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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 request from a
competent authority;
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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
contract 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 contract 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;
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The Law on Quality of Goods and Products dated
November 21, 2007;
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:
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The Civil Code dated November 24, 2015;
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;
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[2] This Article is amended according to Clause 1
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.
[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.
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[12] 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.
[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.
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[22] This Article is amended according to
Clause 12 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.
[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.
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[32] 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.
[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.
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[42] 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.
[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.
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[52] This Point is added according to
Clause 23 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.
[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:
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1. This Decree comes into
force from January 01, 2022.
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.