirmation is made, reasons should be stated.

Article 26. Postponement of registration

1. The Ministry of Industry and Trade shall postpone registration to traders and organizations rating e-commerce websites in the following cases:

a) As proposed by such traders and organizations;

b) Traders and organizations stop activities of e-commerce website rating;

c) Traders and organizations that have registered operation of website rating with a regular and continuous frequency of rating but are not engaged in such activity.

d) Traders and individuals rating e-commerce websites do not perform their obligations according to the provisions set out in Clause 4, Article 61 of the Decree No. 52/2013/NĐ-CP and continue offences after being warned.

dd) Traders and individuals rating e-commerce websites are terminated do not perform their obligations according to the provisions set out in Clause 2, Article 61 of the Decree No. 52/2013/NĐ-CP and continue offences after being warned.

2. When stopping operation of e-commerce websites, traders and organizations rating e-commerce websites should make notification to the Ministry of Industry and Trade before 15 working days for postponement of registration. Such notification is done online via granted user accounts or by post to the Ministry of Industry and Trade (Department of E-commerce and Information Technology).

3. Upon postponement of registration, the Ministry of Industry and Trade shall withdraw names of traders and organizations from the list of registered e-commerce website traders and organizations and at the same time remove credit signs and the list of websites attached with this credit sign from the e-commerce management portal.

Section 27. Periodical reporting obligations of traders and organizations rating e-commerce websites.

1. Before fifth day of each month, traders and organizations should update on the e-commerce management portal the list of e-commerce websites attached with a credit sign up to the end of the preceding month.

2. Before January 15 annually, traders and organizations rating e-commerce websites should report performance of rating in the preceding year to the Ministry of Industry and Trade via user accounts of traders and organizations on the e-commerce management portal.

3. To serve the investigation and inspection carried out by regulatory agencies or to clarify reported information from organizations or individuals according to the provisions set out in Article 31 hereof, traders and organizations rating e-commerce websites shall report and provide information about the websites attached with credit signs at the request of the Ministry of Industry and Trade.