Circular No. 46/2010/TT-BCT stipulates the management of activities of websites for electronic commerce selling goods or providing services.

CIRCULAR

Provisions on the management of activities of e-commerce websites selling goods or providing services

 ___________________________________________________

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Based on Decree No. 57/2006/NĐ-CP dated June 9, 2006 of the Government on e-commerce;

Based on Decree No. 97/2008/NĐ-CP dated August 28, 2008 of the Government on management, provision, and use of Internet services and electronic information on the Internet;

Based on Decision No. 1073/QĐ-TTg dated July 12, 2010 of the Prime Minister approving the overall plan for the development of e-commerce from 2011 to 2015;

The Ministry of Industry and Trade stipulates the management of activities of e-commerce websites selling goods or providing services as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular provides for state management over the activities of e-commerce websites established by traders or organizations within the territory of Vietnam for the purpose of selling goods or providing services.

Article 2. Business activities involving restricted goods or services or goods or services subject to conditions for business conducted through e-commerce websites shall be governed by relevant laws and regulations concerning such goods or services.

Article 3. This Circular applies to:

a) Traders or organizations establishing e-commerce websites to sell their own goods or provide their own services;

b) Traders or organizations providing e-commerce trading platform services;

c) Traders, organizations, or individuals participating in selling goods or providing services on e-commerce trading platforms.

Article 2. Interpretation of Terms

Article 4. E-commerce website means an electronic information site serving commercial transactions and related commercial activities.

Article 5. E-commerce trading platform means an e-commerce website that allows traders, organizations, or individuals who are not owners or managers of the website to conduct sales or service provision activities thereon.

Article 6. General provisions for the operation of e-commerce websites

Clause 1. Transactions and sales activities on e-commerce websites must comply with the provisions of Decree No. 57/2006/NĐ-CP dated June 9, 2006 of the Government on e-commerce, Circular No. 09/2008/TT-BCT dated July 21, 2008 of the Ministry of Industry and Trade on providing information and concluding contracts on e-commerce websites, relevant laws, and the provisions of this Circular.

Clause 2. Only traders registered for business and organizations established in accordance with the law may establish e-commerce websites. Information about the business registration certificate of the trader or the establishment decision of the organization must be clearly published on the homepage of the website.

Clause 3. Traders or organizations providing e-commerce trading platform services must register in accordance with Chapter II of this Circular.

Article 4. Prohibited Acts

Article 7. Prohibited acts

Clause 1. Establishing an e-commerce website to conduct business activities without registering for business as required by law.

Clause 2. Providing false information about business registration or identity on e-commerce websites.

Clause 3. Displaying counterfeit registration symbols on e-commerce trading platforms.

Clause 4. Committing fraudulent acts against customers on e-commerce websites.

Clause 5. Disclosing business secrets of traders or individuals participating in selling goods or providing services on e-commerce trading platforms.

Clause 6. Stealing or improperly using passwords, encryption keys, and personal information of traders, organizations, or individuals transacting on e-commerce websites.

Chapter II

Clause 7. Other prohibited acts as prescribed by laws on commerce and the Internet.

Article 5. Objects to be registered and registration documents

1. Objects to be registered

Business traders and organizations established and operating in accordance with Vietnamese laws; having appropriate business activities or functions; possessing valid domain names; committing to comply with regulations stipulated in this Circular, Decree No. 57/2006/ND-CP, Decree No. 97/2008/ND-CP, Circular No. 09/2008/TT-BCT of the Ministry of Industry and Trade, and related legal provisions.

2. Registration Documents

a) Application for registration of providing electronic commerce trading platform services (in accordance with Form 01 attached to this Circular);

b) Certified copy of the Decision on Establishment (for organizations), business registration certificate, investment certification, or investment permit (for business traders);

c) Regulations governing the operation of the electronic commerce trading platform in compliance with the regulations stipulated in this Circular, Decree No. 57/2006/ND-CP, Decree No. 97/2008/ND-CP, Circular No. 09/2008/TT-BCT of the Ministry of Industry and Trade, and related legal provisions;

d) Sample service contracts or cooperation agreements between business traders or organizations providing electronic commerce trading platform services and other business traders, organizations, or individuals participating in selling goods or services on such platforms.

