Consolidated Document number 20/VBHN-BCT on the management of electronic commerce websites

MINISTRY OF INDUSTRY AND TRADE --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 20/VBHN-BCT	Hanoi, March 18, 2020

CIRCULAR

REGULATIONS ON MANAGEMENT OF ELECTRONIC COMMERCE WEBSITES

Circular No. 47/2014/TT-BCT dated December 5, 2014, issued by the Minister of Industry and Trade on the management of electronic commerce websites, which took effect from January 20, 2015, has been amended and supplemented by:

1. Circular No. 04/2016/TT-BCT dated June 6, 2016, issued by the Minister of Industry and Trade amending and supplementing several circulars of the Minister of Industry and Trade regarding administrative procedures in the field of electronic commerce, chemicals, alcohol production and business, franchising, commodity trading through commodity exchanges, energy, food safety, and electricity, which took effect from July 20, 2016;

2. Circular No. 21/2018/TT-BCT dated August 20, 2018, issued by the Minister of Industry and Trade amending some articles of Circular No. 47/2014/TT-BCT dated December 5, 2014, of the Ministry of Industry and Trade on the management of electronic commerce websites and Circular No. 59/2015/TT-BCT dated December 31, 2015, of the Ministry of Industry and Trade on the management of electronic commerce activities through applications on mobile devices, which took effect from October 18, 2018;

3. Circular No. 42/2019/TT-BCT dated December 18, 2019, issued by the Minister of Industry and Trade amending and supplementing some provisions on periodic reporting regimes in circulars issued by the Minister of Industry and Trade or jointly issued, which took effect from February 5, 2020.

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 52/2013/NĐ-CP dated May 16, 2013, of the Government on electronic commerce;

Pursuant to Decree No. 59/2006/NĐ-CP dated June 12, 2006, of the Government detailing the Law on Commerce regarding goods and services prohibited from trade, restricted trade, and conditional trade;[1]

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular provides detailed guidance for implementing certain provisions of Decree No. 52/2013/NĐ-CP dated May 16, 2013, of the Government on electronic commerce (hereinafter referred to as Decree No. 52/2013/NĐ-CP), concerning business activities on electronic commerce websites, the procedures and formalities for notifying and registering electronic commerce websites, registering activities to assess the credibility of electronic commerce websites, and publishing information on the Portal for Managing Electronic Commerce Activities.

2. This Circular does not apply to websites operating in the financial, banking, credit, insurance sectors; websites for buying and selling, exchanging money, gold, foreign exchange, and other payment instruments; websites providing online gaming services, betting services, or games with prizes. These websites are subject to the corresponding specialized laws.

Article 2. Applicability

This Circular applies to:

1. Business entities, organizations, and individuals establishing electronic commerce websites for selling goods.

2. Business entities, organizations establishing websites to provide electronic commerce services.

3. Sellers on websites providing electronic commerce services.

4. Business entities, organizations engaged in assessing the credibility of electronic commerce websites.

5. Organizations and individuals performing online feedback on the Portal for Managing Electronic Commerce Activities.

Article 3. Business activities involving restricted goods or goods and services subject to conditional business on electronic commerce websites

1. Business entities, organizations, and individuals shall not use electronic commerce websites to engage in the sale of restricted goods as follows:

a) Hunting rifles and hunting ammunition, sports weapons, and support tools;

b) Cigarettes, cigars, and other finished tobacco products;

c) Various types of alcoholic beverages;

d) Rare wild plants and animals, including live specimens and processed parts thereof;

đ) Other restricted goods as prescribed by law.

2. A business entity setting up a website to sell goods and services listed in the catalog of goods and services subject to conditional business must publish on its website the number, date of issuance, and place of issuance of the Certificate of Eligibility for Business for such goods and services.

Article 4. Responsibilities of traders and organizations providing electronic commerce services

1. Comply with the provisions stipulated in Article 36 of Decree No. 52/2013/NĐ-CP.

2. Require traders, organizations, and individuals who are sellers on electronic commerce trading platforms to provide information as prescribed in Clause 1, Clause 2, and Clause 3 of Article 29 of Decree No. 52/2013/NĐ-CP when registering to use the service.

3. Block and remove from the website information about selling goods and services that fall under the list of prohibited goods and services according to the law and restricted goods and services as stipulated in Clause 1 of Article 3 of this Circular.

4. Remove from the website information about selling counterfeit goods, imitation goods, smuggled goods, goods infringing intellectual property rights, and other goods and services violating the law upon discovery or receipt of credible reports regarding such information.

5. Require sellers of goods and services listed in the category of conditional business activities on their websites to provide a Business Condition Compliance Certificate for those goods and services (in cases where the law requires a Business Condition Compliance Certificate).

