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MINISTRY
OF INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
14/VBHN-BCT
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Hanoi,
November 19, 2021
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DECREE
ON E-COMMERCE
The Government’s Decree No.
52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from July 01,
2013, is amended by:
1. The
Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 providing
amendments to certain Decrees related to business conditions under state
management of the Ministry of Industry and Trade, coming into force from
January 15, 2018;
2. The
Government’s Decree No. 85/2021/ND-CP dated September 25, 2021 providing
amendments to the Government’s Decree No.52/2013/ND-CP dated May 16, 2013 on
e-commerce, coming into force from January 01, 2022.
Pursuant to the Law on
Government Organization dated December 25, 2001;
Pursuant to the Civil Code dated
June 14, 2005;
Pursuant to the Law on Commerce
dated June 14, 2005;
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Pursuant to the Law on
Information Technology dated June 29, 2006;
Pursuant to the Competition Law
dated December 03, 2004;
Pursuant to the Law on Consumer
Protection dated November 17, 2010;
At the request of the Minister
of Industry and Trade;
The Government promulgates a
Decree on E-Commerce, [1]
Chapter I
GENERAL PROVISIONS
Article 1.
Scope[2]
1. This Decree deals with development,
application and management of e-commerce activities. E-commerce activities
shall be performed in accordance with regulations herein and relevant laws,
except the provisions in Clause 2 of this Article.
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Article 2. Regulated
entities
1. This Decree
applies to traders, organizations and individuals engaged in the e-commerce in
the territory of Vietnam, including:
a) Vietnamese traders,
organizations and individuals;
b) Foreigners residing in Vietnam;
c) [3]Foreign
traders and organizations that carry out e-commerce activities specified in
Section 5 Chapter IV of this Decree in Vietnam.
2.[4]
(abrogated)
Article 3.
Definitions
For the purposes of this Decree,
the terms below are construed as follows:
1. “e-commerce”
means the conduct of some or all commerce processes using electronic media
connected to the Internet, mobile telecommunications networks or other open
networks.
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3. “e-document”
means a contract, request, notice, certification or another document in the
form of data message provided by relevant parties and related to the conclusion
or execution of a contract.
E-documents referred to in this
Decree exclude bills of exchange, promissory notes, bills of lading, shipping
invoices, goods received notes/goods dispatch notes or any other transferable
documents which allow the holders or beneficiaries to have the right to receive
goods or services or be paid an amount of money.
4. “originator”
means a person by whom, or on whose behalf, the e-document purports to have been
created, generated or sent. The term does not include a person acting as
an intermediary with respect to that e-document.
5. “recipient”
means a person who is intended by the originator to receive the e-document. The
term does not include a person acting as an intermediary with respect to that
e-document.
6. “automatic
information system" means a system for generating, sending, receiving, or
responding to data messages without human intervention or check of each
performed action.
7. “business
location” means a fixed establishment used for carrying out business
activities, excluding temporary good or service establishments.
8. “e-commerce
website” means a website established to serve part or the whole of the process
of buying and selling goods or services, from displaying and introducing goods
or services to concluding contract, providing services, making payment and
providing after-sale services.
9. “e-commerce
trading floor” means an e-commerce website that allows traders, organizations
and individuals other than the website owner to conduct part or the whole of
the process of buying and selling goods or services on that website.
E-commerce trading floors referred
to in this Decree exclude online securities trading websites.
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11. “online
auction website” means an e-commerce website that provides solutions for
traders, organizations and individuals other than the website owner to auction
their goods on the website.
12. “online
ordering function” means a function set up on an e-commerce website or terminal
devices of customers and connected to an e-commerce website to permit customers
to begin the process of conclusion of contracts under the terms published on
that website, including conclusion of contracts with an automatic information
system.
13. “personal
information” means the information contributing to identifying a particular
individual, including his/her name, age, home address, phone number, medical
information, account number, information on personal payment transactions and
other information that the individual wishes to keep confidential.
The personal information referred
to in this Decree excludes work contact information and other information that
the individual himself/herself has published on the mass media.
14. “collection
of personal information” means the act of collecting personal information of
many consumers that are customers or potential customers of traders,
organizations and individuals engaged in e-commerce activities, for putting in
a database.
15. “e-contract
certification service” means a third party’s service of storing and ensuring
the integrity of e-documents created by the parties during the conclusion and
execution of contracts.
16.[5]
“e-commerce service” means an e-commerce activity whereby a trader or an
organization providing e-commerce service sets up an e-commerce website
offering environment for other traders, organizations and individuals to carry
out trade promotion, sell goods or supply services.
E-commerce service providers
exclude traders and organizations that only provide website design services and
do not directly engage in the business, operation or coordination of activities
on such websites.
Article 4.
Prohibited acts in e-commerce
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a) [6]
Taking advantage of e-commerce activities to organize multi-level marketing
without holding a valid certificate of multi-level marketing registration as
prescribed by the Law on management of multi-level marketing.
b) Taking advantage of e-commerce
to trade counterfeit goods or goods or services infringing upon intellectual
property rights, or those included in the list of goods and services banned
from business;
c) Taking advantage of the name of
e-commerce business to illegally mobilize capital from other traders,
organizations or individuals;
d) Providing e-commerce services or
monitoring, evaluation and certification services in e-commerce when these
services have not been registered [7]
in accordance with this Decree;
dd) Providing e-commerce services
or monitoring, evaluation and certification services in e-commerce inconsistent
with the information in the application for registration or licensing;
e) Committing fraudulent acts or
providing false information when following procedures for notification of the
setting up of an e-commerce website, registration of a website to provide
e-commerce services, registration[8]
of provision of monitoring, evaluation and certification services in
e-commerce.
2. Violations
of information on e-commerce websites:
a) Falsifying registration
information or failing to comply with regulations on the form and mode of
disclosure of registration information on e-commerce websites;
b) Using the logos of credit rating
programs of e-commerce websites when having not been recognized by these
programs;
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d) Using a link to provide
conflicting or misleading information compared with the information disclosed
in the area where the website is connected with this link.
3. Violations
of transactions on e-commerce websites:
a) Performing acts of deceiving
consumers on e-commerce websites;
b) Falsifying information of
traders, organizations or individuals in order to participate in e-commerce
activities;
c) Intervening in the operation
system and Internet browser in electronic equipment accessible to websites in
order to force customers to stay on the websites against their will.
4. Other
violations:
a) Stealing, using, revealing,
transferring or selling information relating to business secrets of other
traders, organizations or individuals or personal information of consumers in
e-commerce without the consent of the parties concerned, unless otherwise
prescribed by law;
b) Faking or copying the interfaces
of e-commerce websites of other traders, organizations or individuals to make
profit or to cause confusion or customer distrust in such traders,
organizations or individuals.
Article 5.
State management of e-commerce
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2. Promulgate
and organize the implementation of legislative documents on e-commerce
activities, standards of and regulations on e-commerce applications, and
regulations on management of specific e-commerce services.
3. Manage and
supervise e-commerce activities.
4. Disseminate
and educate about the law on e-commerce.
5. Organize
technology research, application and transfer in e-commerce.
6. Organize
activities of advising and supporting enterprises to deploy and apply
e-commerce.
7. Organize
training and retraining of human resources for e-commerce.
8. Perform
e-commerce statistics.
9. Perform
international cooperation in the field of e-commerce.
10. Carry out
inspection, settle complaints and denunciations, and take actions against violations
in the field of e-commerce.
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1. The
Ministry of Industry and Trade shall assume responsibility before the
Government for performing the state management of e-commerce.
2. Ministries,
ministerial agencies and provincial People’s Committees shall, within the ambit
of their assigned tasks and powers, cooperate with the Ministry of Industry and
Trade in performing state management of e-commerce.
Article 7.
National e-commerce development program
1. The State
shall adopt appropriate policies and measures to promote the transparent and
sustainable development of e-commerce through the national e-commerce
development program.
2. The
national e-commerce development program includes the following contents:
a) Building and developing
e-commerce infrastructure;
b) Carrying out information
dissemination to raise awareness of e-commerce;
c) Training and developing human
resources for e-commerce;
d) Developing products and
solutions of e-commerce;
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e) Performing international
cooperation on e-commerce;
g) Building management capacity and
organizing activities of e-commerce development;
h) Other contents.
3. The Prime
Minister shall stipulate participants, scope of application, management
mechanisms and provision of financial assistance for the national e-commerce
development program.
Article 8.
E-commerce statistics
1. Provincial
People's Committees shall collect statistical data on application of e-commerce
in their provinces or cities, and make annual reports to the Ministry of
Industry and Trade for consolidation.
2. Traders and
organizations providing e-commerce services shall periodically report on their
service provision to serve the making of e- commerce statistics.
3. The
Minister of Industry and Trade shall promulgate detailed regulations on
statistical reporting for traders and organizations providing e-commerce
services and local governments of areas where e-commerce enterprises are
located.
Chapter II
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Section 1.
E-DOCUMENTS USED IN COMMERCIAL TRANSACTIONS
Article 9.
Legal validity as original documents
1. E-documents
in commercial transactions are legally valid as original documents if fully
meeting the following two conditions:
a) There is a reliable assurance of
the integrity of information contained in e-documents from the time the
information is first generated in the form of e-document;
b) Information contained in the
e-document must be accessible and usable in its complete form when necessary.
2. The
integrity of information is considered ensured if the information is adequate
and is not yet changed, except changes in its form which occur during the exchange,
storage or display of the e-document.
3. The
reliable assurance is considered ensured if one of the following measures
is applied on the basis of agreement between the parties exchanging and using
the e-document:
a) Signing the e-document with the
digital signature granted by a lawful digital signature certification service
provider;
b) Storing the e-document in the
system of a licensed e-contract certification service provider[10]
that the parties have agreed to select;
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d) Other measures as agreed upon by
the parties.
Article 10.
Time and places of sending and receiving e-documents
1. The time of
sending an e-document is the time that e-document leaves the information system
under the control of the originator or his/her representative. In case
the e-document does not leave the information system under the control of the
originator or his/her representative, the sending time is the time of receiving
the e-document.