Article 6. Acceptance of Registration Documents

1. The acceptance and processing of registration documents for providing electronic commerce trading platform services shall be conducted online at the Ministry of Industry and Trade’s website.

2. To submit registration documents, business traders and organizations must access the Electronic Commerce Trading Platform Registration System on the Ministry of Industry and Trade’s website at www.moit.gov.vn. After completing all required information according to the system's requirements, business traders and organizations shall submit their registration documents electronically in accordance with Clause 2 of Article 5 of this Circular to the Ministry of Industry and Trade.

3. Upon receipt of the registration documents, the Ministry of Industry and Trade will review the documents and notify the business trader or organization within three working days regarding one of the following:

a) Confirmation that the documents are complete and valid;

b) Request for additional documents in accordance with Clause 2 of Article 5;

c) Refusal to confirm registration if the business trader or organization does not meet the requirements set forth in Clause 1 of Article 5.

4. After receiving confirmation that the documents are complete and valid, the business trader or organization is responsible for submitting the registration documents (paper version) in accordance with Clause 2 of Article 5 of this Circular to the Ministry of Industry and Trade.

Business traders and organizations may monitor the status of their document processing through email or their login account provided for the system to update and modify information as required.

Article 7. Confirmation of Registration

1. Timeframe for registration confirmation: five working days from the date of receipt of the paper registration documents submitted by the business trader or organization to the Ministry of Industry and Trade in accordance with Clause 4 of Article 6 of this Circular.

2. Immediately upon confirming registration, the electronic commerce trading platform will display a registration icon on its homepage. When users select this icon, they will be directed to the registration information section of the business trader or organization providing the electronic commerce trading platform service on the Ministry of Industry and Trade’s website.

Article 8. Provision of Information on Registered Electronic Commerce Trading Platforms

1. Provision of Information

Registered electronic commerce trading platforms shall be publicly announced on the Ministry of Industry and Trade's online information portal.

The publicly announced information about registered electronic commerce trading platforms includes: registered name and trading name of the business entity or organization; headquarters address; telephone number, email address; domain name of the electronic commerce trading platform; business field.

2. Updating Information

In case of changes to information related to registered electronic commerce trading platforms as stipulated in Clause 1 of this Article, the business entity or organization providing electronic commerce trading platform services must notify the Ministry of Industry and Trade within five working days from the date of the change in information.

Business entities or organizations shall perform the notification in writing or by using the access account provided when registering to send the notification.

Article 9. Withdrawal, Termination of Registration

1. In cases where violations are discovered during the registration process or in the operation of electronic commerce trading platforms, the Ministry of Industry and Trade will revoke the registration for the business entity or organization providing electronic commerce trading platform services;

2. When ceasing operations, electronic commerce trading platforms must notify the Ministry of Industry and Trade ten working days in advance to terminate registration;

3. Upon revocation or termination of registration of an electronic commerce trading platform, the Ministry of Industry and Trade will remove the registration icon from that website, and simultaneously revoke the link from that e-commerce website to the Ministry of Industry and Trade's online information portal.

A list of electronic commerce trading platforms whose registrations have been revoked or terminated will be publicly announced on the Ministry of Industry and Trade's online information portal.

Chapter III

RESPONSIBILITIES OF BUSINESS ENTITIES AND ORGANIZATIONS PROVIDING ELECTRONIC COMMERCE TRADING PLATFORM SERVICES AND

 BUSINESS ENTITIES, ORGANIZATIONS, AND INDIVIDUALS PARTICIPATING IN THE SALE OF GOODS AND SUPPLY OF SERVICES

 ON ELECTRONIC COMMERCE TRADING PLATFORMS

Article 10. Responsibilities of Business Entities and Organizations Providing Electronic Commerce Trading Platform Services

1. Registering to provide electronic commerce trading platform services in accordance with the provisions of Chapter II of this Circular.