Article 5. Responsibilities for Implementing Notification and Registration Procedures of Traders, Organizations, and Individuals Owning Electronic Commerce Websites

1. Traders, organizations, and individuals establishing electronic commerce websites for selling goods must notify the Ministry of Industry and Trade in accordance with Section 1, Chapter II of this Circular.

2. Traders and organizations establishing electronic commerce websites for providing electronic commerce services must register with the Ministry of Industry and Trade in accordance with Section 2, Chapter II of this Circular.

3. Traders and organizations establishing electronic commerce websites that are both electronic commerce sales websites and electronic commerce service provision websites must notify and register with the Ministry of Industry and Trade in accordance with Chapter II of this Circular.

Article 6. Management of Business Activities on Social Networks

1. Social networks operating under any of the forms specified in points a, b, and c of Clause 2 of Article 35 of Decree No. 52/2013/NĐ-CP must register with the Ministry of Industry and Trade in the form of an electronic commerce trading platform.

2. Traders and organizations establishing social networks as stipulated in Clause 1 of this Article must fulfill the responsibilities of traders and organizations providing electronic commerce trading platform services as prescribed by law.

3. Sellers on social networks as stipulated in Clause 1 of this Article must comply with the provisions set forth in Article 37 of Decree No. 52/2013/NĐ-CP.

Article 7. Forms of Online Promotional Websites

Online promotional websites as stipulated in Clause 10 of Article 3 of Decree No. 52/2013/NĐ-CP include:

1. Websites operating under the forms specified in points a and b of Clause 2 of Article 39 of Decree No. 52/2013/NĐ-CP.

2. Websites conducting promotions for goods of other traders, organizations, and individuals under the terms of service promotion contracts in the following forms:

a) Giving away goods or providing samples for customers to try without charge;

b) Selling goods at a lower price than the previous selling price, applicable for a certain period or for a certain number of customers;

c) Other forms as prescribed by laws on promotions.

Chapter II

PROCEDURES FOR NOTIFICATION AND REGISTRATION OF ELECTRONIC COMMERCE WEBSITES

Section 1. ANNOUNCEMENT OF ELECTRONIC COMMERCE WEBSITE FOR SALES

Article 8.

[2]

(Repealed)

Article 9. Notification Process

1. The Ministry of Industry and Trade shall receive and process notifications for electronic commerce websites for sales through the online portal at the address www.online.gov.vn.

2. Merchants, organizations, or individuals establishing electronic commerce websites for sales shall access the Portal for Management of Electronic Commerce Activities and follow these steps:

Step 1: Merchants, organizations, or individuals shall register an account to log into the system by providing the following information:

- Name of merchant, organization, or individual;

- Business registration number of the merchant or establishment decision number of the organization or individual tax code;

- Field of business/activity;

- Head office address of the merchant or organization or permanent residence address of the individual;

- Contact information.

Step 2: Within three working days, merchants, organizations, or individuals shall receive results from the Ministry of Industry and Trade via the registered email address regarding one of the following contents:

- If the account registration information is complete, the merchant, organization, or individual will be granted an account to log into the system and proceed to Step 3;

- If the account registration is rejected or requires additional information, the merchant, organization, or individual must re-register or supplement the required information.

Step 3: After being granted an account to log into the system, merchants, organizations, or individuals shall log in, select the function to notify the electronic commerce website for sales, and report information according to the template.

Step 4: Within three working days, merchants, organizations, or individuals shall receive feedback from the Ministry of Industry and Trade via the registered email address regarding one of the following contents:

- Confirmation that the reported information is complete and valid;

- Indication that the reported information is incomplete or invalid. In this case, merchants, organizations, or individuals must return to Step 3 to report again or supplement the required information.

3. Merchants, organizations, or individuals are responsible for monitoring the status of their application through emails or the accessed system account to update and correct information as required.

4. Within ten working days from receiving the notification requesting additional information at Step 4 as stipulated in Clause 2 of this Article, if there is no response from the merchant, organization, or individual, the notification application will be terminated and must be resubmitted from Step 3.

Article 10. Confirmation of Notification

1. Time for confirmation of notification: Three working days from the date of receipt of a complete and valid notification application from the merchant, organization, or individual.

2. Upon confirming the notification, the Ministry of Industry and Trade will send a code segment to the merchant, organization, or individual via the registered email address to be embedded on the electronic commerce website for sales, displayed as a notification icon. When this icon is selected, users will be directed to the corresponding notification information section of the merchant, organization, or individual on the Portal for Management of Electronic Commerce Activities.

Article 11. Modification and Termination of Notified Information

1. In cases where there is a change in any of the information specified in Clause 2 of Article 53 of Decree No. 52/2013/ND-CP or cessation of operations of the notified electronic commerce website for sales, the merchant, organization, or individual must notify the Ministry of Industry and Trade within seven working days from the date of the information change or cessation of operations.