2. Unless
otherwise agreed by the parties, the time of receiving an e-document is the
time that e-document reaches the accessible e-address indicated by the
recipient.
3. The
business location of the originator is regarded as the place of sending
e-documents and the business location of the recipient is regarded as the place
of receiving e-documents.
Article 11.
Business locations of parties
1. The
business location of each party is the place indicated by that party, unless
the other party states that it has no business location at this place.
2. If one
party has more than one business location but does not indicate any business
location, the business location is the one having the closest relationship with
the related contract and in light all circumstances before and at the time of
conclusion of the contract.
3. For an
individual having no business location, the business location is the registered
place of permanent residence of that individual.
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5. A place
name associated with the domain name or e-mail address of a party is not
necessarily related to the business location of such party.
Article 12.
Notice of proposal for conclusion of contract without a specific recipient
A notice by e-document of the
proposal for conclusion of contract without a specific recipient is only a
notice of offer for conclusion of contract. That notice is not regarded
as a proposal for conclusion of contract, unless the notifying party specifies
in the notice its responsibilities in case of receiving an acceptance reply.
Article 13.
Use of automatic information system
A contract that is concluded from
the interaction between an automatic information system with a person or
between automatic information systems cannot be denied its legal validity on
the ground of no human check or intervention in each specific action performed
by the automatic information system or in the conclusion of the contract.
Article 14.
Information entry errors in e-documents
1. When a person
makes an error in information entry in an e-document used for communication
with the automatic information system of another party but this automatic
information system does not support that person to correct the error, that
person or the trader, organization or individual that person represents may
withdraw the erroneous part of the e-document if meeting the two following
conditions:
a) As soon as being aware of the
error, that person or the trader, organization or individual that person
represents notifies the other party of the error, clearly stating that he/she
has made an error in this e-document;
b) That person or the trader,
organization or individual that person represents has not used, or has not
obtained any material benefit or value from, the goods or services received
from the other party.
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Section 2.
CONCLUSION OF CONTRACTS USING ONLINE ORDERING FUNCTION ON E-COMMERCE WEBSITES
Article 15.
Notice of proposal for conclusion of contract
If an e-commerce website has the
online ordering function applicable to each specific good or service introduced
on that website, the introductory information about goods and services and
relevant terms are regarded as a notice of proposal for conclusion of contract
of the traders, organizations and individuals selling goods as prescribed in
Article 12 of this Decree.
Article 16. Provision
of terms of contract when using online ordering function on e-commerce websites
E-commerce websites with the online
ordering function shall provide customers with information about the terms of
contract specified in Articles 30 through 34 of this Decree before the time the
customers send their proposals for conclusion of contract.
Article 17.
Proposal for conclusion of contract
E-documents generated by customers
and sent by using the online ordering function are regarded as their proposals
for conclusion of contract for the goods or services associated with that
online ordering function.
Article 18.
Review and confirmation of contract contents
E-commerce websites must have a
mechanism that permits customers to review, supplement, modify and confirm the
transaction contents before using the online ordering function to send
proposals for conclusion of contract. This mechanism of review and
confirmation must meet the following conditions:
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a) Name of goods or services,
quantity and type;
b) Method and time of delivery of
goods or provision of services;
c) Total value of the contract and
the details related to the payment method selected by the customer.
Such information must be capable of
being stored and printed on the information system of customers and being
displayed later.
2. Displaying
to customers information about the way of responding to the proposal for
conclusion of contract and time limit for responding to the proposal for
conclusion of contract.
3. Permitting
customers to cancel transactions or confirm the proposal for conclusion of
contract after reviewing the above information.
Article 19.
Response to proposal for conclusion of contract
1. Response to
accept or reject the proposal for conclusion of contract must be done in
appropriate forms so that the information can be stored, printed and displayed
in the customer’s information system.
2. Upon
responding to accept the proposal for conclusion of contract, the trader,
organization or individual selling goods shall provide customers with the
following information:
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b) Time of delivery of goods or
provision of services;
c) Contact information for
customers to inquire about the status of contract performance when necessary.
Article 20.
Termination of proposal for conclusion of contract
1. In case the
trader, organization or individual selling goods has announced a time limit for
response to proposals for conclusion of contract, if this time limit expires
without any response to the customer, the customer’s proposal for conclusion of
contract is regarded as no longer valid. The response of acceptance after
this time limit is regarded as another proposal for conclusion of contract from
the trader, organization or individual selling goods.
2. In case the
trader, organization or individual selling goods does not announce any time
limit for response to proposals for conclusion of contract, if within 12
(twelve) hours from the time of sending a proposal for conclusion of contract,
the customer receives no response to his/her proposal, this proposal is
regarded as no longer valid.
Article 21.
Time of conclusion of contract when using online ordering function on
e-commerce websites
The time of conclusion of contract
when the online ordering function on e-commerce websites is used is the time
the customer receives the response from the trader, organization or individual
selling goods to accept the proposal for conclusion of contract as prescribed
in Clause 2 Article 19 of this Decree.
Article 22.
Procedures for termination of contracts on e-commerce services and other online
services
1. Websites
providing e-commerce services and websites providing other online services
shall provide online tools for customers to send notices of contract
termination when they no longer need to use services. This tool must
satisfy the following conditions:
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b) Having a feedback mechanism so
that customers know that their notices of contract termination have been sent.
2. Websites
providing e-commerce services and websites providing other online services
shall transparently and completely disclose information on the process and
procedures for contract termination, including the following contents:
a) Cases in which the trader,
organization or individual provides the contract termination service and the
mode of dealing with consequences of this contract termination;
b) The time of termination of
contract validity and the method of paying service charges in case the customer
terminates the contract;
c) If the website does not announce
the time of termination of contract validity in case the customer terminates
the contract, the time when the customer sends the notice is regarded as the
time of contract termination.
Article 23.
Conclusion of contracts on goods purchase e-commerce websites
The Ministry of Industry and Trade
shall provide in detail the process of online conclusion of contracts on
e-commerce websites developed by traders, organizations or individuals to
purchase goods and services.
Chapter III
E-COMMERCE ACTIVITIES
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The subjects involved in e-commerce
activities include:
1.[11]
Traders, organizations or individuals that set up e-commerce websites to serve
their commercial promotion, sale of goods or supply of services (owners of
sales e-commerce websites).
2.[12]
E-commerce service providers.
3. Traders,
organizations or individuals that use websites of e-commerce service providers
to serve their commercial promotion, sale of goods or service provision
(sellers).
4. Traders,
organizations or individuals that purchase goods or services on sales
e-commerce websites and e-commerce service provision websites (customers).
5.[13]
Traders and organizations providing technical infrastructure, logistics and
other auxiliary services for e-commerce activities.
6. Traders,
organizations or individuals that use electronic equipment connected to other
networks for carrying out commercial activities.
Article 25.
Forms of organization of e-commerce activities
1.[14]
Sales e-commerce websites are e-commerce websites that are established by
traders, organizations or individuals to serve their commercial promotion, sale
of goods or supply of services.
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a) E-commerce trading floor;
b) Online auction website;
c) Online promotion website;
d) Other types of website as
stipulated by the Ministry of Industry and Trade.
3. With the
applications installed on electronic devices connected to the network that
allow users to access the databases of other traders, organizations and individuals
to purchase and sell goods, provide or use services, depending on the utilities
of these applications, traders or organizations shall comply with this Decree’s
provisions on sales e-commerce websites or e-commerce service provision
websites.
4. The Ministry
of Industry and Trade shall stipulate e-commerce activities conducted on the
mobile telecommunications network.
Article 26.
Principles of e-commerce activities
1. Principle
of free and voluntary agreement in e-commerce transactions
The parties to e-commerce
activities are free to reach agreement not contrary to the provisions of law to
establish the rights and obligations of each party in the transaction.
This agreement is a ground for the settlement of disputes arising in the
transaction process.
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If traders, organizations or
individuals conducting their activities of sales, service provision or
commercial promotion on e-commerce websites do not specify geographical limits
of these activities, these activities are regarded to be conducted on a
national scale.
3. Principles
of determination of the obligation to protect consumer interests in e-commerce
a) The owners of sales e-commerce
websites and the sellers on e-commerce service provision website shall comply
with the Law on Protection of Consumer Interests when providing the goods or
services to customers;
b) The customers on e-commerce
service provision websites are e-commerce service consumers and consumers of
goods and services provided by the sellers on these websites;
c) [15]
If the e-commerce service provider provides information about a seller’s goods
and/or services on its e-commerce website to consumers, it shall be considered
as a third party in providing information in accordance with regulations of the
Law on Protection of Consumer Interests.
4.[16]
Principles of trading in goods and provision of services restricted from
trading or subject to certain business conditions through e-commerce
E-commerce trading in goods or
provision of services restricted from trading or subject to certain business
conditions must comply with relevant regulations and laws.
5.[17]
Entities performing e-commerce activities shall also comply with regulations of
the Law on cyberinformation security, the Law on cybersecurity and relevant
laws.
Section 1.
ACTIVITIES OF SALE E-COMMERCE WEBSITES
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1.[18]
Notify the Ministry of Industry and Trade of the establishment of sales
e-commerce website as prescribed in Section 1 Chapter IV of this Decree if the
website has online ordering functions.
2. Fully
provide information on the website under the provisions of this Section and
take responsibility for the accuracy and adequacy of information.
3. Comply with
the provisions on the protection of customer personal information specified in
Section 1 Chapter V of this Decree.
4. Comply with
the provisions in Section 2 Chapter II of this Decree if the website has the
online ordering function.
5. Comply with
the provisions in Section 2 Chapter V of this Decree if the website has the
online payment function.
6. Provide
information about the situation of their business at the request of a competent
authority to serve the making of e-commerce statistics, inspection, examination
and handling of violations in e-commerce.
7.[19]
Retain information on transactions conducted on e-commerce websites in
accordance with regulations of the Law on accounting; fulfill tax obligations
as prescribed by laws.
Article 28.