2. Establishing and promulgating management regulations for electronic commerce trading platforms. Key contents of the regulations include: principles, transaction procedures, ensuring transaction security, protecting consumer rights, managing negative information, limiting liability in cases of technical errors of the trading platform. These regulations must be displayed on the homepage of the website and allow participants to read and store them conveniently and completely.

3. Reviewing and verifying the business registration information (for businesses) or personal information (for individuals) participating in selling goods or supplying services on electronic commerce trading platforms.

4. Establishing mechanisms allowing businesses, organizations, and individuals participating in electronic commerce trading platforms to implement contract formation processes in accordance with Circular No. 09/2008/TT-BCT on providing information and concluding contracts on e-commerce websites.

5. Retaining the registration information of businesses or personal information of individuals from the day they register to participate in electronic commerce trading platforms and regularly updating relevant changes and additions.

6. Implementing necessary measures to ensure the security of information related to business secrets of businesses and personal information. Such information may not be disclosed, transferred, rented, or sold without the consent of the relevant parties, except as otherwise provided by law.

7. Actively supporting state management agencies in investigating illegal business activities; providing documents such as registration information, transaction history data, etc., of subjects engaging in illegal activities on electronic commerce trading platforms.

8. Publicizing mechanisms for resolving disputes arising during transactions on electronic commerce trading platforms. When consumers purchase goods or services and have conflicts with sellers or suffer damage to their legitimate interests, the business entity or organization operating the e-commerce platform must provide consumers with the seller's registration information and actively support consumers in protecting their rights and legitimate interests.

9. Before January 15 each year, report to the Ministry of Industry and Trade statistical data on the situation of goods and service transactions on electronic commerce trading platforms of the previous year (in accordance with the form prescribed in Appendix No. 02 issued together with this Circular).

Article 11. Responsibilities of traders, organizations, and individuals selling goods or providing services on electronic commerce trading platforms

1. Ensuring the accuracy and honesty of information about their goods and services offered on electronic commerce trading platforms.

2. Adhering to the provisions set forth in Decree No. 57/2006/NĐ-CP dated June 9, 2006 of the Government on electronic commerce, Circular No. 09/2008/TT-BCT dated July 21, 2008 of the Ministry of Industry and Trade on providing information and concluding contracts on electronic commerce websites, and the provisions of this Circular.

3. Adhering to the relevant legal regulations concerning payment, advertising, and promotions.

Article 12. Joint Liability Between Traders and Organizations Providing Electronic Commerce Trading Platforms and Traders and Organizations, Individuals Participating in Selling Goods or Providing Services on Such Platforms

1. Service contracts or cooperation agreements between traders, organizations, and individuals selling goods and services on electronic commerce platforms and traders and organizations providing electronic commerce trading platform services must clearly define each party's responsibilities for providing information and concluding contracts in accordance with Circular No. 09/2008/TT-BCT dated July 21, 2008 and related regulatory legal documents.

2. If service contracts or cooperation agreements between traders, organizations, and individuals selling goods and services on electronic commerce platforms and traders and organizations providing electronic commerce trading platform services do not clearly define each party's responsibilities, then the trader or organization providing the electronic commerce trading platform service shall be liable in cases where the sale of goods or provision of services on the platform violates the provisions of Circular No. 09/2008/TT-BCT dated July 21, 2008 and related regulatory legal documents.

Chapter IV

IMPLEMENTATION

Article 13. Implementation Provisions

This Circular takes effect from June 1, 2011.

For electronic commerce websites established and operational before the date this Circular takes effect, they must register in accordance with this Circular within ninety days from the date this Circular takes effect.

Article 14. Implementation Organization

The Ministry of Industry and Trade assigns the Department of E-commerce and Information Technology to implement the registration confirmation of electronic commerce trading platforms in accordance with this Circular.

During the implementation of this Circular, if any issues arise, traders or related organizations and individuals should promptly report them to the Ministry of Industry and Trade for review and resolution./.