2. Modification and termination of notified information about the electronic commerce website for sales shall be conducted online through the system access account obtained when the merchant, organization, or individual follows the notification procedures stipulated in Article 9 of this Circular.

3. Time for confirmation of modification and termination of notified information: Three working days from the date of receipt of a complete and accurate notification sent by the merchant, organization, or individual to the Ministry of Industry and Trade as stipulated in Clause 2 of this Article.

Article 12. Updating Periodic Notification Information

1. Once a year from the date of confirmation of notification, traders, organizations, and individuals have the obligation to update notification information by accessing their account on the Portal for Managing E-commerce Activities and declaring information according to the form.

2. Within ten days from the date they must perform the obligation to update information, if traders, organizations, or individuals do not proceed with updating, the Ministry of Industry and Trade will send a reminder notice through the trader's, organization's, or individual's account on the Portal for Managing E-commerce Activities. Within fifteen days from the date of sending the reminder notice, if traders, organizations, or individuals still do not respond, the Ministry of Industry and Trade will cancel the notification information on the Portal for Managing E-commerce Activities.

Section 2. REGISTRATION OF WEBSITES PROVIDING E-COMMERCE SERVICES

Article 13. Registration Subjects

[3]

The registration subjects are traders or organizations that have e-commerce websites providing at least one of the following services:

1. E-commerce trading platform service.

2. Online promotional service.

3. Online auction service.

Article 14. Registration Documents

1. Application for registering an e-commerce service-providing website (according to Form TMĐT-1 attached hereto).

2. A copy from the original book or a certified copy or a copy presented together with the original for verification of the Decision on Establishment (for organizations), Business Registration Certificate or Investment Certificate (for traders). Individuals or organizations directly handling administrative procedures at competent authorities or organizations may choose to submit one of the three forms of copies above.

3. Proposal for providing services as prescribed in Clause 3, Article 54 of Decree No. 52/2013/ND-CP.

4. Regulations governing the operation of the e-commerce service-providing website including the following contents:

a) Contents prescribed in Article 38 of Decree No. 52/2013/ND-CP;

b) Mechanism for handling and time limit for handling when receiving reports about illegal business activities on the e-commerce service-providing website.

5. Sample service contracts or cooperation agreements between the owner of the e-commerce service-providing website and other traders, organizations, or individuals participating in buying and selling goods or providing services on the website.

6. General terms and conditions applicable to the buying and selling of goods or provision of services on the website (if any).

Article 15. Registration Process

1. The acceptance and processing of applications for registering e-commerce service-providing websites are carried out online by the Ministry of Industry and Trade at the Portal for Managing E-commerce Activities at the address www.online.gov.vn.

2. To declare the application, traders and organizations need to access the Portal for Managing E-commerce Activities and proceed with the following steps:

Step 1: Traders and organizations register an account to log into the system by providing the following information:

- Name of the trader or organization;

- Business registration number of the trader, establishment decision number of the organization;

- Field of business/activity;

- Address of the headquarters of the trader or organization;

- Contact information.

Step 2: Within three working days, traders and organizations will receive results from the Ministry of Industry and Trade via the registered email address regarding one of the following contents:

- If the account registration information is complete, the business or organization will be granted a login account and proceed to Step 3;

- If the account registration is rejected or additional information is requested, the business or organization must re-register or provide additional information as required.

Step 3: After being granted an account to log into the system, traders and organizations proceed to log in, select the function "Register Website Providing E-commerce Services," declare information according to the form, and attach the registration documents as prescribed in Article 14 of this Circular.

Step 4: Within seven working days, traders and organizations will receive feedback from the Ministry of Industry and Trade via the registered email address regarding one of the following contents:

- Confirmation that the registration dossier is complete and valid, and request the trader or organization to proceed to Step 5;

- Notification that the registration dossier is invalid or requires additional information. In this case, the trader or organization returns to Step 3 to re-declare or supplement the required information and dossier.

Step 5: Upon receiving the notification confirming that the application is complete and valid, traders and organizations shall submit to the Ministry of Industry and Trade (E-commerce and Digital Economy Department) a complete set of registration documents (in paper form) as prescribed in Article 14 of this Circular.

3. Traders and organizations are responsible for monitoring the status of document processing via email or the system login account provided to make updates and corrections as required.

4. Within thirty working days from the date of receipt of the request for additional information at Step 4 as prescribed in Clause 2 of this Article, if traders or organizations do not respond, the registration process on the system will be terminated, and traders or organizations must re-register from the beginning.