Provision of information on sales e-commerce websites
1. Sales
e-commerce websites must fully provide information about the owners of the
websites, goods and services and terms of sales and purchase contracts
applicable to goods and services introduced on the websites as specified in
Articles 29 through 34 of this Decree.
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a) Being obvious, accurate,
searchable and understandable;
b) Being arranged in the
corresponding sections on the website and accessible online;
c) Being storable, printable and
displayable later;
d) Being displayed clearly to
customers before the time they send a proposal for conclusion of contract.
dd) [20]
Publishing on the homepage of the website links to the information specified in
Article 32, Article 33, Article 34 of this Decree if the website has online
ordering function.
Article 29.
Information about website owners
Traders, organizations or
individuals that own sales e-commerce websites shall publish the following
minimum information on the website homepage:
1. Name and
address of the head office of the trader or organization or name and address of
permanent residence of the individual.
2. Number,
date and place of issuance of the business registration certificate of the
trader or the number, date of issuance and issuer of the organization’s
establishment decision or individual’s personal tax identification number.
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Article 30.
Information about goods and services[22]
1. Sellers
must provide information about their goods/services introduced on websites to
customers so that they can accurately determine properties of goods/services
and avoid misunderstanding when making decisions to make proposals for
conclusion of contracts.
2. Information
about goods published on websites must include required information shown on
labels of goods as prescribed by the Law on labeling of goods, except
distinguishing characteristics of each product such as date of manufacture,
expiry date, lot number, chassis number or engine number.
3. A seller of
goods/services subject to certain business conditions must publish information
about number, issue date and issuing authority of the license, certificate of
eligibility, certification, confirmation or another document type as prescribed
by relevant laws on business conditions for trading of such goods/services.
Article 31.
Information about price
1. Information
on prices of goods or services, if any, must be made clear that prices are
inclusive or exclusive of the costs related to the purchase of goods or
services, such as taxes, packing cost, shipping cost and other arising costs.
2. Unless
otherwise agreed by the parties, if the information about the prices of goods
or services listed on the website does not clearly indicate the price is
inclusive or exclusive of the costs related to the purchase of goods or
services such as tax, packing cost, shipping cost and other arising costs, the
price is understood to have included all the above costs.
3. For
services on e-commerce service provision websites specified in Sections 2 and 4
of this Chapter, the websites must publish detailed information about the
method of calculation of service charge and payment mechanism.
Article 32.
Information about general trading conditions
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a) Conditions or restrictions on
the provision of goods or services, such as limits on time or geographic scope,
if any;
b) [23]
Policies on inspection of goods; policies on return of goods, including time
limit and methods for returning or changing goods, methods for money refund and
refund fees;
c) Product warranty policy, if any;
d) Service standards, service
provision process, charge tariff and other terms related to the provision of
services, including conditions and restrictions, if any;
dd) The seller’s obligations and
customer’s obligations in each transaction.
2. The general
trading conditions must have a font color contrast with the background color of
the website on which the general trading conditions are posted and the
languages expressing the general trading conditions must include Vietnamese.
3. In case the
website has the online ordering function, the seller must have a mechanism for
customers to read and express their consent to the general trading conditions
before sending a proposal for conclusion of contract.
Article 33.
Information about shipment and delivery
1. Traders,
organizations or individuals shall publish the following information about the
conditions for shipment and delivery of goods or services introduced on the
website:
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b) Estimated time limit for the
delivery of goods or provision of services, taking into account the
geographical distance and method of delivery;
c) Geographical limits of the
delivery of goods or provision of services, if any.
d) [24]
Delegation of responsibility of logistics service providers to provide
documents on goods during delivery of goods.
2. In case of
delay in the delivery of goods or provision of services, traders, organizations
or individuals shall promptly notify customers thereof and create opportunities
for them to cancel the contracts if so wished.
Article 34.
Information about payment methods
1. Traders,
organizations or individuals shall disclose all payment methods applicable to
goods or services introduced on the website, together with clear and accurate
explanations so that customers can understand and choose the appropriate
payment method.
2. If the
e-commerce website has the online payment function, traders, organizations or
individuals shall create a mechanism for customers to use this function to
review and confirm detailed information about each transaction before making
the payment.
Section 2.
OPERATION OF E-COMMERCE TRADING FLOORS
Article 35.
Provision of e-commerce trading floor services
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2.[25]
Forms of operation of e-commerce trading floors:
a) A website that allows its
members to open booths for displaying/promoting their goods or services;
b) A website that allows its
members to open accounts to carry out the conclusion of contracts with
customers;
c) A website that has specific
trading categories or tabs allowing its members to post listings of goods and
services;
d) A social network that operates
in one of the forms specified in Points a, b, c of this Clause and makes its
members directly or indirectly pay fees for carrying out such activities.
3. Websites
operating as goods exchanges:
a) Traders or organizations setting
up e-commerce websites that permit participants to sell and purchase goods
according to the method of goods exchange must have a license for goods
exchange establishment and shall comply with regulations on the goods exchange;
b) The Ministry of Industry and
Trade shall specify the mechanism of monitoring and connection of transaction
information between the state authorities and the goods exchange and other
requirements on the operation of the website operating as a goods exchange.
Article 36.
Responsibilities of traders or organizations providing e-commerce trading floor
services
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2. Develop and
publish on the website regulations on operation of the e-commerce trading floor
under Article 38 of this Decree; monitor the e-commerce trading floor and
ensure the implementation of these regulations.
3.[27]
Request sellers on the e-commerce trading floor to provide information as
prescribed in Article 29 of this Decree when they apply for use of services.
Foreign sellers must transcribe specific names into Vietnamese or Latin
characters.
4. Apply a
mechanism of examination and monitoring to ensure the seller’s information
provided on the e-commerce trading floor is correct and adequate.
5. Store the
registration information of traders, organizations or individuals participating
in the e-commerce trading floor and regularly update relevant changed or
supplemented information.
6. Establish a
mechanism to permit traders, organizations or individuals participating in the
e-commerce trading floor to perform the process of conclusion of contract as
specified in Section 2 Chapter II of this Decree if the website has the online
ordering function.
7. Apply
necessary measures to ensure the safety of information relating to business
secrets of traders, organizations or individuals and consumers’ personal
information.
8.[28]
Take timely remedial actions when detecting or receiving reports about any
business acts in violation of laws on the e-commerce trading floor. To be
specific:
a) Prevent and remove from the
website information on goods/services included in the list of banned goods and
services or the list of banned business lines as prescribed by law;
b) Remove information on
goods/services in violation of laws within 24 hours from the receipt of the
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d) Give warnings or refuse to
provide services for a fixed or indefinite term to individuals, traders or
organizations that violate the laws;
dd) Take other measures as
specified in Regulations on operation of the e-commerce trading floor.
9.[29]
Assist state authorities in carrying out investigations and taking actions
against business acts in violation of laws and settling disputes and
complaints. To be specific:
a) Provide information about
entities showing signs or acts in violation of laws on the e-commerce trading
floor to competent authorities when detecting or receiving such information;
b) Frequently update keywords as
recommended by competent authorities and filter information on goods/services
using such keywords before publishing it on the website;
c) Receive and respond to
complaints, feedbacks and disputes about the e-commerce trading floor on the
E-Commerce Management Portal of the Ministry of Industry and Trade
(online.gov.vn).
10. Publicly
announce the mechanism to settle disputes arising during transactions on the
e-commerce trading floor. When customers on the e-commerce trading floor have
conflicts with the sellers or their lawful interests are damaged, to provide
customers with information about the sellers and actively assist customers in
protecting their rights and legitimate interests.
11.[30]
With regard to an e-commerce trading floor that has online ordering functions,
in addition to the abovementioned obligations, the e-commerce trading floor
service provider must also:
a) Appoint a contact point to
receive requests and provide information online to regulatory authorities about
the entities denoting violations against laws. This contact point shall provide
information within 24 hours from the receipt of the request to promptly serve
the inspection, handling of violations, complaints and denunciations;
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c) Act as the contact point to
receive and settle complaints from consumers if a transaction conducted on the
e-commerce trading floor involves more than 02 parties;
d) Retain information about
ordering transactions conducted on the e-commerce trading floor in accordance
with regulations of the Law on accounting;
dd) Jointly make compensation for
damage in case of failure to fulfill the obligations in Clause 8 and Clause 9
of this Article resulting in damage.
Article 37.
Responsibilities of sellers on e-commerce trading floor
1. Fully and
accurately provide information specified in Article 29 of this Decree to
traders or organizations providing e-commerce trading floor services upon
registration for service use.
2. Provide
complete information about the goods or services as specified in Articles 30
through 34 of this Decree when selling goods or providing services on the
e-commerce trading floor.
3. Ensure the
accuracy and truthfulness of information about the goods or services provided
on the e-commerce trading floor.
4. Implement
the provisions in Section 2 Chapter II of this Decree upon application of the
online ordering function on the e-commerce trading floor.
5. Provide
information about the situation of their business at the request of competent
authorities to serve the making of e-commerce statistics.
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7. Fulfill tax
obligations as prescribed by law.
Article 38.
Regulations on operation of e-commerce trading floor
1. Regulations
on operation of the e-commerce trading floor must be displayed on the website
homepage.
2. Regulations
on operation of the e-commerce trading floor must include the following
contents:
a) Rights and obligations of the
trader or organization providing e-commerce trading floor services;
b) Rights and obligations of users
of e-commerce trading floor services;
c) [31]
If the e-commerce trading floor combines different forms of operation,
description of trading procedures of each form of operation, including delivery
procedures (if any) is required;
d) Reviewing operation and handling
competence of the trader or organization providing e-commerce trading floor
services upon detection of business acts in violation of the law on the
e-commerce trading floor;
dd) [32]
Rights and obligations of the parties in transactions conducted on the
e-commerce trading floor; in case a transaction involves more than 02 parties,
responsibilities of the seller of goods and supplier of services must be
clearly determined;
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g) [33]
Provisions on information security, mechanisms for inspection to ensure
provision and management of information on the e-commerce trading floor;
h) Mechanism of settlement of
complaints and disputes between parties related to the transactions conducted
on the e-commerce trading floor;
i) Policies on protection of
personal information of users of e-commerce trading floor services specified in
Article 69 of this Decree;
k) Measures to handle infringements
upon consumer interests on the e-commerce trading floor;
l) Measures to handle violations
committed by people who do not comply with the regulations on operation of the
e-commerce trading floor.
m) [34]
Division of responsibility to provide documents on goods between the seller,
e-commerce trading floor service provider and logistics service provider in
case a contract for use of third party’s logistics service is concluded;
n) [35]
Procedures for cooperation with holders of intellectual property rights to
review and remove products infringing intellectual property rights on operation
of the e-commerce trading floor;
o) [36]
General provisions applied to all transactions conducted on the e-commerce
trading floor in respect of inspection of goods, return and change of goods,
money refund (including cases of money refund, procedures and methods of
refunding money to customers) in case the e-commerce trading floor has online
ordering functions.
