Chương IV Thông tư 47/2014/TT-BCT: Công bố thông tin trên cổng thông tin quản lý hoạt động thương mại điện tử

Chapter IV

PUBLISHING INFORMATION ON E-COMMERCE MANAGEMENT PORTAL.

Article 28. Publish a list of e-commerce websites already notified and registered

1. After the procedures of notification and registration for e-commerce websites are completed under this Circular and confirmed by the Ministry of Industry and Trade, information of such websites shall be entered on the list of notified or registered e-commerce websites for publication on the e-commerce management portal.

2. Information to be published include such information as defined in Clause 2, Article 65 of the Decree No.52/2013/NĐ-CP.

3. When an e-commerce service website is terminated or registration being postponed, information about such website shall be removed from the list and shifted to the mode of terminated websites or registration postponed, or entered on the list of websites in breach of the law according to the provisions set out in Article 30 hereof.

Section 29. Publishing a list of traders and organizations rating e-commerce websites with registration being fulfilled

1. After traders and organizations rating e-commerce websites complete registration procedures according to the provisions hereof and receive confirmations from the Ministry of Industry and Trade, information of such traders and organizations shall be entered on the list of registered traders and organizations engaging in e-commerce website rating for publication on the e-commerce management portal.

2. Information to be published include such information as defined in Clause 2, Article 66 of the Decree No.52/2013/NĐ-CP.

3. Upon termination or postponement of registration, information about traders and individuals rating e-commerce websites shall be withdrawn from such list and shifted to the mode of postponement of registration or entered on the list of traders and organizations in breach of the law.

Article 30. Publishing a list of e-commerce websites in breach of the law

1. The Ministry of Industry and Trade shall publish on the e-commerce management portal a list of e-commerce websites in breach of the law according to the provisions set out in Article 4 of the Decree 52/2013/NĐ-CP and the provisions on handling of administrative violations of e-commerce websites.

2. Information to be published includes:

a) Names of e-commerce websites;

b) Names and information of traders, organizations and individuals owning the websites;

c) Violations committed by traders, organizations and individuals;

Article 31. Receiving reported information and publishing a list of e-commerce websites with violations being reported

1. The Ministry of Industry and Trade shall receive reported information from organizations and individuals on the e-commerce management portal about the following acts:

a) Violate the provisions on notification and registration for e-commerce websites;

b) Violate the provisions on contracting in e-commerce as set out in the Decree 52/2013/NĐ-CP;

c) Violate the provisions on responsibilities of owners of online shopping websites or e-commerce service webistes as set out in the Decree No.52/2013/NĐ-CP.

d) Violate the provisions on personnel information protection and payment safety in e-commerce as set out in the Decree No.52/2013/NĐ-CP;

dd) Other violations as set out in Article 4 of the Decree No.52/2013/NĐ-CP.

2. Organizations and individuals making reports online on the e-commerce management portal should provide the following information:

a) Full name, ID No., residence address, telephone number and emails of persons that make comments;

b) Addresses of e-commerce websites where acts reported on take places;

c) Acts reported on;

d) Summary of reported information;

dd) Documents and evidence proving violations (if any)

3. Within a period of 5 working days, traders and individuals that make critical reports shall receive responses from the Ministry of Industry and Trade via granted emails regarding one of the following subject matters:

- Confirmations that reported information is adequate and eligible and included in the number of reports according to the provisions as set out in Point a, Clause 4 hereof;

- Notices that reported information is inadequate, or requests for supplements.

4. Publication of reported information about an e-commerce website on the e-commerce management portal shall be done as follows:

a) Any e-commerce website being reported more than 5 (five) times by different organizations and individuals on one or more acts as prescribed in Clause 1 of this Article shall receive written requests from the Ministry of Industry and Trade for the explanation of such reported information.

b) After 10 working days since receipt of such requests from the Ministry of Industry and Trade, if traders, organizations and individuals fail to respond or provide explanation of the reported information, their websites shall be included in the list of e-commerce websites being reported on and may incur penalties under the law.