Article 16. Confirmation of Registration

1. Time for confirmation of registration: five working days from the date of receipt of a complete and valid paper application file submitted directly or via postal service to the Ministry of Industry and Trade (Electronic Commerce and Digital Economy Department [6]) upon completion of the registration process as stipulated in Clause 2, Article 15 of this Circular. In case the paper application file does not match the materials and information declared online through the access account to the system, the Ministry of Industry and Trade will notify the trader or organization at the email address registered for them to complete the application file.

2. When confirming the registration, the Ministry of Industry and Trade will send to the trader or organization, at the registered email address, a code segment to be attached to the website providing electronic commerce services, displayed as a registration icon. Upon selecting this icon, users will be directed to the corresponding registration information section of the trader or organization on the Portal for Management of Electronic Commerce Activities.

Article 17. Amendment and Supplement of Registered Information

1. In case there is a change in any of the information related to the website providing electronic commerce services that has been registered as prescribed in Clause 1, Article 56 of Decree No. 52/2013/ND-CP, the trader or organization must notify the Ministry of Industry and Trade within seven working days from the date of the information change.

2. The notification shall be made online through the access account to the system that has been issued or by sending a written notice directly or via postal service to the Ministry of Industry and Trade (Electronic Commerce and Digital Economy Department [7]), accompanied by copies of relevant documents and materials proving the change (if any).

3. Within seven working days from the date of receiving a complete and accurate notification from the trader or organization as prescribed in Clause 2 of this Article, the Ministry of Industry and Trade will examine and confirm or not confirm the amended or supplemented information and provide feedback to the trader or organization through the issued access account; in case of non-confirmation, the reasons must be clearly stated.

Article 18. Withdrawal and Termination of Registration

1. The Ministry of Industry and Trade terminates the registration for websites providing electronic commerce services as prescribed in Clause 3, Article 56 of Decree No. 52/2013/ND-CP.

2. Traders or organizations establishing electronic commerce websites when ceasing operations or transferring the website must notify the Ministry of Industry and Trade seven working days in advance to terminate the registration. This notification shall be made online through the access account to the system that was used during the registration process or by sending a written notice directly or via postal service to the Ministry of Industry and Trade (Electronic Commerce and Digital Economy Department [8]).

3. Traders or organizations will have their registration for websites providing electronic commerce services canceled in the following cases:

a) Engaging in prohibited activities in electronic commerce as prescribed in Article 4 of Decree No. 52/2013/ND-CP;

b) Failing to fulfill reporting obligations as prescribed in Article 57 of Decree No. 52/2013/ND-CP and continuing to repeat such violations after being reminded;

c) Being suspended from electronic commerce activities pursuant to a decision by a competent state agency to handle violations;

d) Failing to fulfill responsibilities as prescribed in Article 4 of this Circular and continuing to repeat such violations after being reminded.

4. Information about websites providing electronic commerce services whose registrations have been canceled will be published on the Portal for Management of Electronic Commerce Activities.

Article 19. Re-registration for websites providing electronic commerce services

1. Businesses and organizations that receive the transfer of websites providing electronic commerce services must re-register according to the procedures specified in Article 15 of this Circular.

2. The time limit for businesses and organizations to complete re-registration shall not exceed thirty days from the date of receiving the transfer of the website providing electronic commerce services.

3. Websites providing electronic commerce services that have had their registration canceled under the cases stipulated at points b, c, and d Clause 3 Article 18 of this Circular may reapply for registration when meeting the following conditions:

a) Have remedied the violations leading to the cancellation of registration or have completed the suspension period of electronic commerce activities as decided by competent state agencies.

b) Meet the conditions for establishing websites providing electronic commerce services as prescribed in Article 54 of Decree No. 52/2013/NĐ-CP.

Article 20. Obligation to submit periodic reports by businesses and organizations that have registered websites providing electronic commerce services

1. Before January 15 each year, businesses and organizations establishing websites providing electronic commerce services must report to the Ministry of Industry and Trade statistical data on the operation status of the previous year.

2. Reporting shall be conducted online through the account of the business or organization at the Portal for Managing Electronic Commerce Activities or in the form of a written document sent via postal service.

3. To serve inspection and supervision work by state management agencies or to clarify information reported by organizations or individuals as stipulated in Article 32 of this Circular, businesses and organizations establishing websites providing electronic commerce services are obligated to explain and provide information about their activities on the website when requested by the Ministry of Industry and Trade.

Chapter III

PROCEDURES FOR REGISTRATION OF ACTIVITIES TO ASSESS THE CREDIT WORTHINESS OF ELECTRONIC COMMERCE WEBSITES

Article 21.

[9]

(Repealed)

Article 22. Registration Documents

1. Application for registration of activities to assess the creditworthiness of electronic commerce websites (according to Model TMĐT-2 attached to this Circular).