3. When there
is any change in one of the contents specified in Clause 2 of this Article, the
trader or organization providing e-commerce trading floor services shall notify
all users of e-commerce trading floor services at least 5 days prior to
application of such change.
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Article 39.
Provision of online promotion services
1. Traders or
organizations providing online promotion services are those that set up online
promotion websites to promote goods and services of other traders,
organizations or individuals (referred to as partners) under the terms of the
contract on promotion services.
2. Forms of
online promotion service:
a) Selling goods vouchers and
service vouchers so that customers can buy goods or use services of the
partners at preferential prices or with other benefits;
b) Selling frequent customer cards
to enable customers to use goods or services from a network of partners at
preferential prices or with other benefits compared with those upon purchase of
goods and services of each individual partner;
c) Other forms of online promotion
services stipulated by the Ministry of Industry and Trade.
Article 40.
Information about promotion activities on online promotion websites
1. Information
about each promotion activity posted on online promotion websites must include
the following contents:
a) Name, address, phone number and
other contact information of the trader, organization or individual having
goods or services to be promoted;
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c) Promotion period, starting date,
ending date and area of promotional activities;
d) Prices of goods and services
provided before the time of promotion;
dd) Total actual costs which
customers must pay to possess the goods and use the services promoted,
including the costs paid to the trader or organization providing the online
promotion services;
e) Specific contents of conditions
associated with the promotion of goods or services.
2. If the
website has a mechanism for receiving online comments or feedback from
customers about the goods or services promoted, these comments must be publicly
displayed on the website so that other customers can see them.
Article 41.
Responsibilities of traders or organizations providing online promotion
services
1. Register
the set-up of online promotion service provision websites as prescribed in
Section 2 Chapter IV of this Decree.
2. Comply with
provisions of the Law on Commerce and relevant laws on promotional activities.
3. Comply with
the provisions on protection of customer personal information specified in
Section 1 Chapter V of this Decree.
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5. Comply with
the provisions in Section 2 Chapter V of this Decree if the website has the
online payment function.
6. Fully
publish contents specified in Article 40 of this Decree in each promotional
information posted on their websites.
7. Develop and
publish on their website the regulations on operation and comply with
provisions in Article 38 of this Decree.
8. Develop and
publish on their website the mechanism of receipt and settlement of customer’s
complaints about quality of goods or services promoted or goods or services
used for promotion.
9. Take
responsibility of the third party in providing information on goods or services
for consumers in accordance with the Law on Protection of Consumer Interests.
10. Pay
compensations to customers if the goods vouchers, service vouchers or frequent
customer cards that they have issued are denied by their partners contrary to
the conditions published on their websites or on those goods vouchers, service
vouchers or frequent customer cards.
Article 42.
Responsibilities of traders, organizations or individuals having goods or
services promoted
1. Fully and
accurately provide information about the goods or services promoted.
2. Properly
implement commitments to the quality of goods or services promoted according to
the information provided.
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1. A contract
on promotion services between a trader or organization providing the online
promotion services with a trader or an organization or individual having goods
or services promoted shall comply with provisions in Article 90 of the Law on
Commerce, and must have the following contents:
a) Division of responsibilities
between the parties in the implementation of the order and procedures for
carrying out promotional activities in accordance with the law on promotion;
b) Specific obligations to settle
complaints and pay compensations to customers in case the goods or services
promoted or goods or services used for promotion are not consistent with the
announced or committed contents.
2. Traders or
organizations providing online promotion services shall perform the obligations
specified at Points a and b Clause 1 of this Article if the contract on
promotion services does not specify the above contents.
Section 4.
OPERATION OF ONLINE AUCTION WEBSITES
Article 44.
Provision of online auction services
1. Traders and
organizations providing online auction services (below collectively referred to
as online auction service providers) are those that set up online auction
websites for other traders, organizations or individuals to organize auctions
of their goods on those websites.
2.[37]
(abrogated)
Article 45.
Requirements on technical system serving online auctions
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a) Recording and storing all bids
made in an auction;
b) After an auction begins, once
every 30 (thirty) seconds showing the recorded highest bid and its bidder on
the website for all auction bidders to see.
2. In case the
system does not allow auction bidders to retract bids that they have made, it
must have a clear notification thereof to auction bidders’ right before the
time of the auction. The notification must state specific responsibilities of
auction bidders that make bids but refuse to purchase auctioned goods.
Article 46.
Responsibilities of traders or organizations providing online auction services
1. Register
their online auction websites as prescribed in Section 2 Chapter IV of this
Decree.
2. Perform the
responsibilities prescribed in Article 36 of this Decree.
3. Establish
online auction methods and process.
4. Build
technical systems to serve online auctions for goods sellers to organize
auctions by the established methods and process.
5. Provide
online tools for goods sellers to publicly, adequately and accurately notify
and post necessary information relevant to auctioned goods.
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7. Provide
goods sellers with information on developments of auctions organized by goods
sellers when so requested.
8. Make
notices of auction results and send them to goods sellers and purchasers and
related parties as prescribed in Article 51 of this Decree.
9. Take
responsibility in case errors of the technical system make an auction unable to
proceed:
a) If the errors of the technical
system make an auction unable to begin at the time the seller expects to
organize such auction, the online auction service provider shall refund the
seller all expenses for the organization of the auction which the latter has
paid to the former;
b) If the errors of the technical
system make auction bidders unable to continue making bids after the auction
begins, the online auction service provider shall cancel the auctions result
and allow the seller to organize a new auction, and concurrently bear all
expenses related to the new auction.
Article 47. Responsibilities
of sellers on online auction websites
1. Publicly,
adequately and accurately notify and post necessary information relating to
auctioned goods.
2. Announce
reserve prices; asking price, if any.
3. Take
responsibility for the quality and specifications of auctioned goods.
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5. Not to sell goods which are
pledged or mortgaged items or subject to disputes.
6. Perform
other responsibilities prescribed in Article 37 of this Decree.
Article
48. Auction venues and time
1. Auction
venues are registered places of permanent residence or offices of sellers.
2. Auction
time is decided by sellers.
3. Time
of making a bid by an auction bidder is the time of sending an e-document
notifying a certain bid made in an auction.
4. Time
of recording a made bid is the time when the information system of the trader
or organization providing online auction service receives an e-document
notifying a bid made by an auction bidder.
Article
49. Notification of goods auction
A notification of
goods auction must be made on an online auction website and contain the
following details:
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2. Ending time
of auction.
3. Contact
information of the seller.
4. Necessary
information about the goods.
5. Reserve
price.
6. Asking sale
price, if any.
7. Payment
deadline and method.
8. Deadline
and method of delivery of goods to the purchaser after the auction ends.
9. In case the
auctioned goods are subject to ownership registration as prescribed by law, the
notification of goods auction must contain the following additional details:
a) Time and place for goods
display;
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c) Time and place for goods
purchase registration;
d) Time and method of carrying out
procedures for goods ownership transfer.
Article 50.
Identification of goods purchasers
1. For an
ascending-bid auction, the goods purchaser is the first bidder who has the last
bid higher than that of the previous bidder and higher than the asking price
and recorded by the information system of the trader or organization providing
online auction services before the end of the auction.
2. For a
descending price auction, the goods purchaser is the first bidder who accepts
the reserve price or a price lower than the reserve price and that is recorded
by the information system of the trader or organization providing online
auction services before the end of the auction.
3. Where many
bidders simultaneously make their last bids in an ascending price auction or
their first bids in a descending price auction, the seller shall organize for
these bidders to draw the purchaser.
Article 51.
Notification of auction results
1. Traders and
organizations providing online auction services shall make notifications of
goods auction results immediately after the end of auctions, even when auctions
are unsuccessful.
2. A
notification must clearly provide information on the goods, the last bid and
the time when the system receives the last bid, and contact information of the
purchaser.
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4. Notifications
of auction results will be sent to electronic addresses of goods sellers and
purchasers registered with traders or organizations providing online auction
services.
5. Where many
bidders simultaneously make their last bids in an ascending price auction or
their first bids in a descending-bid auction, the system must send
notifications to all these bidders and request them to organize a draw to the
purchaser. The form of decide drawing is decided by the seller.
Chapter IV
MANAGEMENT OF E-COMMERCE ACTIVITIES
Section 1.
MANAGEMENT OF SALES E-COMMERCE WEBSITES
Article 52.
Conditions for setting up sales e-commerce websites
Traders, organizations or
individuals may set up sales e-commerce websites if satisfying the following
conditions:
1.[38]
Being traders, organizations or individuals issued with personal tax
identification numbers.
2.[39]
(abrogated)
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Article 53.
Procedures for notification of set-up of sales e-commerce websites
1.[40]
Traders, organizations and individuals shall give online notification to the
Ministry of Industry and Trade of their establishment of sales e-commerce
websites through the E-Commerce Management Portal before selling goods or
providing services to consumers.
2. Information
to be notified includes:
a) Domain name of the e-commerce
website;
b) Types of goods and services to
be introduced on the website;
c) Registered name of the trader or
organization or name of the individual owning the website;
d) Address of the office of the
trader or organization or address of permanent residence of the individual;
dd) Number, date and place of
issuance of the business registration certificate of the trader, or number,
date of grant and granting agency of the establishment decision of the
organization; or personal tax identification number of the individual;
e) Names, titles, identity card
numbers, telephone numbers and e-mail addresses of the representative of the
trader and person responsible for the e-commerce website;
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Section 2.
MANAGEMENT OF E-COMMERCE SERVICE PROVISION WEBSITES
Article 54.
Conditions for setting up e-commerce service provision websites
Traders and organizations may set
up e-commerce service provision websites specified in Sections 2, 3 and 4,
Chapter III of this Decree when fully satisfying the following conditions:
1.[41]
Being traders or organizations that are duly established in accordance with
regulations of law.
2.[42]
(abrogated)
3. Having a
service provision plan clearly stating the followings:
a) [43]
Model of organization and operation, including service provision, service
promotion and marketing both online and offline; logistics services.
b) [44]
(abrogated)
c) Rights and responsibilities of
the trader or organization providing e-commerce services and service users.
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Article 55.
Procedures for registration for setting up e-commerce service provision
websites
1. Traders and
organizations shall make registrations online with the Ministry of Industry and
Trade for setting up e-commerce service provision websites after their websites
have been completed with adequate structure, utilities and information
according to service provision plans, and operating at registered addresses of
domain names, and before officially providing services to users.
2. A
registration dossier comprises:
a) An application for registration
for setting up an e-commerce service website;
b) [45]
Copy extracted from master register or certified true copy or copy presented
with its original for verification purpose of the establishment decision (of
the organization) or the electronic copy from master register or electronic
certified true copy; business registration certificate or enterprise
registration certificate (of trader), business license (of foreign investor or
foreign-invested business entity);
c) The service provision plan as
prescribed in Clause 3 Article 54 of this Decree;
d) Regulations on operation
management of the e-commerce service website in compliance with this Decree and
relevant laws;
dd) Model service provision
contract and general trading conditions, if any;
e) Other documents prescribed by
the Ministry of Industry and Trade.
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1. A trader or
organization that sets up an e-commerce service website shall notify the
modification or supplementation of registered information when having one of
the following changes:
a) Change of the name of the trader
or organization;
b) Change of the representative of
the trader or the person responsible for the e-commerce service website;
c) Change of the transaction bureau
address or contact information;
d) Change of the domain name;
dd) Change in the transaction
regulations and conditions on the e-commerce service website;
e) Change in terms of the service
provision contract;
g) Change or addition of services
to be provided on the website;
e) Other changes as prescribed by
the Ministry of Industry and Trade.
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3. An
e-commerce service website is deregistered in the following cases:
a) At the request of the trader or
organization providing e-commerce services;
b) The trader or organization
providing e-commerce services ceases its operation or transfers its e-commerce
service website to another trader or organization;
c) The e-commerce service website
fails to commence operation within 30 (thirty) days after its registration or
sends no feedback at the request of a state authority;
d) The trader or organization
providing e-commerce services has the registration revoked under Clause 2
Article 78 of this Decree;
dd) Other cases as prescribed by
the Ministry of Industry and Trade.
Article 57.
Reporting
Before January 15 every year,
traders and organizations providing e-commerce services shall provide the
Ministry of Industry and Trade with statistical reports on their operations in
the preceding year under Article 8 of this Decree.
Article 58.
Authority to approve registration
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2. The
Ministry of Industry and Trade shall specify requirements on the content of
dossiers, order and procedures for registration, modification or
supplementation of registration and deregistration of e-commerce service
provision websites.
Article 59.
Disclosure of registration information
1. Right after
having their registrations certified, e-commerce service provision websites may
post the “registered” icon on their homepages. Clicking on this icon, users
will be linked to the section of registration information of traders or
organizations providing e-commerce services at the E-Commerce Management
Portal.
2. The
Ministry of Industry and Trade shall publish the list of e-commerce service
provision websites which have been registered, or deregistered, or have their
registrations invalidated on the E-Commerce Management Portal and on other mass
media.
Section 3.
RATING, SUPERVISION AND CERTIFICATION IN E-COMMERCE
Article 60.
General principles
1.[46]
Traders and organizations performing rating of e-commerce websites or providing
electronic contract certification service must apply for registration of their
services with the Ministry of Industry and Trade.
2.[47]
(abrogated)
Article 61.
Credit rating of e-commerce websites
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a) [48]
Being a trader or an organization established under the law of Vietnam;
b) Being organizationally and
financially independent from traders, organizations or individuals owning
e-commerce websites to be rated;
c) Having a set of criteria and
process for rating e-commerce websites which are publicly and transparently
announced and uniformly applicable to to-be-rated subjects;
d) Having registered the operation
of credit rating of e-commerce websites with the Ministry of Industry and Trade
and having its registration certified.
2. A trader or
an organization that conducts credit rating of e-commerce websites is
deregistered in the following cases:
a) It is found to have deceptive
acts or provide false information when following registration procedures;
b) It fails to strictly observe the
publicly announced credit rating process and criteria;
c) It takes advantage of credit
rating for earning illicit profits.
3. The
Ministry of Industry and Trade shall specify the operation of credit rating of
e-commerce websites, the content of dossiers, order and procedures for registration,
registration modification, or invalidation, and deregistration of traders and
organizations engaged in this operation.
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a) Supervise operations of e-commerce
websites having the credit icon;
b) Closely cooperate with state
authorities in inspecting, examining and handling e-commerce websites having
the credit icon which show signs of law violation;
c) Before the 05th day
every month, report to the Ministry of Industry and Trade on the updated list
of e-commerce websites having the credit icon by the end of the preceding
month;
d) Before the 15th day
of January every year, report to the Ministry of Industry and Trade on the
operation of credit rating of e-commerce websites in the preceding year.
Article 62.[49] (abrogated)
Article 63.
Provision of electronic contract certification service[50]
1. Eligibility
requirements to be satisfied to provide electronic contract (e-contract)
certification service:
a) The applicant is a trader or an
organization established in accordance with the law of Vietnam;
b) The applicant has a Scheme for
service provision which is made using the form provided in Clause 8 of this
Article and appraised by the Ministry of Industry and Trade, and, inter alia,
includes the following primary contents:
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- Description
of the technical plan on provision of e-contract certification service, including:
description of the information technology system; description of
technical plan on technological solutions, process of operation and
certification of e-contracts, including retention plan which must ensure the
integrity of data of electronic documents, plan for identification and
electronic certification of the parties involving in e-contract certification
as prescribed by law, plan for searching for certified e-contracts on the
system; plan for ensuring security of e-contract certification service and
customers’ information confidentiality; technical plan for maintaining and
remedying e-contract certification operations when the system malfunctions.
2. Obligations
of an e-contract certification service provider:
a) Assume responsibility for confidentiality
and integrity of electronic documents retained and certified;
b) Provide documents and assist
competent authorities in investigating into acts of violation against
regulations of laws on electronic documents certified and retained;
c) Publicly announce Regulations on
provision of e-contract certification which include required contents as
prescribed by the Ministry of Industry and Trade;
d) Make connections to the
E-Commerce Management Portal, and submit reports to the Ministry of Industry
and Trade on provision of e-contract certification service as requested.
3. Application
for registration:
a) The application form for
registration of provision of e-contract certification service;
b) Copy extracted from master
register or certified true copy or copy presented with its original for
verification purpose of the establishment decision (of the organization) or
enterprise registration certificate or investment certificate (of trader);
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4. Registration
process
a) Submission, receipt and
processing of application for registration of provision of e-contract
certification service by the Ministry of Industry and Trade shall be made
online through the E-Commerce Management Portal at www.online.gov.vn;
b) For declaration of information,
the trader or organization shall access the E-Commerce Management Portal and
follow the following 05 steps:
Step 1: The applicant shall apply
for a user account on the system by providing the following information:
the applicant’s name; business registration number (if the applicant is a
trader) or number of establishment decision (if the applicant is an
organization); applicant’s headquarters address; contact information, including
telephone number, fax and email.
Step 2: Within 03 working days from
the date of provision of information in Step 1, the applicant shall receive a
response from the Ministry of Industry and Trade through the registered email
with one of the following contents:
- If the
information provided when applying for a user account is adequate, the
applicant shall be issued with a user account for accessing the system and
follow Step 3;
- If the
application for a user account is refused or additional information is
requested, the applicant shall repeat registration procedures or provide
additional information as requested.
Step 3: The applicant shall access
the system using the issued user account, select the function “Registration of
provision of e-contract certification service”, fill in the form and attach
application for registration.
Step 4: Within 20 working days from
the date of completion of Step 3, the applicant shall receive a response from
the Ministry of Industry and Trade through the registered email with one of the
following contents:
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- Notify that
the application is invalid or request the applicant to provide additional information.
In such case, the applicant shall repeat Step 3 or provide additional
information as requested.
Step 5: After receiving a
certification that the application is adequate and valid, the applicant shall
provide a complete application (including physical documents) to the Ministry
of Industry and Trade (through Vietnam E-commerce and Digital Economy Agency).
c) The applicant shall monitor the
application processing status via their email or by accessing the system using
the issued user account to update and correct information as requested;
d) Within 30 days from the receipt
of the receipt of the request for additional information in Step 4 as
prescribed in Point b of this Clause, if the applicant fails to provide
additional information as requested, its application for registration on the
system shall be invalid and the applicant is required to repeat registration
procedures from the first step.
5. Certification
of registration
a) Deadline for certification: 07
working days from the receipt of a physical application, including adequate and
valid documents as required, submitted by the applicant directly or by post to
the Ministry of Industry and Trade (Vietnam E-commerce and Digital Economy Agency)
when completing registration procedures online. Where the received
physical application does not match the documents and information provided
online by the applicant, the Ministry of Industry and Trade shall send a
notification to the applicant’s registered email for modification of
application;
b) When certifying registration,
the Ministry of Industry and Trade shall send a notification of registration
certification to the applicant’s registered email, and include the applicant’s
name in the list of registered e-contract certification service providers
published on the E-commerce Management Portal;
c) After receiving registration
certification, the list of websites affixed with certification symbol shall be
published on the E-commerce Management Portal;
d) Within 15 days from the date on
which the Ministry of Industry and Trade gives registration certification as
prescribed in Point b of this Clause, if the enterprise fails to provide
physical documents for certification, the applicant shall repeat registration
procedures from the first step.