2.[10] A copy from the original book or a certified copy or a copy presented with the original for verification of the Decision on Establishment (for organizations), Business Registration Certificate or Investment Certificate (for businesses). Individuals and organizations directly handling administrative procedures at agencies or organizations may choose to submit one of the three forms of copies above.

3. Proposal for activities to assess the creditworthiness of electronic commerce websites including the following minimum contents:

a) Official name of the credit assessment program for electronic commerce websites;

b) Purpose of the activities to assess the creditworthiness of electronic commerce websites;

c) Explanation of experience and capability suitable for credit assessment activities;

d) Scope of credit assessment appropriate to the scope of business operations of the business or organization;

đ) Time and frequency of conducting credit assessment activities;

e) Objectives or types of electronic commerce websites to be assessed for creditworthiness;

g) Criteria applied to assess an electronic commerce website, which must include criteria for electronic commerce websites that have completed notification or registration with the Ministry of Industry and Trade as prescribed in Decree No. 52/2013/NĐ-CP;

h) Procedures and methods for assessing an electronic commerce website;

i) Methods of organizing credit assessment activities and selecting personnel to carry out the assessment;

k) Design of the trust symbol to be affixed to electronic commerce websites that have been assessed;

l) Plan for monitoring the activities of electronic commerce websites that have been affixed with the trust symbol;

m) Rights and obligations of the credit assessor and the website owner being assessed.

Article 23. Registration Procedure

1. The Ministry of Industry and Trade shall receive and process registration files for the operation of website trust evaluation services of electronic commerce businesses through the online portal at the address www.online.gov.vn.

2. To declare the application, traders and organizations need to access the Portal for Managing E-commerce Activities and proceed with the following steps:

Step 1: Traders and organizations register an account to log into the system by providing the following information:

- Name of the trader or organization;

- Business registration number of the trader or establishment decision number of the organization;

- Field of business/activity;

- Address of the headquarters of the trader or organization;

- Contact information, including telephone number, fax, email address.

Step 2: Within three working days, traders and organizations will receive results from the Ministry of Industry and Trade via the registered email address regarding one of the following contents:

- If the account registration information is complete, the business or organization will be granted a login account and proceed to Step 3;

- If the account registration is rejected or additional information is requested, the business or organization must re-register or provide additional information as required.

Step 3: The trader or organization logs into their account on the system, selects the function to register for website trust evaluation service operations, fills out the information according to the form specified in Article 22 of this Circular, and attaches the registration file as prescribed in Article 22 of this Circular.

Step 4: Within 15 working days, the trader or organization will receive feedback from the Ministry of Industry and Trade via email regarding one of the following contents:

- Confirmation that the registration dossier is complete and valid, and request the trader or organization to proceed to Step 5;

- Notification that the registration dossier is invalid or requires additional information. In this case, the trader or organization returns to Step 3 to re-declare or supplement the required information and dossier.

Step 5: After receiving confirmation that the submitted file is complete and valid, the trader or organization sends the complete registration file (in paper form) to the Ministry of Industry and Trade (Electronic Commerce and Digital Economy Department[11]) as prescribed in Article 22 of this Circular.

3. Traders and organizations are responsible for monitoring the status of document processing via email or the system login account provided to make updates and corrections as required.

4. Within thirty working days from the date of receipt of the request for additional information at Step 4 as prescribed in Clause 2 of this Article, if traders or organizations do not respond, the registration process on the system will be terminated, and traders or organizations must re-register from the beginning.

Article 24. Confirmation of Registration

1. Time for registration confirmation: 7 working days from the date of receipt of the complete and valid paper registration file sent directly or by post to the Ministry of Industry and Trade (Electronic Commerce and Digital Economy Department[12]) upon completion of the registration procedure as stipulated in Clause 2, Article 23 of this Circular. In case the paper file sent does not match the documents and information previously declared online, the Ministry of Industry and Trade will notify the trader or organization via the email address registered for them to complete the file.

2. Upon confirming the registration, the Ministry of Industry and Trade will send a notification about the registration confirmation to the trader or organization via the registered email address, simultaneously listing the name of the trader or organization providing trust evaluation services on the online portal for managing e-commerce activities.

3. After being confirmed for registration, the trust symbol of the trader or organization evaluating trust on e-commerce websites along with the list of websites displaying this symbol will be published on the online portal for managing e-commerce activities.

Article 25. Modification and Supplement of Registered Information

1. The trader or organization evaluating trust on e-commerce websites must notify modifications and supplements to the registered information within 7 working days from the date of any of the following changes:

a) Change of the name of the trader or organization;

b) Change of the representative of the trader or organization; change of the person responsible for the operation of trust evaluation on e-commerce websites;

c) Change of the business office address or contact information;

d) Change of criteria and procedures for evaluating trust on e-commerce websites or other contents of the project for trust evaluation on e-commerce websites as stipulated in Clause 3, Article 22 of this Circular.