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a) The e-contract certification
service provider must notify the modification of registered information within
07 working days from the occurrence of changes in the application for
registration prescribed in Clause 3 of this Article;
b) Notification of modification of
registered information shall be made only by accessing the system using the
user account issued when following registration procedures or sent directly or
by post to the Ministry of Industry and Trade (Vietnam E-commerce and Digital
Economy Agency). The notification must be accompanied by documents providing
such changes (if any);
c) Within 07 working days from the
receipt of an adequate and accurate notification from the e-contract
certification service provider as prescribed in Point b of this Clause, the
Ministry of Industry and Trade shall consider whether such changes should be
certified or not and give a response to the service provider through its user account.
If certification is not given, reasons thereof must be provided.
7. Cancellation
and termination of registration
a) The Ministry of Industry and
Trade shall cancel the registration of an e-contract certification service
provider in the following cases:
- It is found
to have deceptive acts or provide false information when following registration
procedures;
- It takes
advantage of the provision of e-contract certification service for obtaining
illegal profits;
- It fails to
comply with the Scheme and Regulations on provision of e-contract certification
service as prescribed in this Article;
- It fails to
fulfill the obligations specified in Clause 2 of this Article.
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- upon its
request; or
- in case it
fails to provide e-contract certification service within 03 months from the
date of certification of registration of e-contract certification service.
c) In case of termination of operation,
the e-contract certification service provider must give a prior notification of
at least 15 days to the Ministry of Industry and Trade for terminating
registration status. Such notification shall be made online by accessing the
system using the user account issued when following registration procedures or
sent directly or by post to the Ministry of Industry and Trade (Vietnam
E-commerce and Digital Economy Agency).
d) In case of termination or
cancellation of registration, the Ministry of Industry and Trade shall remove
the trader or organization’s name from the list of registered e-contract
certification service providers and delete that trader or organization’s
certification symbol on the E-commerce Management Portal.
8. The
Ministry of Industry and Trade shall provide instructions for traders and
organizations to develop Regulations on provision of e-contract certification
service and promulgate samples of application form and Scheme for provision of
e-contract certification service.
Section 4.
E-COMMERCE MANAGEMENT PORTAL
Article 64.
Functions of the E-commerce Management Portal
1. The
Ministry of Industry and Trade shall set up, update and maintain the E-Commerce
Management Portal.
2. The
E-commerce Management Portal has the following functions:
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b) Provide online public services
regarding the procedures for registering e-commerce service provision websites
prescribed in Section 2 of this Chapter;
c) Provide information guiding the
procedural process and forms for registration [51]
for provision of supervision, rating and certification services in e-commerce
as prescribed in Section 3 of this Chapter;
d) Publish information specified in
Articles 65, 66 and 67 of this Decree.
dd) [52]
Provide provincial Departments of Industry and Trade with tools for
searching and management of notifications and applications for registration of
e-commerce activities of traders, organizations and individuals in the
province.
Article 65.
Lists of e-commerce websites for which notification and registration procedures
have been carried out
1. The
Ministry of Industry and Trade shall publish on the E-Commerce Management
Portal the following lists:
a) List of sales e-commerce
websites which have been notified as prescribed in Section 1 of this Chapter;
b) List of e-commerce service
provision websites which have been registered as prescribed in Section 2 of this
Chapter.
2. The
published lists specified in Clause 1 of this Article must include the
following information:
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b) Names and contact information of
traders, organizations or individuals that own e-commerce websites;
c) Business registration numbers of
traders, numbers of establishment decisions of organizations or personal tax
identification numbers of individuals owning e-commerce websites.
Article 66.
List of traders and organizations conducting credit rating of e- commerce
websites
1. The
Ministry of Industry and Trade shall publish on the E-Commerce Management
Portal the list of traders and organizations providing the service of credit rating
of registered e-commerce websites as prescribed in Section 3 of this Chapter.
2. The
published list specified in Clause 1 of this Article must include the following
information:
a) Names traders and organizations
providing the service of credit rating of e-commerce websites;
b) Business registration numbers of
traders or numbers of establishment decisions of traders and organizations;
c) Addresses of offices, telephone
numbers and e-mail addresses of traders and organizations;
d) List of e-commerce websites
having the credit icon put on by traders and organizations.
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1. The
Ministry of Industry and Trade shall publish on the E-Commerce Management
Portal the following lists:
a) List of e-commerce websites that
have committed violations of laws;
b) List of e-commerce websites that
reportedly show signs of violations of laws.
2. The
Ministry of Industry and Trade shall detail the mechanism for receipt and
disclosure of reported information on e-commerce websites specified in Clause 1
of this Article.
Section 5
[53].
MANAGEMENT OF E-COMMERCE ACTIVITIES OF FOREIGN TRADERS AND
ORGANIZATIONS
Article 67a.
Foreign traders and organizations setting up websites for provision of
e-commerce services in Vietnam
1. Foreign
traders and organizations setting up websites for provision of e-commerce
services in Vietnam are those operating in one of the following forms:
a) An e-commerce website set up
under Vietnam’s domain name;
b) An e-commerce website displayed
in Vietnamese language;
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2. The foreign
trader or organization setting up website providing e-commerce services in
Vietnam as prescribed in Clause 1 of this Article shall follow procedures for
registration of e-commerce activities as prescribed in this Decree and
establishment of a representative office in Vietnam in accordance with
regulations of law or appoint an authorized representative in Vietnam.
Operation of the representative
office or authorization contents must ensure the fulfillment of
responsibilities set out in Clause 5 of this Article.
3. Imports/exports
traded through e-commerce are subject to customs procedures as prescribed by
the Law on customs.
4. The volume
of transactions originated in Vietnam shall be determined based on the
following sources:
a) Voluntary reports submitted by
the trader or organization as prescribed in this Decree;
b) Official statistical reports of
Vietnam’s competent authorities, including: customs authorities; Internet
authorities, banking and tax authorities;
c) Available or published reports
and information which can be verified by relevant competent authorities.
5. Responsibilities
of foreign traders or organizations setting up websites for provision of
e-commerce services in Vietnam
a) Cooperate with regulatory
authorities to prevent transactions of goods and services in violation of the
law of Vietnam;
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c) Submit reports as prescribed in
Article 57 of this Decree.
Article 67b.
Foreign traders and organizations selling goods on Vietnam’s e-commerce trading
floors
1. Foreign
traders and organizations shall sell goods according to Regulations on
operation of Vietnam’s e-commerce trading floors.
2. Vietnam’s
e-commerce trading floor service providers shall assume responsibility to
authenticate identity of foreign traders or organizations selling goods on
their e-commerce trading floors and undertake any of the followings:
a) Request foreign traders to
exercise import/export rights of foreign traders that do not have presence in
Vietnam in accordance with regulations of law;
b) Organize import activities as
entrusted by buyers in respect of goods traded by foreign traders or
organizations on e-commerce trading floors;
c) Request foreign traders or
organizations to designate their commercial agents in Vietnam.
3. Imports/exports
traded through e-commerce are subject to customs procedures as prescribed by
the Law on customs.
Article 67c.
Market access conditions for foreign investors in the field of e-commerce
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2. Market
access conditions:
a) Foreign investors perform
e-commerce activities in Vietnam in accordance with Clause 1, Clause 2 Article
21 of the Law on investment;
b) A foreign investor that controls
one or more enterprises in the list of 05 leading e-commerce enterprises in
Vietnam announced by the Ministry of Industry and Trade shall be subject to the
Ministry of Public Security’s assessment of national security conditions.
3. A foreign
investor is considered to control over an e-commerce enterprise as prescribed
in Point b Clause 2 of this Article if it falls into one of the following
cases:
a) It owns more than 50% of charter
capital or 50% of voting shares of the enterprise;
b) It has the right to directly or
indirectly decide to appoint, dismiss or discharge the majority or all of the
members of the Board of Directors, Chairperson of the Board of Members,
Director or General Director of the enterprise;
c) It has the right to decide
important matters concerning the enterprise’s business, including selection of
technologies, business form, business lines, business areas and business types;
adjustment of business scale and business lines; selection of methods of
mobilization, allocation and use of business capital of that enterprise.
4. The list of
05 e-commerce enterprises specified in Point b Clause 2 of this Article shall
be determined according to total visits, number of sellers, total transactions
and total transaction value.
5. In the case
specified in Point b Clause 2 of this Article, the investor shall follow
procedures for issuance or modification of business license according to the
Government's regulations on goods trading and related activities of foreign
investors and foreign-invested business entities as follows:
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b) At the request of the Ministry
of Industry and Trade, the Ministry of Public Security shall give a written
response indicating its approval or refusal to approve the investor’s
application to the Ministry of Industry and Trade within 20 days from the
receipt of the request from the Ministry of Industry and Trade;
c) Based on opinions given by the
Ministry of Public Security, the Ministry of Industry and Trade shall give its
opinions to the licensing authority as prescribed;
d) The time limit for getting
opinions of the Ministry of Public Security shall not be included in the time
limit for giving opinions by the Ministry of Industry and Trade as prescribed
by law.
6. Investors
making investment in small- and medium-sized startups as prescribed by the Law
on support for small- and medium-sized enterprises shall not be subject to the
provisions of Clause 2 of this Article.
Chapter 5
SAFETY AND SECURITY IN E-COMMERCE TRANSACTIONS
Section 1.
PERSONAL INFORMATION PROTECTION IN E-COMMERCE
Article 68.
Responsibility to protect personal information of consumers
1. When
conducting e-commerce business activities, traders, organizations or
individuals that collect personal information of consumers shall comply with
this Decree and relevant regulations on protection of personal information.
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a) The contract between the two
parties must clearly define the responsibility of each party to comply with
this Decree and relevant regulations on protection of personal information;
b) If the contract between the two
parties does not clearly define the responsibility of each party, the trader,
organization or individual engaged in e-commerce business activities shall take
responsibility in case the collection, storage and use of personal information
of consumers violate this Decree and relevant regulations on protection of
personal information.
Article 69.
Policy on protection of personal information of consumers
1. Traders,
organizations or individuals that collect and use personal information of
consumers shall formulate and announce their personal information protection
policy with the following details:
a) Purpose(s) of collection of
personal information;
b) Scope of information use;
c) Duration of information storage;
d) Persons or organizations that
may access such information;
dd) Address of the information
collection and management unit, indicating how consumers can ask about the
collection and processing of information relevant to them;
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2. The above
details must be clearly displayed to consumers before or at the time of
information collection.
3. If the
information collection is conducted through e-commerce websites of information
collection units, the personal information protection policy must be publicly
displayed at an easily visible position on these websites.
Article 70.
Obtaining consumer permission upon information collection
1. Except the
cases specified in Clause 4 of this Article, traders and organizations that
collect and use personal information of consumers on their e-commerce websites
(hereinafter referred to as “information collection units”) shall obtain prior
consent of consumers having such information (below referred to as “information
subjects”).
2. Information
collection units shall develop a mechanism for information subjects to express
their consent explicitly through online functions on their websites, emails,
messages or otherwise as agreed upon by the two parties.
3. Information
collection units shall develop a separate mechanism for information subjects to
choose to permit or not to permit the use of their personal information in the
following cases:
a) Sharing, disclosure or transfer
of information to a third party;
b) Use of personal information for
sending advertisements, product introductions and other commercial information.
4. Information
collection units are not required to obtain prior consent of information
subjects in the following cases:
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b) Collection of personal
information for concluding or performing goods purchase and sale contracts or
service contracts;
c) Collection of personal
information for calculating prices or charges for use of information, products
and services online.
Article 71.
Use of personal information
1. Information
collection units shall use personal information of consumers for purposes and
within scopes already notified, except the following cases:
a) They have separate agreements
with information subjects on use purpose and scope other than those they have
notified;
b) Information is used for
providing services or products at the request of information subjects;
c) Information is used for
performing the obligations prescribed by law.
2. The use of
information prescribed in this Article includes sharing, disclosure and
transfer of personal information to third parties.
Article 72.
Assurance of personal information safety and security
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a) Stealing or illegally accessing
information;
b) Illegally using information;
c) Illegally altering or destroying
information.
2. Information
collection units shall formulate mechanisms for receiving and settling consumer
complaints about the use of personal information for improper purposes or
beyond the notified scope.
3. In case an
information system is hacked, posing a risk of loss of consumer information,
information storing units shall notify the incident to a functional agency
within 24 (twenty-four) hours after detecting it.
Article 73.
Checking, updating and modification of personal information
1. Information
subjects may request information collection units to check, update, modify or
delete their personal information.
2. Information
collection units shall check, update, modify or delete personal information of
information subjects when so requested, or provide information subjects with
tools for self checking, updating or modification of their personal
information.
Section 2.
PAYMENT SAFETY IN E-COMMERCE
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1. Traders,
organizations or individuals that own e-commerce websites with the online
payment function shall assure safety and confidentiality of payment
transactions of their customers, settle complaints and pay damages in case
customer payment information via e-commerce websites is illegally altered,
deleted, destroyed, copied, revealed, removed or appropriated, causing damage
to customers.
2. In case of
self-developing payment solutions to exclusively serve their own sales
e-commerce websites, traders, organizations or individuals that own these
websites shall apply the following measures to assure safety and
confidentiality of customer payment transactions:
a) Setting up an information system
to serve payment activities and assure online connection around the clock 24
(twenty-four) hours a day and 7 (seven) days a week. The suspension of the
system for maintenance must not exceed 12 (twelve) hours each time and must be
notified in advance to customers;
b) Encrypting information and using
security protocols to prevent information leakage during transmission;
c) Deploying applications which are
capable of detecting, warning and preventing illegal accesses and various
online attacks against the information systems serving their online payment
activities;
d) Having plans to control the
right to access the system and the right to enter or leave places where
information system equipment are installed to serve their online payment
activities;
dd) Establishing processes and
systems for copying, storing and recovering data when the information systems
serving payment activities encounter incidents, assuring copying and storage of
payment data on media or online copying and caching of all data;
e) Storing data on each payment
transaction for a time limit prescribed in the Accounting Law;
g) In case customers make payments
before purchasing goods and services, customers’ payments must be kept at
payment service providers and customers must be provided with tools to monitor
their payment balances on the system.
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Article 75.
Responsibilities of traders or organizations providing payment intermediary
services for e-commerce websites
1. Comply with
regulations and technical regulations on payment intermediary services
promulgated by the State Bank of Vietnam (“SBV”).
2. Store data
on each payment transaction conducted via their systems for a time limit
prescribed in the Accounting Law.
3. Take joint
responsibility with traders, organizations or individuals that own e-commerce
websites using their payment intermediary services for cases in which payment
information of customers is illegally altered, deleted or destroyed, copied,
revealed, removed or appropriated, causing damage to customers.
4. Before
January 15 every year, submit statistical reports to the Ministry of Industry
and Trade on the provision of services to traders, organizations or individuals
involved in e-commerce activities.
Chapter 6
SETTLEMENT OF DISPUTES, INSPECTION, EXAMINATION, AND
HANDLING OF VIOLATIONS
Article 76.
Settlement of disputes in e-commerce
1. Traders,
organizations or individuals that own sales e-commerce websites shall receive
and settle customer complaints about contracts concluded on their e-commerce
websites.
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3. Traders,
organizations or individuals that sell goods and provide services may not abuse
their advantages in the electronic environment to unilaterally settle disputes
without the consent of customers.
4. Disputes
must be settled through negotiation between disputing parties, conciliation,
arbitration or court according to current procedures and regulations on dispute
settlement.
5. Settlement
of complaints and disputes on e-commerce service provision websites:
a) Traders and organizations
providing e-commerce services shall clearly publish on their websites the
process of receiving and responsibility for settling customer complaints and
the mechanism of settling disputes related to contracts concluded on their
e-commerce websites;
b) If traders and organizations
providing e-commerce services fail to publish information according to Point a
of this Clause, they shall directly receive and settle customer complaints and
disputes related to contracts concluded on their e-commerce websites;
c) Traders and organizations
providing e-commerce services may participate in the conciliation of disputes
arising between customers and sellers on their e-commerce websites.
Article 77.
Inspection and examination in e-commerce
1. Traders and
organizations defined in Section 3 Chapter IV of this Decree shall bear annual
examination by the Ministry of Industry and Trade of their observance of this
Decree and relevant documents. Examination results are published on the
E-Commerce Management Portal.
2. Traders and
organizations defined in Sections 1 and 2 Chapter IV of this Decree shall bear
examination and inspection by the Ministry of Industry and Trade and provincial
Departments of Industry and Trade in accordance with regulations of law.
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1. Traders,
organizations or individuals that commit the following violations shall,
depending on the nature and severity of their violations, be administratively
sanctioned in accordance with the Law on handling of administrative violations
in e-commerce:
a) Violation of provisions on
prohibited acts in e-commerce activities in Article 4 of this Decree;
b) Violation of regulations on
conclusion of contracts in e-commerce;
c) Violation of regulations on
responsibilities of subjects in e-commerce;
d) Violation of regulations on
notification of set-up of sales e-commerce websites;
dd) Violation of regulations on
registration of e-commerce service provision websites;
e) Violation of regulations on
rating and certification in e-commerce;
g) Violation of regulations on
protection of personal information in e-commerce;
h) Violation of regulations on
payment safety in e-commerce;
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k) Continued operation after having
their registrations for provision of e-commerce services terminated, for
traders and organizations;
l) Continued operation after having
their registrations[54]
terminated or being deregistered for rating, supervision and certification in
e-commerce invalidated or revoked;
m) Violation of other provisions of
this Decree.
2. In addition
to the administrative sanctions, competent authorities shall consider the
nature and severity of violations of traders and organizations to issue
decisions to stop operation [55]
or deregister e-commerce service provision websites for violations specified in
Clause 1 of this Article.
3. In case
traders, organizations or individuals commit violations, causing damage to
material interests of other traders, organizations or individuals, they shall
pay compensations in accordance with regulations of law.
4. Principles,
statute of limitations and procedures for sanctioning administrative violations
in e-commerce comply with the Law on handling of administrative violations and
relevant documents.
5. The
Inspectorate of the Ministry of Industry and Trade, market surveillance
authorities, inspectorates of provincial Departments of Industry and Trade, and
other state authorities may sanction administrative violations in e-commerce
according to their competence provided in the Law on handling of administrative
violations and relevant documents.
Chapter 7
IMPLEMENTATION
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1. This Decree
comes into force from July 01, 2013.
2. This Decree
replaces the Government’s Decree No. 57/2006/ND-CP dated June 09, 2006 on E-commerce.
3. E-commerce
websites set up and operating before the effective date of this Decree shall
make announcements or registrations under this Decree within 90 (ninety) days
from the effective date of this Decree.
Article 80.
Implementation organization[57]
1. The
Ministry of Industry and Trade shall:
a) Carry out management of
e-commerce activities and promote digital transformation in the field of
e-commerce;
b) Cooperate with the Ministry of
Information and Communications and Ministry of Public Security to protect
cyberinformation security and cybersecurity in e-commerce activities. Request
the Ministry of Public Security to take actions against violations against
regulations on cybersecurity in the field of e-commerce;
c) Organize communication and
dissemination of information about laws on e-commerce;
d) Carry out inspection, settle
complaints and take actions against violations in the field of e-commerce;
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2. The
Ministry of Information and Communications shall:
a) Cooperate in providing
information and sharing data with the Ministry of Industry and Trade for
Internet management of websites providing e-commerce activities in Vietnam;
b) Play the leading role and
cooperate with the Ministry of Industry and Trade in protecting
cyberinformation security in the field of e-commerce, revoke “.vn” domain name,
and take actions against violations regarding e-commerce websites in accordance
with regulations of the Law on penalties for administrative violations.