2. Notification of modification and supplement of registered information is carried out online through the access account provided when registering or by sending a written notice directly or by post to the Ministry of Industry and Trade (Electronic Commerce and Digital Economy Department[13]), accompanied by copies of documents and materials proving the change (if any).

3. Within seven working days from the date of receiving a complete and accurate notification from the trader or organization as prescribed in Clause 2 of this Article, the Ministry of Industry and Trade will examine and confirm or not confirm the amended or supplemented information and provide feedback to the trader or organization through the issued access account; in case of non-confirmation, the reasons must be clearly stated.

Article 26. Revocation and Termination of Registration

1. The Ministry of Industry and Trade shall terminate registration for traders and organizations that assess trustworthiness of e-commerce websites in the following cases:

a) At the request of such trader or organization;

b) The trader or organization ceases to operate the assessment of trustworthiness of e-commerce websites;

c) The trader or organization registers to conduct regular and continuous assessment of trustworthiness but does not carry out this activity for over one year;

d) The trader or organization assessing trustworthiness of e-commerce websites fails to fulfill obligations as prescribed in Clause 4, Article 61 of Decree No. 52/2013/NĐ-CP and continues to commit repeated violations after being reminded;

đ) The trader or organization assessing trustworthiness of e-commerce websites has their registration revoked according to Clause 2, Article 61 of Decree No. 52/2013/NĐ-CP;

2. Before January 15 each year, traders and organizations assessing trustworthiness of e-commerce websites must report the results of their trustworthiness assessment activities of the previous year to the Ministry of Industry and Trade (Electronic Commerce and Digital Economy Department) through postal services or online via their account on the Portal for Managing E-commerce Activities, using forms TMĐT-3 and TMĐT-4 attached to this Circular.

3. When terminating or revoking registration, the Ministry of Industry and Trade will remove the name of the trader or organization from the list of registered traders and organizations assessing trustworthiness of e-commerce websites, and simultaneously delete the trust symbol of the trader or organization along with the list of websites bearing this symbol on the Portal for Managing E-commerce Activities.

Article 27. Obligation to Report Periodically by Traders and Organizations Assessing Trustworthiness of E-commerce Websites

1. Before the 5th day of each month, traders and organizations must update on the Portal for Managing E-commerce Activities the list of e-commerce websites to which they have affixed trust symbols up to the end of the previous month.

2. [15] Before January 15 each year, traders and organizations assessing trustworthiness of e-commerce websites must report the results of their trustworthiness assessment activities of the previous year to the Ministry of Industry and Trade (Electronic Commerce and Digital Economy Department) through postal services or online via their account on the Portal for Managing E-commerce Activities, using forms TMĐT-3 and TMĐT-4 attached to this Circular.

3. To serve the inspection and supervision work of state management agencies or to clarify information reported by organizations or individuals as stipulated in Article 31 of this Circular, traders and organizations assessing trustworthiness of e-commerce websites must provide reports and supply information about websites to which they have affixed trust symbols when requested by the Ministry of Industry and Trade.

Chapter IV

ANNOUNCEMENT OF INFORMATION ON THE PORTAL FOR MANAGING E-COMMERCE ACTIVITIES

Article 28. Announcement of List of E-commerce Websites That Have Completed Notification and Registration Procedures

1. Immediately after an e-commerce website completes notification or registration procedures as prescribed in this Circular and receives confirmation from the Ministry of Industry and Trade, information about the website will be included in the list of notified or registered e-commerce websites for public announcement on the Portal for Managing E-commerce Activities.

2. Information announced includes information prescribed in Clause 2, Article 65 of Decree No. 52/2013/NĐ-CP.

3. When an e-commerce service website is terminated or its registration is revoked, information about the website will be removed from this list and transferred to the list of websites that have terminated registration or moved into the list of websites violating legal provisions as stipulated in Article 30 of this Circular.

Article 29. Publication of List of Merchants and Organizations Evaluating Trustworthiness of E-commerce Websites that Have Completed Registration Procedures

1. Immediately after merchants and organizations evaluating trustworthiness of e-commerce websites complete registration procedures as stipulated in this Circular and receive confirmation from the Ministry of Industry and Trade, information about these merchants and organizations will be included in the list of registered merchants and organizations evaluating trustworthiness of e-commerce websites to be publicly announced on the Portal for Management of E-commerce Activities.

2. The published information includes the information prescribed in Clause 2, Article 66 of Decree No. 52/2013/ND-CP.

3. When registration is terminated or revoked, information about merchants and organizations evaluating trustworthiness of e-commerce websites will be removed from this list and transferred to the terminated registration status or moved to the list of merchants and organizations violating legal provisions.

Article 30. Publication of List of E-commerce Websites Violating Legal Provisions

1. The Ministry of Industry and Trade publishes on the Portal for Management of E-commerce Activities the list of e-commerce websites violating laws as prescribed in Article 4 of Decree No. 52/2013/ND-CP and regulations on administrative violations in e-commerce.

2. The information to be announced includes:

a) Name of the e-commerce website;

b) Name and information of the merchant, organization, or individual owning the website;

c) Violation behavior of the merchant, organization, or individual.

Article 31. Receiving Feedback Information and Publishing List of E-commerce Websites Reflected to Have Signs of Violating Legal Provisions

1. The Ministry of Industry and Trade receives feedback from organizations and individuals regarding the following behaviors on e-commerce websites:

a) Violations of regulations on notification and registration of e-commerce websites;

b) Violations of regulations on contract formation in e-commerce as stipulated in Decree No. 52/2013/ND-CP;

c) Violations of regulations on responsibilities of owners of e-commerce websites selling goods or service providers in e-commerce as stipulated in Decree No. 52/2013/ND-CP;

d) Violations of regulations on protection of personal information and payment security in e-commerce as stipulated in Decree No. 52/2013/ND-CP;

đ) Other violations prescribed in Article 4 of Decree No. 52/2013/ND-CP.

2. Organizations and individuals implement feedback online on the Portal for Management of E-commerce Activities at the address www.online.gov.vn. When providing feedback, organizations and individuals must provide the following minimum information:

a) Full name, national identity card number, residential address, phone number, and email address of the person providing feedback;

b) Address of the e-commerce website where the reflected behavior occurred;

c) Reflected behavior;

d) Summary of the feedback content;

đ) Documents and evidence proving the violation behavior (if available).

3. Within five working days, organizations and individuals providing feedback will receive a response from the Ministry of Industry and Trade via the provided email address regarding one of the following contents:

- Confirmation that the feedback information is complete, valid, and counted towards the number of feedbacks prescribed in point a, Clause 4 of this Article;

- Notification that the feedback information is invalid or request for additional information.

4. The publication of feedback information for an e-commerce website on the Portal for Management of E-commerce Activities shall be carried out as follows:

a) An e-commerce website receiving more than five (five) feedback opinions from different organizations and individuals regarding one or more behaviors specified in Clause 1 of this Article will receive a notification from the Ministry of Industry and Trade requesting an explanation of the aforementioned feedback opinions.

b) After ten working days from the date of receipt of the explanation request from the Ministry of Industry and Trade, if the merchant, organization, or individual owning the e-commerce website does not respond or cannot explain the feedback opinions, then that website will be placed on the list of e-commerce websites reflected to have signs of violating legal provisions and may be subject to administrative penalties according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 32. Responsibility for Implementation

1. The Minister of Industry and Trade assigns the E-commerce and Digital Economy Department[16] to carry out procedures for notification, registration of e-commerce websites, registration of activities evaluating trustworthiness of e-commerce websites, and publication of information on the Portal for Management of E-commerce Activities according to the provisions of this Circular.

2. Relevant agencies and units under the Ministry of Industry and Trade are responsible for coordinating to participate in state management of e-commerce activities within their authority.

3. Provincial Departments of Industry and Trade within the scope of their functions and powers shall coordinate with the E-commerce and Digital Economy Department[17] in reviewing and verifying notification and registration information; monitoring, updating, and publishing information on the Portal for Management of E-commerce Activities.

Article 33. Effective Date

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1. This Circular takes effect from January 20, 2015.

2. This Circular replaces Circular No. 12/2013/TT-BCT dated June 20, 2013 of the Ministry of Industry and Trade prescribing procedures for notification, registration, and publication of information related to e-commerce websites.

3. Merchants, organizations, and individuals who have conducted notifications and registrations according to Circular No. 12/2013/TT-BCT must supplement their application information to comply with the provisions of this Circular within ninety days from the effective date of this Circular.

4. During the implementation of this Circular, if any issues arise, merchants or relevant organizations should promptly reflect them to the Ministry of Industry and Trade for consideration and resolution./.

CERTIFIED CONSOLIDATED DOCUMENT THE MINISTER Tran Tuan Anh

ANNEX

Forms issued together with Circular No. 47/2014/TT-BCT dated December 5, 2014 of the Minister of Industry and Trade

1. Application for Registration of E-commerce Website Providing E-commerce Services (Form TMĐT-1).

2. Application for Registration of Activities Evaluating Trustworthiness of E-commerce Websites (Form TMĐT-2).

3.[19] Template for Report on the Operation Status of E-commerce Website Providing E-commerce Services/Application Providing E-commerce Services (Form TMĐT-3).