3. The
Ministry of Finance shall:
a) Cooperate in providing
information, connecting and sharing data with the Ministry of Industry and
Trade on number of orders for imports/exports traded on e-commerce trading
floors;
b) Update the list of foreign
suppliers directly carrying out tax registration or tax declaration; list of
foreign suppliers that perform e-commerce activities, digital platform-based
business and other services in Vietnam but do not yet carry out tax
registration, declare and pay taxes in Vietnam in accordance with regulations
of law on taxation on the web portal of the General Department of Taxation.
4. The
Ministry of Planning and Investment shall cooperate in providing information
and sharing data with the Ministry of Industry and Trade on enterprises whose
registered business lines include e-commerce.
5. The
Ministry of Public Security shall:
a) Play the leading role in
protecting cybersecurity in the field of e-commerce; cooperate with the
Ministry of Industry and Trade in providing information about the use of
cyberspace in violation of regulations on the national sovereignty, interests
and security, social order and security as well as cybercrime prevention and
control in the field of e-commerce;
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CERTIFIED
BY
MINISTER
Nguyen Dong Dien
[1] The Government’s Decree No. 08/2018/ND-CP providing
amendments to certain Decrees related to business conditions under state
management of the Ministry of Industry and Trade, coming into force from
January 15, 2018, is promulgated pursuant to:
“The Law on Organization of
Government dated June 19, 2015;
The Law on Commerce dated June
14, 2005;
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The Law on Chemicals dated
November 21, 2007;
The Law on Food Safety dated
June 17, 2010;
The Law on Prevention and
Control of Harmful Effects of Tobacco dated June 18, 2012;
The Law on Electricity dated
December 03, 2004 and the Law on amendments to the Law on Electricity dated
November 20, 2012;
The Ordinance on management and
use of weapons, explosives and combat gears dated June 30, 2011 and the
Ordinance providing amendments to the Ordinance on management and use of
weapons, explosives and combat gears dated July 12, 2013;
The Law on Investment dated
November 26, 2014 and the Law dated November 22, 2016 on amendments to Article
6 and Appendix 4 - The list of conditional business lines under the Law on
investment;
And at the request of the
Minister of Industry and Trade,”
The Government’s Decree No.
85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP
dated May 16, 2013 on e-commerce is promulgated pursuant to:
“ The Law on Government
Organization dated June 19, 2015; the Law on Amendments to the Law on
Government Organization and the Law on Local Government Organization dated
November 22, 2019;
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The Law on Commerce dated June
14, 2005;
The Law on Electronic
Transactions dated November 29, 2005;
The Law on Information
Technology dated June 29, 2006;
The Law on Consumer Protection
dated November 17, 2010;
The Law on Cyberinformation
Security dated November 19, 2015;
The Cybersecurity Law dated June
12, 2018;
The Competition Law dated June
12, 2018;
The Law on Investment dated June
17, 2020;
At the request of the Minister
of Industry and Trade;
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[3] This Point is amended according to Clause 2 Article 1 of
the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[4] This Clause is abrogated according to Clause 1 Article 2
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[5] This Clause is added according to Clause 3 Article 1 of
the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[6] This Point is amended according to Clause 4 Article 1 of
the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[7] The phrase “hoặc chưa được cấp phép” (“or have not been
licensed”) is abrogated according to Clause 2 Article 2 of the Government’s
Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No.
52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January
01, 2022.
[8] The phrase “hoặc xin cấp phép” (“or applying for a license”)
is abrogated according to Clause 2 Article 2 of the Government’s Decree No.
85/2021/ND-CP providing amendments to the Government’s Decree No. 52/2013/ND-CP
dated May 16, 2013 on e-commerce, coming into force from January 01, 2022.
[9] This Clause is amended according to Clause 5 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[10] The phrase “đã được cấp phép” (“licensed”) is abrogated
according to Clause 2 Article 2 of the Government’s Decree No. 85/2021/ND-CP
providing amendments to the Government’s Decree No. 52/2013/ND-CP dated May 16,
2013 on e-commerce, coming into force from January 01, 2022.
[11] This Clause is amended according to Clause 6 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
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[13] This Clause is amended according to Clause 6 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[14] This Clause is amended according to Clause 7 Article 1 of
the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[15] This Point is amended according to Point a Clause 8
Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to
the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce,
coming into force from January 01, 2022.
[16] This Clause is amended according to Point a Clause 8
Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to
the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce,
coming into force from January 01, 2022.
[17] This Clause is added according to Point b Clause 8
Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to
the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce,
coming into force from January 01, 2022.
[18] This Clause is amended according to Clause 9 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[19] This Clause is amended according to Clause 9 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[20] This Point is amended according to Clause 10 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[21] This Clause is amended according to Clause 11 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
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[23] This Point is amended according to Clause 13 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[24] This Point is amended according to Clause 14 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[25] This Clause is amended according to Clause 15 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[26] This Clause is amended according to Point a Clause 16
Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to
the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce,
coming into force from January 01, 2022.
[27] This Clause is amended according to Point a Clause 16
Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to
the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce,
coming into force from January 01, 2022.
[28] This Clause is amended according to Point a Clause 16
Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to
the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce,
coming into force from January 01, 2022.
[29] This Clause is amended according to Point a Clause 16
Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to
the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce,
coming into force from January 01, 2022.
[30] This Clause is amended according to Point b Clause 16
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[31] This Point is amended according to Point a Clause 17
Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to
the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce,
coming into force from January 01, 2022.
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[33] This Point is amended according to Point a Clause 17
Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to
the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce,
coming into force from January 01, 2022.
[34] This Point is amended according to Point b Clause 17
Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to
the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce,
coming into force from January 01, 2022.
[35] This Point is amended according to Point b Clause 17
Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to
the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce,
coming into force from January 01, 2022.
[36] This Point is amended according to Point b Clause 17
Article 1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to
the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce,
coming into force from January 01, 2022.
[37] This Clause is abrogated according to Clause 1 Article 2
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[38] This Clause is amended according to Clause 1 Article 10
of the Government’s Decree No. 08/2018/ND-CP providing amendments to certain
Decrees related to business conditions under state management of the Ministry
of Industry and Trade, coming into force from January 15, 2018.
[39] This Clause is abrogated according to Article 11 of the
Government’s Decree No. 08/2018/ND-CP providing amendments to certain Decrees
related to business conditions under state management of the Ministry of
Industry and Trade, coming into force from January 15, 2018.
[40] This Clause is amended according to Clause 18 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[41] This Clause is amended according to Clause 2 Article 10
of the Government’s Decree No. 08/2018/ND-CP providing amendments to certain
Decrees related to business conditions under state management of the Ministry
of Industry and Trade, coming into force from January 15, 2018.
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[43] This Point is amended according to Clause 19 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[44] This Point is abrogated according to Article 11 of the
Government’s Decree No. 08/2018/ND-CP providing amendments to certain Decrees
related to business conditions under state management of the Ministry of
Industry and Trade, coming into force from January 15, 2018.
[45] This Point is amended according to Clause 20 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the Government’s
Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force
from January 01, 2022.
[46] This Clause is amended according to Clause 21 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[47] This Clause is abrogated according to Clause 1 Article
2 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[48] This Point is amended according to Clause 3 Article 10
of the Government’s Decree No. 08/2018/ND-CP providing amendments to certain
Decrees related to business conditions under state management of the Ministry
of Industry and Trade, coming into force from January 15, 2018.
[49] This Article is abrogated according to Clause 1 Article
2 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[50] This Article is amended according to Clause 22 Article
1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[51] The phrase “thủ tục xin cấp phép” (“procedures for
licensing”) is abrogated according to Clause 2 Article 2 of the Government’s
Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No.
52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January
01, 2022.
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[53] This Section is added according to Clause 24 Article 1
of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.
[54] The phrase “chấm dứt hoặc bị thu hồi giấy phép”
(“having licenses invalidated or revoked”) is abrogated according to Clause 2
Article 2 of the Government’s Decree No. 85/2021/ND-CP providing amendments to
the Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce,
coming into force from January 01, 2022.
[55] The phrase “tước quyền sử dụng giấy phép” (“revoke
licenses”) is abrogated according to Clause 2 Article 2 of the Government’s
Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No.
52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January
01, 2022.
[56] Article 19 of the Government’s Decree No. 08/2018/ND-CP
providing amendments to certain Decrees related to business conditions under
state management of the Ministry of Industry and Trade, coming into force from
January 15, 2018, stipulates as follows:
“Article 19. Effect and
implementation
1. This
Decree comes into force from the date on which it is signed.
2. Ministers,
heads of ministerial agencies, heads of Governmental agencies, and Chairpersons
of Provincial People’s Committees shall implement this Decree./.”
Article 3 of the Government’s
Decree No. 85/2021/ND-CP providing amendments to the Government’s Decree No.
52/2013/ND-CP dated May 16, 2013 on e-commerce, coming into force from January
01, 2022, stipulates as follows:
“Article 3. Implementation
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2. Transition:
a) Within 180 days from the effective
date of this Decree, traders, organizations and individuals performing
e-commerce activities that have their applications for registration or
notifications certified by the Ministry of Industry and Trade in accordance
with the Decree No. 52/2013/ND-CP must follow procedures for provision of
additional information or registration as prescribed in this Decree;
b) Traders, organizations and
individuals performing e-commerce activities that have submitted applications
for notification or registration which have not been processed by the Ministry
of Industry and Trade before the effective date of this Decree shall follow
procedures for notification and registration according to this Decree.
c) Within 12 months from the
effective date of this Decree, the traders and organizations specified in
Article 67a, Article 67c must follow procedures and fulfill obligations as
prescribed in this Decree.
3. Ministers,
heads of ministerial agencies, heads of Governmental agencies, and Chairpersons
of provincial People’s Committees shall implement this Decree.”
[57] This Article is amended according to Clause 25 Article
1 of the Government’s Decree No. 85/2021/ND-CP providing amendments to the
Government’s Decree No. 52/2013/ND-CP dated May 16, 2013 on e-commerce, coming
into force from January 01, 2022.