4.[20] Template for Report on Evaluation Results of Trustworthiness of E-commerce Websites (Form TMĐT-4).

FORM TMĐT-1

NAME OF TRADER, ORGANIZATION --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.:...	..., date..., month..., year...

APPLICATION FOR REGISTRATION OF E-COMMERCE WEBSITE PROVIDING E-COMMERCE SERVICES

Respectfully submitted to: Directorate of E-commerce and Digital Economy[21] - Ministry of Industry and Trade

1. Name of business entity, organization owning the e-commerce service website:

- Registered name:

- Trading name:

2. Number, date of issuance, place of issuance of Enterprise Registration Certificate or Investment Certificate (for businesses) or Decision on Establishment (for organizations):

Type of Business Registration Certificate/Establishment Decision:

Number: Date of issuance: Place of issuance:

3. Name and position of representative of the business/organization: …

4. Name and position of person responsible for the e-commerce service website: …

5. Internet domain name of the e-commerce service website: …

6. Type of services provided on the website:

□ Online marketplace service

□ Online promotional service

□ Online auction service

□ Other services (please specify: …)

7. Main types of goods or services traded on the website:

□ Electronics, household appliances □ Computers, telephones, office equipment □ Cars, motorcycles, bicycles □ Fashion, cosmetics, health care products □ Industrial, construction □ Interior and exterior equipment □ Real estate

□ Books, office supplies □ Flowers, gifts, toys □ Food and beverages □ Accommodation and tourism services □ Employment services □ Other services □ Other goods

8. Service provider for hosting: …

9. Number of staff managing and supervising activities on the website: …

10. Headquarter address: …

Telephone: Fax: Email:

Place of Receipt: - As above; - Managing authority (if any); - To be filed:

SIGNATURE OF LEGAL REPRESENTATIVE (Signature, stamp)

FORM TMĐT-2

NAME OF TRADER, ORGANIZATION --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.:...	..., date..., month..., year...

APPLICATION FOR REGISTRATION OF ACTIVITIES TO EVALUATE THE CREDITABILITY OF E-COMMERCE WEBSITES

Respectfully submitted to: Directorate of E-commerce and Digital Economy[22] - Ministry of Industry and Trade

1. Name of business entity, organization evaluating the creditability of e-commerce websites:

- Registered name:

- Trading name:

2. Number, date of issuance, place of issuance of Enterprise Registration Certificate or Investment Certificate (for businesses) or Decision on Establishment (for organizations):

Type of Business Registration Certificate/Establishment Decision:

Number: Date of issuance: Place of issuance:

3. Main field of operation of the business/organization:…

4. Name and position of representative of the business/organization:…

5. Name of supervisory agency (if any):…

6. Name and position of person primarily responsible for the activity of evaluating the creditability of e-commerce websites: …

7. Official name of the creditability evaluation program:…

8. Target or type of e-commerce websites to be evaluated:…

9. Time and frequency of conducting creditability evaluation activities for e-commerce websites:

o Once (specify the time of implementation:…)

o Periodically within a period (specify:…)

o Continuously with a term (specify the term:…)

o Continuously without a term

10. Supervision mechanism for e-commerce websites that have been awarded creditability symbols:

□ Regularly review the activities of the websites (review frequency:…)

□ Require websites to submit periodic reports (reporting frequency:…)

□ Other mechanisms (specify:…)

11. Internet domain name of the website serving the creditability evaluation activity for e-commerce websites:

12. Headquarters address:…

Telephone: Fax: Email:

Place of Receipt: - As above; - Managing authority (if any); - To be filed:

SIGNATURE OF LEGAL REPRESENTATIVE (Signature, stamp)

FORM TMĐT-3

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TEMPLATE FOR REPORT ON THE OPERATING SITUATION OF E-COMMERCE SERVICE WEBSITE/APPLICATION

1. Name of business entity, organization

2. Address

3. Telephone/Fax/Email

4. Operating situation of e-commerce service website/application

- Business model, scope of operation

- Investment capital

- Website/application tools and policies supporting e-commerce services

- Business situation on e-commerce service websites/applications

- Difficulties and obstacles when operating e-commerce service websites/applications

5. Recommendations and proposals (if any)

FORM TMĐT-4

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TEMPLATE FOR REPORT ON THE RESULTS OF CREDITABILITY EVALUATION OF E-COMMERCE WEBSITES

1. Name of business entity, organization

2. Address

3. Telephone/Fax/Email

4. Results of creditability evaluation of e-commerce websites

5. Recommendations and proposals (if any)